Bill Text: OH HB472 | 2013-2014 | 130th General Assembly | Introduced


Bill Title: ; to amend Section 1 of Sub. H.B. 34 of the 130th General Assembly, as subsequently amended; to amend Sections 207.10, 209.30, 211.10, 221.10, 241.10, 257.10, 259.10, 263.10, 263.230, 263.240, 263.250, 263.270, 263.325, 275.10, 282.10, 282.30, 285.10, 285.20, 301.10, 327.10, 327.83, 333.10, 333.80, 340.10, 359.10, 363.10, 363.120, 363.190, 363.200, 365.10, 371.10, 395.10, 403.10, 512.80, and 751.10 of Am. Sub. H.B. 59 of the 130th General Assembly; and to repeal Section 747.40 of Am. Sub. H.B. 59 of the 130th General Assembly to make operating and other appropriations and to provide authorization and conditions for the operation of state programs.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-03-11 - To Ways and Means [HB472 Detail]

Download: Ohio-2013-HB472-Introduced.html
As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 472


Representative McClain (By Request) 



A BILL
To amend sections 7.10, 7.16, 9.482, 109.572, 1
109.5721, 111.15, 119.03, 119.12, 121.08, 122.121, 2
122.136, 122.17, 122.171, 122.21, 122.25, 122.37, 3
122.64, 122.86, 122.861, 122.89, 122.94, 122.941, 4
123.01, 124.32, 125.13, 125.182, 126.21, 126.25, 5
131.02, 133.06, 149.311, 149.38, 150.10, 153.56, 6
164.26, 166.13, 166.18, 166.21, 173.27, 173.38, 7
184.02, 191.01, 340.02, 340.021, 718.15, 718.151, 8
901.22, 903.01, 903.03, 903.07, 903.082, 903.09, 9
903.10, 903.11, 903.12, 903.13, 903.16, 903.17, 10
903.25, 921.06, 941.14, 953.22, 1321.535, 1321.55, 11
1322.03, 1322.031, 1322.04, 1322.041, 1322.051, 12
1322.06, 1501.01, 1501.011, 1509.01, 1509.02, 13
1509.04, 1509.05, 1509.06, 1509.071, 1509.08, 14
1509.11, 1509.222, 1509.223, 1509.23, 1509.27, 15
1509.33, 1509.34, 1509.99, 1511.01, 1511.02, 16
1511.021, 1511.022, 1511.05, 1511.07, 1511.99, 17
1515.01, 1515.02, 1515.08, 1533.081, 1533.10, 18
1533.11, 1533.12, 1551.34, 1561.31, 1711.50, 19
1711.53, 2151.417, 2151.421, 2152.19, 2305.25, 20
2305.252, 2701.09, 2915.01, 2915.03, 2915.06, 21
2915.061, 2945.402, 3123.89, 3301.0714, 3301.0715, 22
3302.03, 3302.10, 3313.372, 3313.603, 3313.6013, 23
3313.6016, 3313.90, 3313.91, 3314.08, 3317.02, 24
3317.0217, 3317.03, 3319.22, 3319.26, 3321.03, 25
3321.04, 3321.07, 3321.08, 3321.09, 3324.07, 26
3326.36, 3328.24, 3331.04, 3333.041, 3333.048, 27
3333.35, 3333.43, 3333.86, 3345.06, 3358.06, 28
3365.04, 3365.041, 3365.05, 3365.06, 3365.08, 29
3365.11, 3701.132, 3701.34, 3701.74, 3701.83, 30
3701.881, 3702.511, 3702.52, 3702.526, 3702.71, 31
3702.74, 3702.75, 3702.91, 3702.95, 3704.05, 32
3730.09, 3731.02, 3734.02, 3734.029, 3734.905, 33
3737.02, 3745.70, 3750.13, 3750.14, 3770.01, 34
3770.02, 3770.05, 3772.01, 3772.02, 3772.03, 35
3772.032, 3772.033, 3772.04, 3772.06, 3772.07, 36
3772.10, 3772.12, 3772.121, 3772.15, 3772.17, 37
3772.21, 3772.23, 3772.31, 3772.99, 4121.129, 38
4123.01, 4123.26, 4123.27, 4123.29, 4123.291, 39
4123.292, 4123.32, 4123.322, 4123.34, 4123.35, 40
4123.353, 4123.36, 4123.37, 4123.40, 4123.41, 41
4123.411, 4123.47, 4123.511, 4123.512, 4123.54, 42
4123.66, 4123.82, 4123.83, 4125.05, 4141.01, 43
4141.09, 4141.11, 4141.131, 4141.20, 4141.25, 44
4141.26, 4141.28, 4141.29, 4141.35, 4511.191, 45
4729.03, 4729.12, 4729.13, 4729.15, 4729.54, 46
4729.80, 4729.83, 4729.86, 4731.36, 4737.045, 47
4740.06, 4743.04, 4758.01, 4758.02, 4758.06, 48
4758.16, 4758.20, 4758.21, 4758.23, 4758.24, 49
4758.26, 4758.28, 4758.29, 4758.30, 4758.31, 50
4758.35, 4758.36, 4758.50, 4758.51, 4758.60, 51
4758.71, 4781.121, 4781.29, 4905.01, 4905.81, 52
4905.95, 4921.13, 4921.19, 4923.01, 4923.02, 53
4923.04, 4928.66, 5104.03, 5123.01, 5123.011, 54
5123.012, 5123.081, 5123.16, 5123.162, 5123.169, 55
5123.19, 5123.191, 5123.21, 5123.61, 5123.75, 56
5123.76, 5123.89, 5124.01, 5124.106, 5124.21, 57
5124.60, 5124.61, 5124.62, 5124.67, 5126.01, 58
5126.0219, 5126.041, 5126.046, 5126.051, 5126.08, 59
5126.21, 5126.25, 5126.42, 5126.43, 5126.45, 60
5139.05, 5139.34, 5139.36, 5139.41, 5164.34, 61
5164.342, 5513.01, 5703.052, 5703.056, 5703.059, 62
5703.21, 5713.012, 5727.47, 5727.91, 5735.01, 63
5735.026, 5735.03, 5735.06, 5735.062, 5735.07, 64
5735.09, 5735.12, 5735.141, 5735.23, 5736.06, 65
5736.09, 5736.13, 5743.01, 5743.02, 5743.021, 66
5743.024, 5743.025, 5743.03, 5743.04, 5743.05, 67
5743.051, 5743.112, 5743.32, 5743.51, 5743.52, 68
5743.62, 5743.63, 5743.65, 5747.02, 5747.025, 69
5747.08, 5747.71 5747.98, 5749.01, 5749.02, 70
5749.03, 5749.04, 5749.06, 5749.07, 5749.08, 71
5749.10, 5749.12, 5749.13, 5749.14, 5749.15, 72
5749.17, 5751.03, 5751.20, 5902.02, 5903.03, 73
5903.10, 5903.11, 5903.12, 5903.121, 5907.01, 74
5907.04, 6109.10, 6111.03, 6111.04, 6111.44, and 75
6111.99; to amend, for the purpose of adopting new 76
section numbers as indicated in parentheses, 77
sections 1509.061 (1509.091), 1511.022 (939.04), 78
3365.04 (3365.06), 3365.041 (3365.032), 3365.05 79
(3365.12), 3365.06 (3365.031), and 3365.11 80
(3365.09); to enact new sections 3313.6015, 81
3365.01, 3365.02, 3365.03, 3365.04, 3365.05, 82
3365.07, 3365.10, 3365.11, and 3365.15 and 83
sections 107.35, 164.261, 190.01, 190.02, 190.03, 84
190.04, 321.50, 939.01, 939.02, 939.03, 939.05, 85
939.06, 939.07, 939.08, 939.09, 939.10, 939.11, 86
1509.051, 1511.023, 1511.09, 2915.062, 3123.90, 87
3313.902, 3317.162, 3333.0413, 3333.164, 3333.171, 88
3333.33, 3333.44, 3333.90, 3333.91, 3345.42, 89
3345.43, 3345.44, 3345.46, 3365.071, 3365.13, 90
3721.122, 3772.14, 4121.443, 4121.447, 4758.48, 91
4758.62, 4758.63, 4758.64, 4909.157, 5122.36, 92
5123.0420, 5139.12, 5139.45, 5736.50, 5749.031, 93
5903.01, 5903.04, and 5903.05; to repeal sections 94
183.35, 903.04, 1509.50, 1511.071, 3125.191, 95
3313.6015, 3345.062, 3345.19, 3365.01, 3365.02, 96
3365.021, 3365.022, 3365.03, 3365.07, 3365.09, 97
3365.10, 3365.12, 3365.15, 3702.93, 3750.081, 98
4123.419, 5124.63, 5124.64, 5726.08, 5733.30, 99
5735.16, 5743.06, and 5745.10 of the Revised Code; 100
to amend Section 1 of Sub. H.B. 34 of the 130th 101
General Assembly, as subsequently amended; to 102
amend Sections 207.10, 209.30, 211.10, 221.10, 103
241.10, 257.10, 259.10, 263.10, 263.230, 263.240, 104
263.250, 263.270, 263.325, 275.10, 282.10, 282.30, 105
285.10, 285.20, 301.10, 327.10, 327.83, 333.10, 106
333.80, 340.10, 359.10, 363.10, 363.120, 363.190, 107
363.200, 365.10, 371.10, 395.10, 403.10, 512.80, 108
and 751.10 of Am. Sub. H.B. 59 of the 130th 109
General Assembly; and to repeal Section 747.40 of 110
Am. Sub. H.B. 59 of the 130th General Assembly to 111
make operating and other appropriations and to 112
provide authorization and conditions for the 113
operation of state programs.114


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

       Section 101.01. That sections 7.10, 7.16, 9.482, 109.572, 115
109.5721, 111.15, 119.03, 119.12, 121.08, 122.121, 122.136, 116
122.17, 122.171, 122.21, 122.25, 122.37, 122.64, 122.86, 122.861, 117
122.89, 122.94, 122.941, 123.01, 124.32, 125.13, 125.182, 126.21, 118
126.25, 131.02, 133.06, 149.311, 149.38, 150.10, 153.56, 164.26, 119
166.13, 166.18, 166.21, 173.27, 173.38, 184.02, 191.01, 340.02, 120
340.021, 718.15, 718.151, 901.22, 903.01, 903.03, 903.07, 903.082, 121
903.09, 903.10, 903.11, 903.12, 903.13, 903.16, 903.17, 903.25, 122
921.06, 941.14, 953.22, 1321.535, 1321.55, 1322.03, 1322.031, 123
1322.04, 1322.041, 1322.051, 1322.06, 1501.01, 1501.011, 1509.01, 124
1509.02, 1509.04, 1509.05, 1509.06, 1509.071, 1509.08, 1509.11, 125
1509.222, 1509.223, 1509.23, 1509.27, 1509.33, 1509.34, 1509.99, 126
1511.01, 1511.02, 1511.021, 1511.022, 1511.05, 1511.07, 1511.99, 127
1515.01, 1515.02, 1515.08, 1533.081, 1533.10, 1533.11, 1533.12, 128
1551.34, 1561.31, 1711.50, 1711.53, 2151.417, 2151.421, 2152.19, 129
2305.25, 2305.252, 2701.09, 2915.01, 2915.03, 2915.06, 2915.061, 130
2945.402, 3123.89, 3301.0714, 3301.0715, 3302.03, 3302.10, 131
3313.372, 3313.603, 3313.6013, 3313.6016, 3313.90, 3313.91, 132
3314.08, 3317.02, 3317.0217, 3317.03, 3319.22, 3319.26, 3321.03, 133
3321.04, 3321.07, 3321.08, 3321.09, 3324.07, 3326.36, 3328.24, 134
3331.04, 3333.041, 3333.048, 3333.35, 3333.43, 3333.86, 3345.06, 135
3358.06, 3365.04, 3365.041, 3365.05, 3365.06, 3365.08, 3365.11, 136
3701.132, 3701.34, 3701.74, 3701.83, 3701.881, 3702.511, 3702.52, 137
3702.526, 3702.71, 3702.74, 3702.75, 3702.91, 3702.95, 3704.05, 138
3730.09, 3731.02, 3734.02, 3734.029, 3734.905, 3737.02, 3745.70, 139
3750.13, 3750.14, 3770.01, 3770.02, 3770.05, 3772.01, 3772.02, 140
3772.03, 3772.032, 3772.033, 3772.04, 3772.06, 3772.07, 3772.10, 141
3772.12, 3772.121, 3772.15, 3772.17, 3772.21, 3772.23, 3772.31, 142
3772.99, 4121.129, 4123.01, 4123.26, 4123.27, 4123.29, 4123.291, 143
4123.292, 4123.32, 4123.322, 4123.34, 4123.35, 4123.353, 4123.36, 144
4123.37, 4123.40, 4123.41, 4123.411, 4123.47, 4123.511, 4123.512, 145
4123.54, 4123.66, 4123.82, 4123.83, 4125.05, 4141.01, 4141.09, 146
4141.11, 4141.131, 4141.20, 4141.25, 4141.26, 4141.28, 4141.29, 147
4141.35, 4511.191, 4729.03, 4729.12, 4729.13, 4729.15, 4729.54, 148
4729.80, 4729.83, 4729.86, 4731.36, 4737.045, 4740.06, 4743.04, 149
4758.01, 4758.02, 4758.06, 4758.16, 4758.20, 4758.21, 4758.23, 150
4758.24, 4758.26, 4758.28, 4758.29, 4758.30, 4758.31, 4758.35, 151
4758.36, 4758.50, 4758.51, 4758.60, 4758.71, 4781.121, 4781.29, 152
4905.01, 4905.81, 4905.95, 4921.13, 4921.19, 4923.01, 4923.02, 153
4923.04, 4928.66, 5104.03, 5123.01, 5123.011, 5123.012, 5123.081, 154
5123.16, 5123.162, 5123.169, 5123.19, 5123.191, 5123.21, 5123.61, 155
5123.75, 5123.76, 5123.89, 5124.01, 5124.106, 5124.21, 5124.60, 156
5124.61, 5124.62, 5124.67, 5126.01, 5126.0219, 5126.041, 5126.046, 157
5126.051, 5126.08, 5126.21, 5126.25, 5126.42, 5126.43, 5126.45, 158
5139.05, 5139.34, 5139.36, 5139.41, 5164.34, 5164.342, 5513.01, 159
5703.052, 5703.056, 5703.059, 5703.21, 5713.012, 5727.47, 5727.91, 160
5735.01, 5735.026, 5735.03, 5735.06, 5735.062, 5735.07, 5735.09, 161
5735.12, 5735.141, 5735.23, 5736.06, 5736.09, 5736.13, 5743.01, 162
5743.02, 5743.021, 5743.024, 5743.025, 5743.03, 5743.04, 5743.05, 163
5743.051, 5743.112, 5743.32, 5743.51, 5743.52, 5743.62, 5743.63, 164
5743.65, 5747.02, 5747.025, 5747.08, 5747.71, 5747.98, 5749.01, 165
5749.02, 5749.03, 5749.04, 5749.06, 5749.07, 5749.08, 5749.10, 166
5749.12, 5749.13, 5749.14, 5749.15, 5749.17, 5751.03, 5751.20, 167
5902.02, 5903.03, 5903.10, 5903.11, 5903.12, 5903.121, 5907.01, 168
5907.04, 6109.10, 6111.03, 6111.04, 6111.44, and 6111.99 be 169
amended; sections 1509.061 (1509.091), 1511.022 (939.04), 3365.04 170
(3365.06), 3365.041 (3365.032), 3365.05 (3365.12), 3365.06 171
(3365.031), and 3365.11 (3365.09) be amended for the purpose of 172
adopting new section numbers as indicated in parentheses; and new 173
sections 3313.6015, 3365.01, 3365.02, 3365.03, 3365.04, 3365.05, 174
3365.07, 3365.10, 3365.11, and 3365.15 and sections 107.35, 175
164.261, 190.01, 190.02, 190.03, 190.04, 321.50, 939.01, 939.02, 176
939.03, 939.05, 939.06, 939.07, 939.08, 939.09, 939.10, 939.11, 177
1509.051, 1511.023, 1511.09, 2915.062, 3123.90, 3313.902, 178
3317.162, 3333.0413, 3333.164, 3333.171, 3333.33, 3333.44, 179
3333.90, 3333.91, 3345.42, 3345.43, 3345.44, 3345.46, 3365.071, 180
3365.13, 3721.122, 3772.14, 4121.443, 4121.447, 4758.48, 4758.62, 181
4758.63, 4758.64, 4909.157, 5122.36, 5123.0420, 5139.12, 5139.45, 182
5736.50, 5749.031, 5903.01, 5903.04, and 5903.05 of the Revised 183
Code be enacted to read as follows:184

       Sec. 7.10.  For the publication of advertisements, notices, 185
and proclamations, except those relating to proposed amendments to 186
the Ohio Constitution, required to be published by a public 187
officer of the state, a benevolent or other public institution, a 188
trustee, assignee, executor, or administrator, or by or in any 189
court of record, except when the rate is otherwise fixed by law, 190
publishers of newspapers may charge and receive for such 191
advertisements, notices, and proclamations rates charged on annual 192
contracts by them for a like amount of space to other advertisers 193
who advertise in its general display advertising columns.194

       For the publication of advertisements, notices, or 195
proclamations required to be published by a public officer of a 196
county, municipal corporation, township, school, or other 197
political subdivision, publishers of newspapers shall establish a 198
government rate, which shall include free publication of 199
advertisements, notices, or proclamations on the newspaper's 200
internet web site, if the newspaper has one. The government rate 201
shall not exceed the lowest classified advertising rate and lowest 202
insert rate paid by other advertisers.203

        Legal advertising appearing in print, except that relating to 204
proposed amendments to the Ohio Constitution, shall be set up in a 205
compact form, without unnecessary spaces, blanks, or headlines, 206
and printed in not smaller than six-point type. The type used must 207
be of such proportions that the body of the capital letter M is no 208
wider than it is high and all other letters and characters are in 209
proportion.210

       Except as provided in section 2701.09 of the Revised Code, 211
all legal advertisements or, notices, or proclamations shall be 212
printed in a newspaper of general circulation and shall be posted 213
by the newspaper publisher on the newspaper's internet web site, 214
if the newspaper has one. Publishers of newspapers may not charge 215
for posting advertisements, notices, and proclamations on the 216
newspaper's internet web site, if the newspaper has one.217

       Sec. 7.16. (A) As used in this section:218

       (1) "State agency" means any organized body, office, agency, 219
institution, or other entity established by the laws of the state 220
for the exercise of any function of state government, including 221
state institutions of higher education, as defined in section 222
3345.011 of the Revised Code.223

       (2) "Political subdivision" has the meaning defined in 224
section 2744.01 of the Revised Code.225

       (B) If a section of the Revised Code or an administrative 226
rule requires a state agency or a political subdivision to publish 227
a notice or advertisement two or more times in a newspaper of 228
general circulation and the section or administrative rule refers 229
to this section, the first publication of the notice or 230
advertisement shall be made in its entirety in a newspaper of 231
general circulation and may be made in a preprinted insert in the 232
newspaper, but the second publication otherwise required by that 233
section or administrative rule may be made in abbreviated form in 234
a newspaper of general circulation in the state or in the 235
political subdivision, as designated in that section or 236
administrative rule, and on the newspaper's internet web site, if 237
the newspaper has one. The state agency or political subdivision 238
may eliminate any further newspaper publications required by that 239
section or administrative rule, provided that the second, 240
abbreviated notice or advertisement meets all of the following 241
requirements:242

       (1) It is published in the newspaper of general circulation 243
in which the first publication of the notice or advertisement was 244
made and is published on that newspaper's internet web site, if 245
the newspaper has one.246

       (2) It is published on the stateofficial public notice web 247
site established under section 125.182 of the Revised Code. The 248
publisher of the newspaper shall post the notice or advertisement 249
on the official public notice web site at no additional cost.250

       (3) It includes a title, followed by a summary paragraph or 251
statement that clearly describes the specific purpose of the 252
notice or advertisement, and includes a statement that the notice 253
or advertisement is posted in its entirety on the stateofficial254
public notice web site. The notice or advertisement also may be 255
posted on the state agency's or political subdivision's internet 256
web site.257

       (4) It includes the internet addressesaddress of the state258
official public notice web site, and of the newspaper's and state 259
agency's or political subdivision's internet web site if the 260
notice or advertisement is posted on those web sites, and the 261
name, address, telephone number, and electronic mail address of 262
the state agency, political subdivision, or other party 263
responsible for publication of the notice or advertisement.264

       (C) A notice or advertisement published under this section on 265
an internet web site shall be published in its entirety in 266
accordance with the section of the Revised Code or the 267
administrative rule that requires the publication.268

        (D) If the stateofficial public notice web site established 269
under section 125.182 of the Revised Code is not operational, the 270
state agency or political subdivision shall not publish a notice 271
or advertisement under this section, but instead shall comply with 272
the publication requirements of the section of the Revised Code or 273
the administrative rule that refers to this section.274

       Sec. 9.482. (A) As used in this section, "political:275

       (1) "Political subdivision" has the meaning defined in 276
section 2744.01 of the Revised Code.277

       (2) "State agency" means any organized body, office, agency, 278
institution, or other entity established by the laws of the state 279
for the exercise of any function of state government. The term 280
includes a state institution of higher education as defined in 281
section 3345.011 of the Revised Code.282

       (B)(1) When legally authorized by their respective 283
legislative authoritiesto do so, a political subdivision may 284
enter into an agreement with another political subdivision or a 285
state agency whereby athe contracting political subdivision or 286
state agency agrees to exercise any power, perform any function, 287
or render any service for anotherthe contracting recipient 288
political subdivision that the contracting recipient political 289
subdivision is otherwise legally authorized to exercise, perform, 290
or render.291

       In(2) When legally authorized to do so, a state agency may 292
enter into an agreement with a political subdivision whereby the 293
contracting political subdivision agrees to exercise any power, 294
perform any function, or render any service for the contracting 295
recipient state agency that the contracting recipient state agency 296
is otherwise legally authorized to exercise, perform, or render.297

       (C) In the absence in the agreement of provisions determining 298
by what officer, office, department, agency, or other authority 299
the powers and duties of a contracting political subdivision shall 300
be exercised or performed, the legislative authority of the 301
contracting political subdivision shall determine and assign the 302
powers and duties.303

        An agreement shall not suspend the possession by a 304
contracting recipient political subdivision or state agency of any 305
power or function that is exercised or performed on its behalf by 306
anotherthe other contracting political subdivision or the 307
contracting state agency under the agreement.308

       A political subdivision shall not enter into an agreement to 309
levy any tax or to exercise, with regard to public moneys, any 310
investment powers, perform any investment function, or render any 311
investment service on behalf of a contracting subdivision. Nothing 312
in this paragraph prohibits a political subdivision from entering 313
into an agreement to collect, administer, or enforce any tax on 314
behalf of another political subdivision or to limit the authority 315
of political subdivisions to create and operate joint economic 316
development zones or joint economic development districts as 317
provided in sections 715.69 to 715.83 of the Revised Code.318

       (C)(D) No county elected officer may be required to exercise 319
any power, perform any function, or render any service under an 320
agreement entered into under this section without the written 321
consent of the county elected officer. No county may enter into an 322
agreement under this section for the exercise, performance, or 323
rendering of any statutory powers, functions, or services of any 324
county elected officer without the written consent of the county 325
elected officer.326

       (D)(E) No power shall be exercised, no function shall be 327
performed, and no service shall be rendered by a contracting 328
political subdivision or state agency pursuant to an agreement 329
entered into under this section within a political subdivision 330
that is not a party to the agreement, without first obtaining the 331
written consent of the political subdivision that is not a party 332
to the agreement and within which the power is to be exercised, a 333
function is to be performed, or a service is to be rendered.334

       (E)(F) Chapter 2744. of the Revised Code, insofar as it 335
applies to the operation of a political subdivision, applies to 336
the political subdivisions that are parties to an agreement and to 337
their employees when they are rendering a service outside the 338
boundaries of their employing political subdivision under the 339
agreement. Employees acting outside the boundaries of their 340
employing political subdivision while providing a service under an 341
agreement may participate in any pension or indemnity fund 342
established by the political subdivision to the same extent as 343
while they are acting within the boundaries of the political 344
subdivision, and are entitled to all the rights and benefits of 345
Chapter 4123. of the Revised Code to the same extent as while they 346
are performing a service within the boundaries of the political 347
subdivision.348

       Sec. 107.35.  Not later than December 31, 2014, the 349
governor's office of workforce transformation, with staff support 350
and assistance from the departments of job and family services and 351
education and the Ohio board of regents, shall establish criteria 352
to use for evaluating the performance of state and local workforce 353
programs using basic, aligned workforce measures related to system 354
efficiency and effectiveness. The office shall develop and make 355
available on the internet through a web site a public dashboard to 356
display metrics regarding the state's administration of primary 357
workforce programs, including the following programs:358

       (A) The adult basic and literacy education program;359

       (B) Programs administered under the federal "Carl D. Perkins 360
Career and Technical Education Act of 2006," 120 Stat. 683, 20 361
U.S.C. 2301 et seq., as amended;362

       (C) State aid and scholarships within the Ohio board of 363
regents;364

       (D) Programs administered under title I of the federal 365
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801 366
et seq., as amended.367

       Sec. 109.572. (A)(1) Upon receipt of a request pursuant to 368
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code, 369
a completed form prescribed pursuant to division (C)(1) of this 370
section, and a set of fingerprint impressions obtained in the 371
manner described in division (C)(2) of this section, the 372
superintendent of the bureau of criminal identification and 373
investigation shall conduct a criminal records check in the manner 374
described in division (B) of this section to determine whether any 375
information exists that indicates that the person who is the 376
subject of the request previously has been convicted of or pleaded 377
guilty to any of the following:378

       (a) A violation of section 2903.01, 2903.02, 2903.03, 379
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 380
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 381
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 382
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 383
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 384
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 385
2925.06, or 3716.11 of the Revised Code, felonious sexual 386
penetration in violation of former section 2907.12 of the Revised 387
Code, a violation of section 2905.04 of the Revised Code as it 388
existed prior to July 1, 1996, a violation of section 2919.23 of 389
the Revised Code that would have been a violation of section 390
2905.04 of the Revised Code as it existed prior to July 1, 1996, 391
had the violation been committed prior to that date, or a 392
violation of section 2925.11 of the Revised Code that is not a 393
minor drug possession offense;394

       (b) A violation of an existing or former law of this state, 395
any other state, or the United States that is substantially 396
equivalent to any of the offenses listed in division (A)(1)(a) of 397
this section;398

       (c) If the request is made pursuant to section 3319.39 of the 399
Revised Code for an applicant who is a teacher, any offense 400
specified in section 3319.31 of the Revised Code.401

       (2) On receipt of a request pursuant to section 3712.09 or 402
3721.121 of the Revised Code, a completed form prescribed pursuant 403
to division (C)(1) of this section, and a set of fingerprint 404
impressions obtained in the manner described in division (C)(2) of 405
this section, the superintendent of the bureau of criminal 406
identification and investigation shall conduct a criminal records 407
check with respect to any person who has applied for employment in 408
a position for which a criminal records check is required by those 409
sections. The superintendent shall conduct the criminal records 410
check in the manner described in division (B) of this section to 411
determine whether any information exists that indicates that the 412
person who is the subject of the request previously has been 413
convicted of or pleaded guilty to any of the following:414

       (a) A violation of section 2903.01, 2903.02, 2903.03, 415
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 416
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 417
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 418
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 419
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 420
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 421
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 422
2925.22, 2925.23, or 3716.11 of the Revised Code;423

       (b) An existing or former law of this state, any other state, 424
or the United States that is substantially equivalent to any of 425
the offenses listed in division (A)(2)(a) of this section.426

       (3) On receipt of a request pursuant to section 173.27, 427
173.38, 3701.881, 5164.34, 5164.341, 5164.342, 5123.081, or 428
5123.169 of the Revised Code, a completed form prescribed pursuant 429
to division (C)(1) of this section, and a set of fingerprint 430
impressions obtained in the manner described in division (C)(2) of 431
this section, the superintendent of the bureau of criminal 432
identification and investigation shall conduct a criminal records 433
check of the person for whom the request is made. The 434
superintendent shall conduct the criminal records check in the 435
manner described in division (B) of this section to determine 436
whether any information exists that indicates that the person who 437
is the subject of the request previously has been convicted of, 438
hasor pleaded guilty to, or (except in the case of a request 439
pursuant to section 5164.34, 5164.341, or 5164.342 of the Revised 440
Code) has been found eligible for intervention in lieu of 441
conviction for any of the following, regardless of the date of the 442
conviction, the dateor of the entry of the guilty plea, or 443
(except in the case of a request pursuant to section 5164.34, 444
5164.341, or 5164.342 of the Revised Code) the date the person was 445
found eligible for intervention in lieu of conviction:446

       (a) A violation of section 959.13, 959.131, 2903.01, 2903.02, 447
2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 448
2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01, 449
2905.02, 2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.02, 450
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 451
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 452
2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04, 453
2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 454
2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21, 455
2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 456
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 457
2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123, 458
2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.12, 459
2921.13, 2921.21, 2921.24, 2921.32, 2921.321, 2921.34, 2921.35, 460
2921.36, 2921.51, 2923.12, 2923.122, 2923.123, 2923.13, 2923.161, 461
2923.162, 2923.21, 2923.32, 2923.42, 2925.02, 2925.03, 2925.04, 462
2925.041, 2925.05, 2925.06, 2925.09, 2925.11, 2925.13, 2925.14, 463
2925.141, 2925.22, 2925.23, 2925.24, 2925.36, 2925.55, 2925.56, 464
2927.12, or 3716.11 of the Revised Code;465

       (b) Felonious sexual penetration in violation of former 466
section 2907.12 of the Revised Code;467

       (c) A violation of section 2905.04 of the Revised Code as it 468
existed prior to July 1, 1996;469

       (d) A violation of section 2923.01, 2923.02, or 2923.03 of 470
the Revised Code when the underlying offense that is the object of 471
the conspiracy, attempt, or complicity is one of the offenses 472
listed in divisions (A)(3)(a) to (c) of this section;473

       (e) A violation of an existing or former municipal ordinance 474
or law of this state, any other state, or the United States that 475
is substantially equivalent to any of the offenses listed in 476
divisions (A)(3)(a) to (d) of this section.477

       (4) On receipt of a request pursuant to section 2151.86 of 478
the Revised Code, a completed form prescribed pursuant to division 479
(C)(1) of this section, and a set of fingerprint impressions 480
obtained in the manner described in division (C)(2) of this 481
section, the superintendent of the bureau of criminal 482
identification and investigation shall conduct a criminal records 483
check in the manner described in division (B) of this section to 484
determine whether any information exists that indicates that the 485
person who is the subject of the request previously has been 486
convicted of or pleaded guilty to any of the following:487

       (a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, 488
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, 489
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 490
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 491
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 492
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, 493
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02, 494
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 495
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11 496
of the Revised Code, a violation of section 2905.04 of the Revised 497
Code as it existed prior to July 1, 1996, a violation of section 498
2919.23 of the Revised Code that would have been a violation of 499
section 2905.04 of the Revised Code as it existed prior to July 1, 500
1996, had the violation been committed prior to that date, a 501
violation of section 2925.11 of the Revised Code that is not a 502
minor drug possession offense, two or more OVI or OVUAC violations 503
committed within the three years immediately preceding the 504
submission of the application or petition that is the basis of the 505
request, or felonious sexual penetration in violation of former 506
section 2907.12 of the Revised Code;507

       (b) A violation of an existing or former law of this state, 508
any other state, or the United States that is substantially 509
equivalent to any of the offenses listed in division (A)(4)(a) of 510
this section.511

       (5) Upon receipt of a request pursuant to section 5104.012 or 512
5104.013 of the Revised Code, a completed form prescribed pursuant 513
to division (C)(1) of this section, and a set of fingerprint 514
impressions obtained in the manner described in division (C)(2) of 515
this section, the superintendent of the bureau of criminal 516
identification and investigation shall conduct a criminal records 517
check in the manner described in division (B) of this section to 518
determine whether any information exists that indicates that the 519
person who is the subject of the request has been convicted of or 520
pleaded guilty to any of the following:521

       (a) A violation of section 2903.01, 2903.02, 2903.03, 522
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22, 523
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 524
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 525
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 526
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04, 527
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 528
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 529
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12, 530
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12, 531
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 532
3716.11 of the Revised Code, felonious sexual penetration in 533
violation of former section 2907.12 of the Revised Code, a 534
violation of section 2905.04 of the Revised Code as it existed 535
prior to July 1, 1996, a violation of section 2919.23 of the 536
Revised Code that would have been a violation of section 2905.04 537
of the Revised Code as it existed prior to July 1, 1996, had the 538
violation been committed prior to that date, a violation of 539
section 2925.11 of the Revised Code that is not a minor drug 540
possession offense, a violation of section 2923.02 or 2923.03 of 541
the Revised Code that relates to a crime specified in this 542
division, or a second violation of section 4511.19 of the Revised 543
Code within five years of the date of application for licensure or 544
certification.545

       (b) A violation of an existing or former law of this state, 546
any other state, or the United States that is substantially 547
equivalent to any of the offenses or violations described in 548
division (A)(5)(a) of this section.549

       (6) Upon receipt of a request pursuant to section 5153.111 of 550
the Revised Code, a completed form prescribed pursuant to division 551
(C)(1) of this section, and a set of fingerprint impressions 552
obtained in the manner described in division (C)(2) of this 553
section, the superintendent of the bureau of criminal 554
identification and investigation shall conduct a criminal records 555
check in the manner described in division (B) of this section to 556
determine whether any information exists that indicates that the 557
person who is the subject of the request previously has been 558
convicted of or pleaded guilty to any of the following:559

       (a) A violation of section 2903.01, 2903.02, 2903.03, 560
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 561
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 562
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 563
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 564
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 565
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 566
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, 567
felonious sexual penetration in violation of former section 568
2907.12 of the Revised Code, a violation of section 2905.04 of the 569
Revised Code as it existed prior to July 1, 1996, a violation of 570
section 2919.23 of the Revised Code that would have been a 571
violation of section 2905.04 of the Revised Code as it existed 572
prior to July 1, 1996, had the violation been committed prior to 573
that date, or a violation of section 2925.11 of the Revised Code 574
that is not a minor drug possession offense;575

       (b) A violation of an existing or former law of this state, 576
any other state, or the United States that is substantially 577
equivalent to any of the offenses listed in division (A)(6)(a) of 578
this section.579

       (7) On receipt of a request for a criminal records check from 580
an individual pursuant to section 4749.03 or 4749.06 of the 581
Revised Code, accompanied by a completed copy of the form 582
prescribed in division (C)(1) of this section and a set of 583
fingerprint impressions obtained in a manner described in division 584
(C)(2) of this section, the superintendent of the bureau of 585
criminal identification and investigation shall conduct a criminal 586
records check in the manner described in division (B) of this 587
section to determine whether any information exists indicating 588
that the person who is the subject of the request has been 589
convicted of or pleaded guilty to a felony in this state or in any 590
other state. If the individual indicates that a firearm will be 591
carried in the course of business, the superintendent shall 592
require information from the federal bureau of investigation as 593
described in division (B)(2) of this section. Subject to division 594
(F) of this section, the superintendent shall report the findings 595
of the criminal records check and any information the federal 596
bureau of investigation provides to the director of public safety.597

       (8) On receipt of a request pursuant to section 1321.37, 598
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised 599
Code, a completed form prescribed pursuant to division (C)(1) of 600
this section, and a set of fingerprint impressions obtained in the 601
manner described in division (C)(2) of this section, the 602
superintendent of the bureau of criminal identification and 603
investigation shall conduct a criminal records check with respect 604
to any person who has applied for a license, permit, or 605
certification from the department of commerce or a division in the 606
department. The superintendent shall conduct the criminal records 607
check in the manner described in division (B) of this section to 608
determine whether any information exists that indicates that the 609
person who is the subject of the request previously has been 610
convicted of or pleaded guilty to any of the following: a 611
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or 612
2925.03 of the Revised Code; any other criminal offense involving 613
theft, receiving stolen property, embezzlement, forgery, fraud, 614
passing bad checks, money laundering, or drug trafficking, or any 615
criminal offense involving money or securities, as set forth in 616
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of 617
the Revised Code; or any existing or former law of this state, any 618
other state, or the United States that is substantially equivalent 619
to those offenses.620

       (9) On receipt of a request for a criminal records check from 621
the treasurer of state under section 113.041 of the Revised Code 622
or from an individual under section 4701.08, 4715.101, 4717.061, 623
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 624
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296, 625
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4755.70, 626
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 627
4762.06, 4776.021, 4779.091, or 4783.04 of the Revised Code, 628
accompanied by a completed form prescribed under division (C)(1) 629
of this section and a set of fingerprint impressions obtained in 630
the manner described in division (C)(2) of this section, the 631
superintendent of the bureau of criminal identification and 632
investigation shall conduct a criminal records check in the manner 633
described in division (B) of this section to determine whether any 634
information exists that indicates that the person who is the 635
subject of the request has been convicted of or pleaded guilty to 636
any criminal offense in this state or any other state. Subject to 637
division (F) of this section, the superintendent shall send the 638
results of a check requested under section 113.041 of the Revised 639
Code to the treasurer of state and shall send the results of a 640
check requested under any of the other listed sections to the 641
licensing board specified by the individual in the request.642

       (10) On receipt of a request pursuant to section 1121.23, 643
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised 644
Code, a completed form prescribed pursuant to division (C)(1) of 645
this section, and a set of fingerprint impressions obtained in the 646
manner described in division (C)(2) of this section, the 647
superintendent of the bureau of criminal identification and 648
investigation shall conduct a criminal records check in the manner 649
described in division (B) of this section to determine whether any 650
information exists that indicates that the person who is the 651
subject of the request previously has been convicted of or pleaded 652
guilty to any criminal offense under any existing or former law of 653
this state, any other state, or the United States.654

       (11) On receipt of a request for a criminal records check 655
from an appointing or licensing authority under section 3772.07 of 656
the Revised Code, a completed form prescribed under division 657
(C)(1) of this section, and a set of fingerprint impressions 658
obtained in the manner prescribed in division (C)(2) of this 659
section, the superintendent of the bureau of criminal 660
identification and investigation shall conduct a criminal records 661
check in the manner described in division (B) of this section to 662
determine whether any information exists that indicates that the 663
person who is the subject of the request previously has been 664
convicted of or pleaded guilty or no contest to any offense under 665
any existing or former law of this state, any other state, or the 666
United States that is a disqualifying offense as defined in 667
section 3772.07 of the Revised Code or substantially equivalent to 668
such an offense.669

       (12) On receipt of a request pursuant to section 2151.33 or 670
2151.412 of the Revised Code, a completed form prescribed pursuant 671
to division (C)(1) of this section, and a set of fingerprint 672
impressions obtained in the manner described in division (C)(2) of 673
this section, the superintendent of the bureau of criminal 674
identification and investigation shall conduct a criminal records 675
check with respect to any person for whom a criminal records check 676
is required by that section. The superintendent shall conduct the 677
criminal records check in the manner described in division (B) of 678
this section to determine whether any information exists that 679
indicates that the person who is the subject of the request 680
previously has been convicted of or pleaded guilty to any of the 681
following:682

       (a) A violation of section 2903.01, 2903.02, 2903.03, 683
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 684
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 685
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 686
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 687
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 688
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 689
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 690
2925.22, 2925.23, or 3716.11 of the Revised Code;691

       (b) An existing or former law of this state, any other state, 692
or the United States that is substantially equivalent to any of 693
the offenses listed in division (A)(12)(a) of this section.694

       (B) Subject to division (F) of this section, the 695
superintendent shall conduct any criminal records check to be 696
conducted under this section as follows:697

       (1) The superintendent shall review or cause to be reviewed 698
any relevant information gathered and compiled by the bureau under 699
division (A) of section 109.57 of the Revised Code that relates to 700
the person who is the subject of the criminal records check, 701
including, if the criminal records check was requested under 702
section 113.041, 121.08, 173.27, 173.38, 1121.23, 1155.03, 703
1163.05, 1315.141, 1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 704
1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 705
3712.09, 3721.121, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012, 706
5104.013, 5164.34, 5164.341, 5164.342, 5123.081, 5123.169, or 707
5153.111 of the Revised Code, any relevant information contained 708
in records that have been sealed under section 2953.32 of the 709
Revised Code;710

       (2) If the request received by the superintendent asks for 711
information from the federal bureau of investigation, the 712
superintendent shall request from the federal bureau of 713
investigation any information it has with respect to the person 714
who is the subject of the criminal records check, including 715
fingerprint-based checks of national crime information databases 716
as described in 42 U.S.C. 671 if the request is made pursuant to 717
section 2151.86, 5104.012, or 5104.013 of the Revised Code or if 718
any other Revised Code section requires fingerprint-based checks 719
of that nature, and shall review or cause to be reviewed any 720
information the superintendent receives from that bureau. If a 721
request under section 3319.39 of the Revised Code asks only for 722
information from the federal bureau of investigation, the 723
superintendent shall not conduct the review prescribed by division 724
(B)(1) of this section.725

        (3) The superintendent or the superintendent's designee may 726
request criminal history records from other states or the federal 727
government pursuant to the national crime prevention and privacy 728
compact set forth in section 109.571 of the Revised Code.729

       (4) The superintendent shall include in the results of the 730
criminal records check a list or description of the offenses 731
listed or described in division (A)(1), (2), (3), (4), (5), (6), 732
(7), (8), (9), (10), (11), or (12) of this section, whichever 733
division requires the superintendent to conduct the criminal 734
records check. The superintendent shall exclude from the results 735
any information the dissemination of which is prohibited by 736
federal law.737

       (5) The superintendent shall send the results of the criminal 738
records check to the person to whom it is to be sent not later 739
than the following number of days after the date the 740
superintendent receives the request for the criminal records 741
check, the completed form prescribed under division (C)(1) of this 742
section, and the set of fingerprint impressions obtained in the 743
manner described in division (C)(2) of this section:744

       (a) If the superintendent is required by division (A) of this 745
section (other than division (A)(3) of this section) to conduct 746
the criminal records check, thirty;747

       (b) If the superintendent is required by division (A)(3) of 748
this section to conduct the criminal records check, sixty.749

       (C)(1) The superintendent shall prescribe a form to obtain 750
the information necessary to conduct a criminal records check from 751
any person for whom a criminal records check is to be conducted 752
under this section. The form that the superintendent prescribes 753
pursuant to this division may be in a tangible format, in an 754
electronic format, or in both tangible and electronic formats.755

       (2) The superintendent shall prescribe standard impression 756
sheets to obtain the fingerprint impressions of any person for 757
whom a criminal records check is to be conducted under this 758
section. Any person for whom a records check is to be conducted 759
under this section shall obtain the fingerprint impressions at a 760
county sheriff's office, municipal police department, or any other 761
entity with the ability to make fingerprint impressions on the 762
standard impression sheets prescribed by the superintendent. The 763
office, department, or entity may charge the person a reasonable 764
fee for making the impressions. The standard impression sheets the 765
superintendent prescribes pursuant to this division may be in a 766
tangible format, in an electronic format, or in both tangible and 767
electronic formats.768

       (3) Subject to division (D) of this section, the 769
superintendent shall prescribe and charge a reasonable fee for 770
providing a criminal records check under this section. The person 771
requesting the criminal records check shall pay the fee prescribed 772
pursuant to this division. In the case of a request under section 773
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33, 774
2151.412, or 5164.34 of the Revised Code, the fee shall be paid in 775
the manner specified in that section.776

       (4) The superintendent of the bureau of criminal 777
identification and investigation may prescribe methods of 778
forwarding fingerprint impressions and information necessary to 779
conduct a criminal records check, which methods shall include, but 780
not be limited to, an electronic method.781

       (D) The results of a criminal records check conducted under 782
this section, other than a criminal records check specified in 783
division (A)(7) of this section, are valid for the person who is 784
the subject of the criminal records check for a period of one year 785
from the date upon which the superintendent completes the criminal 786
records check. If during that period the superintendent receives 787
another request for a criminal records check to be conducted under 788
this section for that person, the superintendent shall provide the 789
results from the previous criminal records check of the person at 790
a lower fee than the fee prescribed for the initial criminal 791
records check.792

       (E) When the superintendent receives a request for 793
information from a registered private provider, the superintendent 794
shall proceed as if the request was received from a school 795
district board of education under section 3319.39 of the Revised 796
Code. The superintendent shall apply division (A)(1)(c) of this 797
section to any such request for an applicant who is a teacher.798

       (F)(1) All information regarding the results of a criminal 799
records check conducted under this section that the superintendent 800
reports or sends under division (A)(7) or (9) of this section to 801
the director of public safety, the treasurer of state, or the 802
person, board, or entity that made the request for the criminal 803
records check shall relate to the conviction of the subject 804
person, or the subject person's plea of guilty to, a criminal 805
offense.806

       (2) Division (F)(1) of this section does not limit, restrict, 807
or preclude the superintendent's release of information that 808
relates to an adjudication of a child as a delinquent child, or 809
that relates to a criminal conviction of a person under eighteen 810
years of age if the person's case was transferred back to a 811
juvenile court under division (B)(2) or (3) of section 2152.121 of 812
the Revised Code and the juvenile court imposed a disposition or 813
serious youthful offender disposition upon the person under either 814
division, if either of the following applies with respect to the 815
adjudication or conviction:816

       (a) The adjudication or conviction was for a violation of 817
section 2903.01 or 2903.02 of the Revised Code.818

       (b) The adjudication or conviction was for a sexually 819
oriented offense, as defined in section 2950.01 of the Revised 820
Code, the juvenile court was required to classify the child a 821
juvenile offender registrant for that offense under section 822
2152.82, 2152.83, or 2152.86 of the Revised Code, and that 823
classification has not been removed.824

       (G) As used in this section:825

       (1) "Criminal records check" means any criminal records check 826
conducted by the superintendent of the bureau of criminal 827
identification and investigation in accordance with division (B) 828
of this section.829

       (2) "Minor drug possession offense" has the same meaning as 830
in section 2925.01 of the Revised Code.831

       (3) "OVI or OVUAC violation" means a violation of section 832
4511.19 of the Revised Code or a violation of an existing or 833
former law of this state, any other state, or the United States 834
that is substantially equivalent to section 4511.19 of the Revised 835
Code.836

       (4) "Registered private provider" means a nonpublic school or 837
entity registered with the superintendent of public instruction 838
under section 3310.41 of the Revised Code to participate in the 839
autism scholarship program or section 3310.58 of the Revised Code 840
to participate in the Jon Peterson special needs scholarship 841
program.842

       Sec. 109.5721. (A) As used in this section:843

       (1) "Employment" includes volunteer service.844

       (2) "Licensure" means the authorization, evidenced by a 845
license, certificate, registration, permit, or other authority 846
that is issued or conferred by a public office, to engage in a 847
profession, occupation, or occupational activity, to be a foster 848
caregiver, or to have control of and operate certain specific 849
equipment, machinery, or premises over which a public office has 850
jurisdiction.851

       (3) "Participating public office" means a public office that 852
requires a fingerprint background check as a condition of 853
employment with, licensure by, or approval for adoption by the 854
public office and that elects to receive notice under division (C) 855
of this section in accordance with rules adopted by the attorney 856
general.857

       (4) "Public office" has the same meaning as in section 117.01 858
of the Revised Code.859

       (5) "Participating private party" means any person or private 860
entity that is allowed to request a criminal records check 861
pursuant to divisions (A)(2) or (3) of section 109.572 of the 862
Revised Code.863

       (B) Within six months after August 15, 2007, the 864
superintendent of the bureau of criminal identification and 865
investigation shall establish and maintain a database of 866
fingerprints of individuals on whom the bureau has conducted 867
criminal records checks for the purpose of determining eligibility 868
for employment with, licensure by, or approval for adoption by a 869
public office or participating private party. The superintendent 870
shall maintain the database separate and apart from other records 871
maintained by the bureau. The database shall be known as the 872
retained applicant fingerprint database.873

       (C) When the superintendent receives information that an 874
individual whose name is in the retained applicant fingerprint 875
database has been arrested for, convicted of, or pleaded guilty to 876
any offense, the superintendent shall promptly notify any 877
participating public office or participating private party that 878
employs, licensed, or approved the individual of the arrest, 879
conviction, or guilty plea. The public office or participating 880
private party that receives the notification and its employees and 881
officers shall use the information contained in the notification 882
solely to determine the individual's eligibility for continued 883
employment with the public office or participating private party, 884
to retain licensure issued by the public office, or to be approved 885
for adoption by the public office. The public office or 886
participating private party and its employees and officers shall 887
not disclose that information to any person for any other purpose.888

       (D) If an individual has submitted fingerprint impressions 889
for employment with, licensure by, or approval for adoption by a 890
participating public office or participating private party and 891
seeks employment with, licensure by, or approval for adoption by 892
another participating public office or participating private 893
party, the other public office or participating private party894
shall reprint the individual. If an individual has been reprinted, 895
the superintendent shall update that individual's information 896
accordingly.897

       (E) The bureau of criminal identification and investigation 898
and the participating public office or participating private party899
shall use information contained in the retained applicant 900
fingerprint database and in the notice described in division (C) 901
of this section for the purpose of employment with, licensure by, 902
or approval for adoption by the participating public office or 903
participating private party. This information is otherwise 904
confidential and not a public record under section 149.43 of the 905
Revised Code.906

       (F) The attorney general shall adopt rules in accordance with 907
Chapter 119. of the Revised Code governing the operation and 908
maintenance of the database. The rules shall provide for, but not 909
be limited to, both of the following:910

       (1) The expungement or sealing of records of individuals who 911
are deceased or who are no longer employed, granted licensure, or 912
approved for adoption by the public office or participating 913
private party that required submission of the individual's 914
fingerprints;915

       (2) The terms under which a public office or participating 916
private party may elect to receive notification under division (C) 917
of this section, including payment of any reasonable fee that may 918
be charged for the purpose.919

       (G) No public office or employee of a public office shall be 920
considered negligent in a civil action solely because the public 921
office did not elect to be a participating public office.922

       (H)(1) No person shall knowingly use information contained in 923
or received from the retained applicant fingerprint database for 924
purposes not authorized by this section.925

       (2) No person shall knowingly use information contained in or 926
received from the retained applicant fingerprint database with the 927
intent to harass or intimidate another person.928

       (3) Whoever violates division (H)(1) or (H)(2) of this 929
section is guilty of unlawful use of retained applicant 930
fingerprint database records. A violation of division (H)(1) of 931
this section is a misdemeanor of the fourth degree. A violation of 932
division (H)(2) of this section is a misdemeanor of the first 933
degree.934

       Sec. 111.15.  (A) As used in this section:935

       (1) "Rule" includes any rule, regulation, bylaw, or standard 936
having a general and uniform operation adopted by an agency under 937
the authority of the laws governing the agency; any appendix to a 938
rule; and any internal management rule. "Rule" does not include 939
any guideline adopted pursuant to section 3301.0714 of the Revised 940
Code, any order respecting the duties of employees, any finding, 941
any determination of a question of law or fact in a matter 942
presented to an agency, or any rule promulgated pursuant to 943
Chapter 119., section 4141.14, division (C)(1) or (2) of section 944
5117.02, or section 5703.14 of the Revised Code. "Rule" includes 945
any amendment or rescission of a rule.946

       (2) "Agency" means any governmental entity of the state and 947
includes, but is not limited to, any board, department, division, 948
commission, bureau, society, council, institution, state college 949
or university, community college district, technical college 950
district, or state community college. "Agency" does not include 951
the general assembly, the controlling board, the adjutant 952
general's department, or any court.953

       (3) "Internal management rule" means any rule, regulation, 954
bylaw, or standard governing the day-to-day staff procedures and 955
operations within an agency.956

       (4) "Substantive revision" has the same meaning as in 957
division (J) of section 119.01 of the Revised Code.958

       (B)(1) Any rule, other than a rule of an emergency nature, 959
adopted by any agency pursuant to this section shall be effective 960
on the tenth day after the day on which the rule in final form and 961
in compliance with division (B)(3) of this section is filed as 962
follows:963

       (a) The rule shall be filed in electronic form with both the 964
secretary of state and the director of the legislative service 965
commission;966

       (b) The rule shall be filed in electronic form with the joint 967
committee on agency rule review. Division (B)(1)(b) of this 968
section does not apply to any rule to which division (D) of this 969
section does not apply.970

       An agency that adopts or amends a rule that is subject to 971
division (D) of this section shall assign a review date to the 972
rule that is not later than five years after its effective date. 973
If no review date is assigned to a rule, or if a review date 974
assigned to a rule exceeds the five-year maximum, the review date 975
for the rule is five years after its effective date. A rule with a 976
review date is subject to review under section 119.032 of the 977
Revised Code. This paragraph does not apply to a rule of a state 978
college or university, community college district, technical 979
college district, or state community college.980

       If all filings are not completed on the same day, the rule 981
shall be effective on the tenth day after the day on which the 982
latest filing is completed. If an agency in adopting a rule 983
designates an effective date that is later than the effective date 984
provided for by division (B)(1) of this section, the rule if filed 985
as required by such division shall become effective on the later 986
date designated by the agency.987

       Any rule that is required to be filed under division (B)(1) 988
of this section is also subject to division (D) of this section if 989
not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), or 990
(8) of this section.991

       If a rule incorporates a text or other material by reference, 992
the agency shall comply with sections 121.71 to 121.76 of the 993
Revised Code.994

       (2) A rule of an emergency nature necessary for the immediate 995
preservation of the public peace, health, or safety shall state 996
the reasons for the necessity. The emergency rule, in final form 997
and in compliance with division (B)(3) of this section, shall be 998
filed in electronic form with the secretary of state, the director 999
of the legislative service commission, and the joint committee on 1000
agency rule review. The emergency rule is effective immediately 1001
upon completion of the latest filing, except that if the agency in 1002
adopting the emergency rule designates an effective date, or date 1003
and time of day, that is later than the effective date and time 1004
provided for by division (B)(2) of this section, the emergency 1005
rule if filed as required by such division shall become effective 1006
at the later date, or later date and time of day, designated by 1007
the agency.1008

       An emergency rule becomes invalid at the end of the ninetieth1009
one hundred twentieth day it is in effect. Prior to that date, the 1010
agency may file the emergency rule as a nonemergency rule in 1011
compliance with division (B)(1) of this section. The agency may 1012
not refile the emergency rule in compliance with division (B)(2) 1013
of this section so that, upon the emergency rule becoming invalid 1014
under such division, the emergency rule will continue in effect 1015
without interruption for another ninety-dayone hundred twenty-day1016
period.1017

       (3) An agency shall file a rule under division (B)(1) or (2) 1018
of this section in compliance with the following standards and 1019
procedures:1020

       (a) The rule shall be numbered in accordance with the 1021
numbering system devised by the director for the Ohio 1022
administrative code.1023

       (b) The rule shall be prepared and submitted in compliance 1024
with the rules of the legislative service commission.1025

       (c) The rule shall clearly state the date on which it is to 1026
be effective and the date on which it will expire, if known.1027

       (d) Each rule that amends or rescinds another rule shall 1028
clearly refer to the rule that is amended or rescinded. Each 1029
amendment shall fully restate the rule as amended.1030

       If the director of the legislative service commission or the 1031
director's designee gives an agency notice pursuant to section 1032
103.05 of the Revised Code that a rule filed by the agency is not 1033
in compliance with the rules of the legislative service 1034
commission, the agency shall within thirty days after receipt of 1035
the notice conform the rule to the rules of the commission as 1036
directed in the notice.1037

       (C) All rules filed pursuant to divisions (B)(1)(a) and (2) 1038
of this section shall be recorded by the secretary of state and 1039
the director under the title of the agency adopting the rule and 1040
shall be numbered according to the numbering system devised by the 1041
director. The secretary of state and the director shall preserve 1042
the rules in an accessible manner. Each such rule shall be a 1043
public record open to public inspection and may be transmitted to 1044
any law publishing company that wishes to reproduce it.1045

       (D) At least sixty-five days before a board, commission, 1046
department, division, or bureau of the government of the state 1047
files a rule under division (B)(1) of this section, it shall file 1048
the full text of the proposed rule in electronic form with the 1049
joint committee on agency rule review, and the proposed rule is 1050
subject to legislative review and invalidation under division (I) 1051
of section 119.03 of the Revised Code. If a state board, 1052
commission, department, division, or bureau makes a substantive 1053
revision in a proposed rule after it is filed with the joint 1054
committee, the state board, commission, department, division, or 1055
bureau shall promptly file the full text of the proposed rule in 1056
its revised form in electronic form with the joint committee. The 1057
latest version of a proposed rule as filed with the joint 1058
committee supersedes each earlier version of the text of the same 1059
proposed rule. A state board, commission, department, division, or 1060
bureau shall also file the rule summary and fiscal analysis 1061
prepared under section 127.18 of the Revised Code in electronic 1062
form along with a proposed rule, and along with a proposed rule in 1063
revised form, that is filed under this division. If a proposed 1064
rule has an adverse impact on businesses, the state board, 1065
commission, department, division, or bureau also shall file the 1066
business impact analysis, any recommendations received from the 1067
common sense initiative office, and the associated memorandum of 1068
response, if any, in electronic form along with the proposed rule, 1069
or the proposed rule in revised form, that is filed under this 1070
division.1071

       As used in this division, "commission" includes the public 1072
utilities commission when adopting rules under a federal or state 1073
statute.1074

       This division does not apply to any of the following:1075

       (1) A proposed rule of an emergency nature;1076

       (2) A rule proposed under section 1121.05, 1121.06, 1155.18, 1077
1163.22, 1349.33, 1707.201, 1733.412, 4123.29, 4123.34, 4123.341, 1078
4123.342, 4123.40, 4123.411, 4123.44, or 4123.442 of the Revised 1079
Code;1080

       (3) A rule proposed by an agency other than a board, 1081
commission, department, division, or bureau of the government of 1082
the state;1083

       (4) A proposed internal management rule of a board, 1084
commission, department, division, or bureau of the government of 1085
the state;1086

       (5) Any proposed rule that must be adopted verbatim by an 1087
agency pursuant to federal law or rule, to become effective within 1088
sixty days of adoption, in order to continue the operation of a 1089
federally reimbursed program in this state, so long as the 1090
proposed rule contains both of the following:1091

       (a) A statement that it is proposed for the purpose of 1092
complying with a federal law or rule;1093

       (b) A citation to the federal law or rule that requires 1094
verbatim compliance.1095

       (6) An initial rule proposed by the director of health to 1096
impose safety standards and quality-of-care standards with respect 1097
to a health service specified in section 3702.11 of the Revised 1098
Code, or an initial rule proposed by the director to impose 1099
quality standards on a facility listed in division (A)(4) of 1100
section 3702.30 of the Revised Code, if section 3702.12 of the 1101
Revised Code requires that the rule be adopted under this section;1102

       (7) A rule of the state lottery commission pertaining to 1103
instant game rules.1104

       If a rule is exempt from legislative review under division 1105
(D)(5) of this section, and if the federal law or rule pursuant to 1106
which the rule was adopted expires, is repealed or rescinded, or 1107
otherwise terminates, the rule is thereafter subject to 1108
legislative review under division (D) of this section.1109

       (E) Whenever a state board, commission, department, division, 1110
or bureau files a proposed rule or a proposed rule in revised form 1111
under division (D) of this section, it shall also file the full 1112
text of the same proposed rule or proposed rule in revised form in 1113
electronic form with the secretary of state and the director of 1114
the legislative service commission. A state board, commission, 1115
department, division, or bureau shall file the rule summary and 1116
fiscal analysis prepared under section 127.18 of the Revised Code 1117
in electronic form along with a proposed rule or proposed rule in 1118
revised form that is filed with the secretary of state or the 1119
director of the legislative service commission.1120

       Sec. 119.03.  In the adoption, amendment, or rescission of 1121
any rule, an agency shall comply with the following procedure:1122

       (A) Reasonable public notice shall be given in the register 1123
of Ohio at least thirty days prior to the date set for a hearing, 1124
in the form the agency determines. The agency shall file copies of 1125
the public notice under division (B) of this section. (The agency 1126
gives public notice in the register of Ohio when the public notice 1127
is published in the register under that division.)1128

       The public notice shall include:1129

       (1) A statement of the agency's intention to consider 1130
adopting, amending, or rescinding a rule;1131

       (2) A synopsis of the proposed rule, amendment, or rule to be 1132
rescinded or a general statement of the subject matter to which 1133
the proposed rule, amendment, or rescission relates;1134

       (3) A statement of the reason or purpose for adopting, 1135
amending, or rescinding the rule;1136

       (4) The date, time, and place of a hearing on the proposed 1137
action, which shall be not earlier than the thirty-first nor later 1138
than the fortieth day after the proposed rule, amendment, or 1139
rescission is filed under division (B) of this section.1140

       In addition to public notice given in the register of Ohio, 1141
the agency may give whatever other notice it reasonably considers 1142
necessary to ensure notice constructively is given to all persons 1143
who are subject to or affected by the proposed rule, amendment, or 1144
rescission.1145

       The agency shall provide a copy of the public notice required 1146
under division (A) of this section to any person who requests it 1147
and pays a reasonable fee, not to exceed the cost of copying and 1148
mailing.1149

       (B) The full text of the proposed rule, amendment, or rule to 1150
be rescinded, accompanied by the public notice required under 1151
division (A) of this section, shall be filed in electronic form 1152
with the secretary of state and with the director of the 1153
legislative service commission. (If in compliance with this 1154
division an agency files more than one proposed rule, amendment, 1155
or rescission at the same time, and has prepared a public notice 1156
under division (A) of this section that applies to more than one 1157
of the proposed rules, amendments, or rescissions, the agency 1158
shall file only one notice with the secretary of state and with 1159
the director for all of the proposed rules, amendments, or 1160
rescissions to which the notice applies.) The proposed rule, 1161
amendment, or rescission and public notice shall be filed as 1162
required by this division at least sixty-five days prior to the 1163
date on which the agency, in accordance with division (D) of this 1164
section, issues an order adopting the proposed rule, amendment, or 1165
rescission.1166

       If the proposed rule, amendment, or rescission incorporates a 1167
text or other material by reference, the agency shall comply with 1168
sections 121.71 to 121.76 of the Revised Code.1169

       The proposed rule, amendment, or rescission shall be 1170
available for at least thirty days prior to the date of the 1171
hearing at the office of the agency in printed or other legible 1172
form without charge to any person affected by the proposal. 1173
Failure to furnish such text to any person requesting it shall not 1174
invalidate any action of the agency in connection therewith.1175

       If the agency files a substantive revision in the text of the 1176
proposed rule, amendment, or rescission under division (H) of this 1177
section, it shall also promptly file the full text of the proposed 1178
rule, amendment, or rescission in its revised form in electronic 1179
form with the secretary of state and with the director of the 1180
legislative service commission.1181

       The agency shall file the rule summary and fiscal analysis 1182
prepared under section 127.18 of the Revised Code in electronic 1183
form along with a proposed rule, amendment, or rescission or 1184
proposed rule, amendment, or rescission in revised form that is 1185
filed with the secretary of state or the director of the 1186
legislative service commission.1187

       The director of the legislative service commission shall 1188
publish in the register of Ohio the full text of the original and 1189
each revised version of a proposed rule, amendment, or rescission; 1190
the full text of a public notice; and the full text of a rule 1191
summary and fiscal analysis that is filed with the director under 1192
this division.1193

       (C) On the date and at the time and place designated in the 1194
notice, the agency shall conduct a public hearing at which any 1195
person affected by the proposed action of the agency may appear 1196
and be heard in person, by the person's attorney, or both, may 1197
present the person's position, arguments, or contentions, orally 1198
or in writing, offer and examine witnesses, and present evidence 1199
tending to show that the proposed rule, amendment, or rescission, 1200
if adopted or effectuated, will be unreasonable or unlawful. An 1201
agency may permit persons affected by the proposed rule, 1202
amendment, or rescission to present their positions, arguments, or 1203
contentions in writing, not only at the hearing, but also for a 1204
reasonable period before, after, or both before and after the 1205
hearing. A person who presents a position or arguments or 1206
contentions in writing before or after the hearing is not required 1207
to appear at the hearing.1208

       At the hearing, the testimony shall be recorded. Such record 1209
shall be made at the expense of the agency. The agency is required 1210
to transcribe a record that is not sight readable only if a person 1211
requests transcription of all or part of the record and agrees to 1212
reimburse the agency for the costs of the transcription. An agency 1213
may require the person to pay in advance all or part of the cost 1214
of the transcription.1215

       In any hearing under this section the agency may administer 1216
oaths or affirmations.1217

       (D) After complying with divisions (A), (B), (C), and (H) of 1218
this section, and when the time for legislative review and 1219
invalidation under division (I) of this section has expired, the 1220
agency may issue an order adopting the proposed rule or the 1221
proposed amendment or rescission of the rule, consistent with the 1222
synopsis or general statement included in the public notice. At 1223
that time the agency shall designate the effective date of the 1224
rule, amendment, or rescission, which shall not be earlier than 1225
the tenth day after the rule, amendment, or rescission has been 1226
filed in its final form as provided in section 119.04 of the 1227
Revised Code.1228

       (E) Prior to the effective date of a rule, amendment, or 1229
rescission, the agency shall make a reasonable effort to inform 1230
those affected by the rule, amendment, or rescission and to have 1231
available for distribution to those requesting it the full text of 1232
the rule as adopted or as amended.1233

       (F) If the governor, upon the request of an agency, 1234
determines that an emergency requires the immediate adoption, 1235
amendment, or rescission of a rule, the governor shall issue an 1236
order, the text of which shall be filed in electronic form with 1237
the agency, the secretary of state, the director of the 1238
legislative service commission, and the joint committee on agency 1239
rule review, that the procedure prescribed by this section with 1240
respect to the adoption, amendment, or rescission of a specified 1241
rule is suspended. The agency may then adopt immediately the 1242
emergency rule, amendment, or rescission and it becomes effective 1243
on the date the rule, amendment, or rescission, in final form and 1244
in compliance with division (A)(2) of section 119.04 of the 1245
Revised Code, is filed in electronic form with the secretary of 1246
state, the director of the legislative service commission, and the 1247
joint committee on agency rule review. If all filings are not 1248
completed on the same day, the emergency rule, amendment, or 1249
rescission shall be effective on the day on which the latest 1250
filing is completed. The director shall publish the full text of 1251
the emergency rule, amendment, or rescission in the register of 1252
Ohio.1253

       The emergency rule, amendment, or rescission shall become 1254
invalid at the end of the ninetiethone hundred twentieth day it 1255
is in effect. Prior to that date the agency may adopt the 1256
emergency rule, amendment, or rescission as a nonemergency rule, 1257
amendment, or rescission by complying with the procedure 1258
prescribed by this section for the adoption, amendment, and 1259
rescission of nonemergency rules. The agency shall not use the 1260
procedure of this division to readopt the emergency rule, 1261
amendment, or rescission so that, upon the emergency rule, 1262
amendment, or rescission becoming invalid under this division, the 1263
emergency rule, amendment, or rescission will continue in effect 1264
without interruption for another ninety-dayone hundred twenty-day1265
period, except when division (I)(2)(a) of this section prevents 1266
the agency from adopting the emergency rule, amendment, or 1267
rescission as a nonemergency rule, amendment, or rescission within 1268
the ninety-dayone hundred twenty-day period.1269

       This division does not apply to the adoption of any emergency 1270
rule, amendment, or rescission by the tax commissioner under 1271
division (C)(2) of section 5117.02 of the Revised Code.1272

       (G) Rules adopted by an authority within the department of 1273
job and family services for the administration or enforcement of 1274
Chapter 4141. of the Revised Code or of the department of taxation 1275
shall be effective without a hearing as provided by this section 1276
if the statutes pertaining to such agency specifically give a 1277
right of appeal to the board of tax appeals or to a higher 1278
authority within the agency or to a court, and also give the 1279
appellant a right to a hearing on such appeal. This division does 1280
not apply to the adoption of any rule, amendment, or rescission by 1281
the tax commissioner under division (C)(1) or (2) of section 1282
5117.02 of the Revised Code, or deny the right to file an action 1283
for declaratory judgment as provided in Chapter 2721. of the 1284
Revised Code from the decision of the board of tax appeals or of 1285
the higher authority within such agency.1286

       (H) When any agency files a proposed rule, amendment, or 1287
rescission under division (B) of this section, it shall also file 1288
in electronic form with the joint committee on agency rule review 1289
the full text of the proposed rule, amendment, or rule to be 1290
rescinded in the same form and the public notice required under 1291
division (A) of this section. (If in compliance with this division 1292
an agency files more than one proposed rule, amendment, or 1293
rescission at the same time, and has given a public notice under 1294
division (A) of this section that applies to more than one of the 1295
proposed rules, amendments, or rescissions, the agency shall file 1296
only one notice with the joint committee for all of the proposed 1297
rules, amendments, or rescissions to which the notice applies.) If 1298
the agency makes a substantive revision in a proposed rule, 1299
amendment, or rescission after it is filed with the joint 1300
committee, the agency shall promptly file the full text of the 1301
proposed rule, amendment, or rescission in its revised form in 1302
electronic form with the joint committee. The latest version of a 1303
proposed rule, amendment, or rescission as filed with the joint 1304
committee supersedes each earlier version of the text of the same 1305
proposed rule, amendment, or rescission. An agency shall file the 1306
rule summary and fiscal analysis prepared under section 127.18 of 1307
the Revised Code in electronic form along with a proposed rule, 1308
amendment, or rescission, and along with a proposed rule, 1309
amendment, or rescission in revised form, that is filed under this 1310
division. If a proposed rule, amendment, or rescission has an 1311
adverse impact on businesses, the agency also shall file the 1312
business impact analysis, any recommendations received from the 1313
common sense initiative office, and the agency's memorandum of 1314
response, if any, in electronic form along with the proposed rule, 1315
amendment, or rescission, or along with the proposed rule, 1316
amendment, or rescission in revised form, that is filed under this 1317
division.1318

       This division does not apply to:1319

       (1) An emergency rule, amendment, or rescission;1320

       (2) Any proposed rule, amendment, or rescission that must be 1321
adopted verbatim by an agency pursuant to federal law or rule, to 1322
become effective within sixty days of adoption, in order to 1323
continue the operation of a federally reimbursed program in this 1324
state, so long as the proposed rule contains both of the 1325
following:1326

       (a) A statement that it is proposed for the purpose of 1327
complying with a federal law or rule;1328

       (b) A citation to the federal law or rule that requires 1329
verbatim compliance.1330

       If a rule or amendment is exempt from legislative review 1331
under division (H)(2) of this section, and if the federal law or 1332
rule pursuant to which the rule or amendment was adopted expires, 1333
is repealed or rescinded, or otherwise terminates, the rule or 1334
amendment, or its rescission, is thereafter subject to legislative 1335
review under division (H) of this section.1336

       (I)(1) The joint committee on agency rule review may 1337
recommend the adoption of a concurrent resolution invalidating a 1338
proposed rule, amendment, rescission, or part thereof if it finds 1339
any of the following:1340

       (a) That the rule-making agency has exceeded the scope of its 1341
statutory authority in proposing the rule, amendment, or 1342
rescission;1343

       (b) That the proposed rule, amendment, or rescission 1344
conflicts with another rule, amendment, or rescission adopted by 1345
the same or a different rule-making agency;1346

       (c) That the proposed rule, amendment, or rescission 1347
conflicts with the legislative intent in enacting the statute 1348
under which the rule-making agency proposed the rule, amendment, 1349
or rescission;1350

       (d) That the rule-making agency has failed to prepare a 1351
complete and accurate rule summary and fiscal analysis of the 1352
proposed rule, amendment, or rescission as required by section 1353
127.18 of the Revised Code;1354

       (e) That the proposed rule, amendment, or rescission 1355
incorporates a text or other material by reference and either the 1356
rule-making agency has failed to file the text or other material 1357
incorporated by reference as required by section 121.73 of the 1358
Revised Code or, in the case of a proposed rule or amendment, the 1359
incorporation by reference fails to meet the standards stated in 1360
section 121.72, 121.75, or 121.76 of the Revised Code;1361

       (f) That the rule-making agency has failed to demonstrate 1362
through the business impact analysis, recommendations from the 1363
common sense initiative office, and the memorandum of response the 1364
agency has filed under division (H) of this section that the 1365
regulatory intent of the proposed rule, amendment, or rescission 1366
justifies its adverse impact on businesses in this state.1367

       The joint committee shall not hold its public hearing on a 1368
proposed rule, amendment, or rescission earlier than the 1369
forty-first day after the original version of the proposed rule, 1370
amendment, or rescission was filed with the joint committee.1371

       The house of representatives and senate may adopt a 1372
concurrent resolution invalidating a proposed rule, amendment, 1373
rescission, or part thereof. The concurrent resolution shall state 1374
which of the specific rules, amendments, rescissions, or parts 1375
thereof are invalidated. A concurrent resolution invalidating a 1376
proposed rule, amendment, or rescission shall be adopted not later 1377
than the sixty-fifth day after the original version of the text of 1378
the proposed rule, amendment, or rescission is filed with the 1379
joint committee, except that if more than thirty-five days after 1380
the original version is filed the rule-making agency either files 1381
a revised version of the text of the proposed rule, amendment, or 1382
rescission, or revises the rule summary and fiscal analysis in 1383
accordance with division (I)(4) of this section, a concurrent 1384
resolution invalidating the proposed rule, amendment, or 1385
rescission shall be adopted not later than the thirtieth day after 1386
the revised version of the proposed rule or rule summary and 1387
fiscal analysis is filed. If, after the joint committee on agency 1388
rule review recommends the adoption of a concurrent resolution 1389
invalidating a proposed rule, amendment, rescission, or part 1390
thereof, the house of representatives or senate does not, within 1391
the time remaining for adoption of the concurrent resolution, hold 1392
five floor sessions at which its journal records a roll call vote 1393
disclosing a sufficient number of members in attendance to pass a 1394
bill, the time within which that house may adopt the concurrent 1395
resolution is extended until it has held five such floor sessions.1396

       Within five days after the adoption of a concurrent 1397
resolution invalidating a proposed rule, amendment, rescission, or 1398
part thereof, the clerk of the senate shall send the rule-making 1399
agency, the secretary of state, and the director of the 1400
legislative service commission in electronic form a certified text 1401
of the resolution together with a certification stating the date 1402
on which the resolution takes effect. The secretary of state and 1403
the director of the legislative service commission shall each note 1404
the invalidity of the proposed rule, amendment, rescission, or 1405
part thereof, and shall each remove the invalid proposed rule, 1406
amendment, rescission, or part thereof from the file of proposed 1407
rules. The rule-making agency shall not proceed to adopt in 1408
accordance with division (D) of this section, or to file in 1409
accordance with division (B)(1) of section 111.15 of the Revised 1410
Code, any version of a proposed rule, amendment, rescission, or 1411
part thereof that has been invalidated by concurrent resolution.1412

       Unless the house of representatives and senate adopt a 1413
concurrent resolution invalidating a proposed rule, amendment, 1414
rescission, or part thereof within the time specified by this 1415
division, the rule-making agency may proceed to adopt in 1416
accordance with division (D) of this section, or to file in 1417
accordance with division (B)(1) of section 111.15 of the Revised 1418
Code, the latest version of the proposed rule, amendment, or 1419
rescission as filed with the joint committee. If by concurrent 1420
resolution certain of the rules, amendments, rescissions, or parts 1421
thereof are specifically invalidated, the rule-making agency may 1422
proceed to adopt, in accordance with division (D) of this section, 1423
or to file in accordance with division (B)(1) of section 111.15 of 1424
the Revised Code, the latest version of the proposed rules, 1425
amendments, rescissions, or parts thereof as filed with the joint 1426
committee that are not specifically invalidated. The rule-making 1427
agency may not revise or amend any proposed rule, amendment, 1428
rescission, or part thereof that has not been invalidated except 1429
as provided in this chapter or in section 111.15 of the Revised 1430
Code.1431

       (2)(a) A proposed rule, amendment, or rescission that is 1432
filed with the joint committee under division (H) of this section 1433
or division (D) of section 111.15 of the Revised Code shall be 1434
carried over for legislative review to the next succeeding regular 1435
session of the general assembly if the original or any revised 1436
version of the proposed rule, amendment, or rescission is filed 1437
with the joint committee on or after the first day of December of 1438
any year.1439

       (b) The latest version of any proposed rule, amendment, or 1440
rescission that is subject to division (I)(2)(a) of this section, 1441
as filed with the joint committee, is subject to legislative 1442
review and invalidation in the next succeeding regular session of 1443
the general assembly in the same manner as if it were the original 1444
version of a proposed rule, amendment, or rescission that had been 1445
filed with the joint committee for the first time on the first day 1446
of the session. A rule-making agency shall not adopt in accordance 1447
with division (D) of this section, or file in accordance with 1448
division (B)(1) of section 111.15 of the Revised Code, any version 1449
of a proposed rule, amendment, or rescission that is subject to 1450
division (I)(2)(a) of this section until the time for legislative 1451
review and invalidation, as contemplated by division (I)(2)(b) of 1452
this section, has expired.1453

       (3) Invalidation of any version of a proposed rule, 1454
amendment, rescission, or part thereof by concurrent resolution 1455
shall prevent the rule-making agency from instituting or 1456
continuing proceedings to adopt any version of the same proposed 1457
rule, amendment, rescission, or part thereof for the duration of 1458
the general assembly that invalidated the proposed rule, 1459
amendment, rescission, or part thereof unless the same general 1460
assembly adopts a concurrent resolution permitting the rule-making 1461
agency to institute or continue such proceedings.1462

       The failure of the general assembly to invalidate a proposed 1463
rule, amendment, rescission, or part thereof under this section 1464
shall not be construed as a ratification of the lawfulness or 1465
reasonableness of the proposed rule, amendment, rescission, or any 1466
part thereof or of the validity of the procedure by which the 1467
proposed rule, amendment, rescission, or any part thereof was 1468
proposed or adopted.1469

       (4) In lieu of recommending a concurrent resolution to 1470
invalidate a proposed rule, amendment, rescission, or part thereof 1471
because the rule-making agency has failed to prepare a complete 1472
and accurate fiscal analysis, the joint committee on agency rule 1473
review may issue, on a one-time basis, for rules, amendments, 1474
rescissions, or parts thereof that have a fiscal effect on school 1475
districts, counties, townships, or municipal corporations, a 1476
finding that the rule summary and fiscal analysis is incomplete or 1477
inaccurate and order the rule-making agency to revise the rule 1478
summary and fiscal analysis and refile it with the proposed rule, 1479
amendment, rescission, or part thereof. If an emergency rule is 1480
filed as a nonemergency rule before the end of the ninetieth day 1481
of the emergency rule's effectiveness, and the joint committee 1482
issues a finding and orders the rule-making agency to refile under 1483
division (I)(4) of this section, the governor may also issue an 1484
order stating that the emergency rule shall remain in effect for 1485
an additional sixty days after the ninetiethone hundred twentieth1486
day of the emergency rule's effectiveness. The governor's orders 1487
shall be filed in accordance with division (F) of this section. 1488
The joint committee shall send in electronic form to the 1489
rule-making agency, the secretary of state, and the director of 1490
the legislative service commission a certified text of the finding 1491
and order to revise the rule summary and fiscal analysis, which 1492
shall take immediate effect.1493

       An order issued under division (I)(4) of this section shall 1494
prevent the rule-making agency from instituting or continuing 1495
proceedings to adopt any version of the proposed rule, amendment, 1496
rescission, or part thereof until the rule-making agency revises 1497
the rule summary and fiscal analysis and refiles it in electronic 1498
form with the joint committee along with the proposed rule, 1499
amendment, rescission, or part thereof. If the joint committee 1500
finds the rule summary and fiscal analysis to be complete and 1501
accurate, the joint committee shall issue a new order noting that 1502
the rule-making agency has revised and refiled a complete and 1503
accurate rule summary and fiscal analysis. The joint committee 1504
shall send in electronic form to the rule-making agency, the 1505
secretary of state, and the director of the legislative service 1506
commission a certified text of this new order. The secretary of 1507
state and the director of the legislative service commission shall 1508
each link this order to the proposed rule, amendment, rescission, 1509
or part thereof. The rule-making agency may then proceed to adopt 1510
in accordance with division (D) of this section, or to file in 1511
accordance with division (B)(1) of section 111.15 of the Revised 1512
Code, the proposed rule, amendment, rescission, or part thereof 1513
that was subject to the finding and order under division (I)(4) of 1514
this section. If the joint committee determines that the revised 1515
rule summary and fiscal analysis is still inaccurate or 1516
incomplete, the joint committee shall recommend the adoption of a 1517
concurrent resolution in accordance with division (I)(1) of this 1518
section.1519

       Sec. 119.12.  Any party adversely affected by any order of an 1520
agency issued pursuant to an adjudication denying an applicant 1521
admission to an examination, or denying the issuance or renewal of 1522
a license or registration of a licensee, or revoking or suspending 1523
a license, or allowing the payment of a forfeiture under section 1524
4301.252 of the Revised Code may appeal from the order of the 1525
agency to the court of common pleas of the county in which the 1526
place of business of the licensee is located or the county in 1527
which the licensee is a resident, except that appeals from 1528
decisions of the liquor control commission, the Ohio casino 1529
control commission, the state medical board, state chiropractic 1530
board, and the board of nursing shall be to the court of common 1531
pleas of Franklin county. If any party appealing from the order is 1532
not a resident of and has no place of business in this state, the 1533
party may appeal to the court of common pleas of Franklin county.1534

       Any party adversely affected by any order of an agency issued 1535
pursuant to any other adjudication may appeal to the court of 1536
common pleas of Franklin county, except that appeals from orders 1537
of the fire marshal issued under Chapter 3737. of the Revised Code 1538
may be to the court of common pleas of the county in which the 1539
building of the aggrieved person is located and except that 1540
appeals under division (B) of section 124.34 of the Revised Code 1541
from a decision of the state personnel board of review or a 1542
municipal or civil service township civil service commission shall 1543
be taken to the court of common pleas of the county in which the 1544
appointing authority is located or, in the case of an appeal by 1545
the department of rehabilitation and correction, to the court of 1546
common pleas of Franklin county.1547

       This section does not apply to appeals from the department of 1548
taxation.1549

       Any party desiring to appeal shall file a notice of appeal 1550
with the agency setting forth the order appealed from and stating 1551
that the agency's order is not supported by reliable, probative, 1552
and substantial evidence and is not in accordance with law. The 1553
notice of appeal may, but need not, set forth the specific grounds 1554
of the party's appeal beyond the statement that the agency's order 1555
is not supported by reliable, probative, and substantial evidence 1556
and is not in accordance with law. The notice of appeal shall also 1557
be filed by the appellant with the court. In filing a notice of 1558
appeal with the agency or court, the notice that is filed may be 1559
either the original notice or a copy of the original notice. 1560
Unless otherwise provided by law relating to a particular agency, 1561
notices of appeal shall be filed within fifteen days after the 1562
mailing of the notice of the agency's order as provided in this 1563
section. For purposes of this paragraph, an order includes a 1564
determination appealed pursuant to division (C) of section 119.092 1565
of the Revised Code. The amendments made to this paragraph by Sub. 1566
H.B. 215 of the 128th general assembly are procedural, and this 1567
paragraph as amended by those amendments shall be applied 1568
retrospectively to all appeals pursuant to this paragraph filed 1569
before the effective date of those amendmentsSeptember 13, 2010,1570
but not earlier than May 7, 2009, which was the date the supreme 1571
court of Ohio released its opinion and judgment in Medcorp, Inc. 1572
v. Ohio Dep't. of Job and Family Servs. (2009), 121 Ohio St.3d 1573
622.1574

       The filing of a notice of appeal shall not automatically 1575
operate as a suspension of the order of an agency. If it appears 1576
to the court that an unusual hardship to the appellant will result 1577
from the execution of the agency's order pending determination of 1578
the appeal, the court may grant a suspension and fix its terms. If 1579
an appeal is taken from the judgment of the court and the court 1580
has previously granted a suspension of the agency's order as 1581
provided in this section, the suspension of the agency's order 1582
shall not be vacated and shall be given full force and effect 1583
until the matter is finally adjudicated. No renewal of a license 1584
or permit shall be denied by reason of the suspended order during 1585
the period of the appeal from the decision of the court of common 1586
pleas. In the case of an appeal from the Ohio casino control 1587
commission, the state medical board, or the state chiropractic 1588
board, the court may grant a suspension and fix its terms if it 1589
appears to the court that an unusual hardship to the appellant 1590
will result from the execution of the agency's order pending 1591
determination of the appeal and the health, safety, and welfare of 1592
the public will not be threatened by suspension of the order. This 1593
provision shall not be construed to limit the factors the court 1594
may consider in determining whether to suspend an order of any 1595
other agency pending determination of an appeal.1596

       The final order of adjudication may apply to any renewal of a 1597
license or permit which has been granted during the period of the 1598
appeal.1599

       Notwithstanding any other provision of this section, any 1600
order issued by a court of common pleas or a court of appeals 1601
suspending the effect of an order of the liquor control commission 1602
issued pursuant to Chapter 4301. or 4303. of the Revised Code that 1603
suspends, revokes, or cancels a permit issued under Chapter 4303. 1604
of the Revised Code or that allows the payment of a forfeiture 1605
under section 4301.252 of the Revised Code shall terminate not 1606
more than six months after the date of the filing of the record of 1607
the liquor control commission with the clerk of the court of 1608
common pleas and shall not be extended. The court of common pleas, 1609
or the court of appeals on appeal, shall render a judgment in that 1610
matter within six months after the date of the filing of the 1611
record of the liquor control commission with the clerk of the 1612
court of common pleas. A court of appeals shall not issue an order 1613
suspending the effect of an order of the liquor control commission 1614
that extends beyond six months after the date on which the record 1615
of the liquor control commission is filed with a court of common 1616
pleas.1617

       Notwithstanding any other provision of this section, any 1618
order issued by a court of common pleas or a court of appeals 1619
suspending the effect of an order of the Ohio casino control 1620
commission issued under Chapter 3772. of the Revised Code that 1621
limits, conditions, restricts, suspends, revokes, denies, not 1622
renews, fines, or otherwise penalizes an applicant, licensee, or 1623
person excluded or ejected from a casino facility in accordance 1624
with section 3772.031 of the Revised Code shall terminate not more 1625
than six months after the date of the filing of the record of the 1626
Ohio casino control commission with the clerk of the court of 1627
common pleas and shall not be extended. The court of common pleas, 1628
or the court of appeals on appeal, shall render a judgment in that 1629
matter within six months after the date of the filing of the 1630
record of the Ohio casino control commission with the clerk of the 1631
court of common pleas. A court of appeals shall not issue an order 1632
suspending the effect of an order of the Ohio casino control 1633
commission that extends beyond six months after the date on which 1634
the record of the Ohio casino control commission is filed with the 1635
clerk of a court of common pleas.1636

       Notwithstanding any other provision of this section, any 1637
order issued by a court of common pleas suspending the effect of 1638
an order of the state medical board or state chiropractic board 1639
that limits, revokes, suspends, places on probation, or refuses to 1640
register or reinstate a certificate issued by the board or 1641
reprimands the holder of the certificate shall terminate not more 1642
than fifteen months after the date of the filing of a notice of 1643
appeal in the court of common pleas, or upon the rendering of a 1644
final decision or order in the appeal by the court of common 1645
pleas, whichever occurs first.1646

       Within thirty days after receipt of a notice of appeal from 1647
an order in any case in which a hearing is required by sections 1648
119.01 to 119.13 of the Revised Code, the agency shall prepare and 1649
certify to the court a complete record of the proceedings in the 1650
case. Failure of the agency to comply within the time allowed, 1651
upon motion, shall cause the court to enter a finding in favor of 1652
the party adversely affected. Additional time, however, may be 1653
granted by the court, not to exceed thirty days, when it is shown 1654
that the agency has made substantial effort to comply. The record 1655
shall be prepared and transcribed, and the expense of it shall be 1656
taxed as a part of the costs on the appeal. The appellant shall 1657
provide security for costs satisfactory to the court of common 1658
pleas. Upon demand by any interested party, the agency shall 1659
furnish at the cost of the party requesting it a copy of the 1660
stenographic report of testimony offered and evidence submitted at 1661
any hearing and a copy of the complete record.1662

       Notwithstanding any other provision of this section, any 1663
party desiring to appeal an order or decision of the state 1664
personnel board of review shall, at the time of filing a notice of 1665
appeal with the board, provide a security deposit in an amount and 1666
manner prescribed in rules that the board shall adopt in 1667
accordance with this chapter. In addition, the board is not 1668
required to prepare or transcribe the record of any of its 1669
proceedings unless the appellant has provided the deposit 1670
described above. The failure of the board to prepare or transcribe 1671
a record for an appellant who has not provided a security deposit 1672
shall not cause a court to enter a finding adverse to the board.1673

       Unless otherwise provided by law, in the hearing of the 1674
appeal, the court is confined to the record as certified to it by 1675
the agency. Unless otherwise provided by law, the court may grant 1676
a request for the admission of additional evidence when satisfied 1677
that the additional evidence is newly discovered and could not 1678
with reasonable diligence have been ascertained prior to the 1679
hearing before the agency.1680

       The court shall conduct a hearing on the appeal and shall 1681
give preference to all proceedings under sections 119.01 to 119.13 1682
of the Revised Code, over all other civil cases, irrespective of 1683
the position of the proceedings on the calendar of the court. An 1684
appeal from an order of the state medical board issued pursuant to 1685
division (G) of either section 4730.25 or 4731.22 of the Revised 1686
Code, or the state chiropractic board issued pursuant to section 1687
4734.37 of the Revised Code, or the liquor control commission 1688
issued pursuant to Chapter 4301. or 4303. of the Revised Code, or 1689
the Ohio casino control commission issued pursuant to Chapter 1690
3772. of the Revised Code shall be set down for hearing at the 1691
earliest possible time and takes precedence over all other 1692
actions. The hearing in the court of common pleas shall proceed as 1693
in the trial of a civil action, and the court shall determine the 1694
rights of the parties in accordance with the laws applicable to a 1695
civil action. At the hearing, counsel may be heard on oral 1696
argument, briefs may be submitted, and evidence may be introduced 1697
if the court has granted a request for the presentation of 1698
additional evidence.1699

       The court may affirm the order of the agency complained of in 1700
the appeal if it finds, upon consideration of the entire record 1701
and any additional evidence the court has admitted, that the order 1702
is supported by reliable, probative, and substantial evidence and 1703
is in accordance with law. In the absence of this finding, it may 1704
reverse, vacate, or modify the order or make such other ruling as 1705
is supported by reliable, probative, and substantial evidence and 1706
is in accordance with law. The court shall award compensation for 1707
fees in accordance with section 2335.39 of the Revised Code to a 1708
prevailing party, other than an agency, in an appeal filed 1709
pursuant to this section.1710

       The judgment of the court shall be final and conclusive 1711
unless reversed, vacated, or modified on appeal. These appeals may 1712
be taken either by the party or the agency, shall proceed as in 1713
the case of appeals in civil actions, and shall be pursuant to the 1714
Rules of Appellate Procedure and, to the extent not in conflict 1715
with those rules, Chapter 2505. of the Revised Code. An appeal by 1716
the agency shall be taken on questions of law relating to the 1717
constitutionality, construction, or interpretation of statutes and 1718
rules of the agency, and, in the appeal, the court may also review 1719
and determine the correctness of the judgment of the court of 1720
common pleas that the order of the agency is not supported by any 1721
reliable, probative, and substantial evidence in the entire 1722
record.1723

       The court shall certify its judgment to the agency or take 1724
any other action necessary to give its judgment effect.1725

       Sec. 121.08.  (A) There is hereby created in the department 1726
of commerce the position of deputy director of administration. 1727
This officer shall be appointed by the director of commerce, serve 1728
under the director's direction, supervision, and control, perform 1729
the duties the director prescribes, and hold office during the 1730
director's pleasure. The director of commerce may designate an 1731
assistant director of commerce to serve as the deputy director of 1732
administration. The deputy director of administration shall 1733
perform the duties prescribed by the director of commerce in 1734
supervising the activities of the division of administration of 1735
the department of commerce.1736

       (B) Except as provided in section 121.07 of the Revised Code, 1737
the department of commerce shall have all powers and perform all 1738
duties vested in the deputy director of administration, the state 1739
fire marshal, the superintendent of financial institutions, the 1740
superintendent of real estate and professional licensing, the 1741
superintendent of liquor control, the superintendent of industrial 1742
compliance, the superintendent of unclaimed funds, and the 1743
commissioner of securities, and shall have all powers and perform 1744
all duties vested by law in all officers, deputies, and employees 1745
of those offices. Except as provided in section 121.07 of the 1746
Revised Code, wherever powers are conferred or duties imposed upon 1747
any of those officers, the powers and duties shall be construed as 1748
vested in the department of commerce.1749

       (C)(1) There is hereby created in the department of commerce 1750
a division of financial institutions, which shall have all powers 1751
and perform all duties vested by law in the superintendent of 1752
financial institutions. Wherever powers are conferred or duties 1753
imposed upon the superintendent of financial institutions, those 1754
powers and duties shall be construed as vested in the division of 1755
financial institutions. The division of financial institutions 1756
shall be administered by the superintendent of financial 1757
institutions.1758

       (2) All provisions of law governing the superintendent of 1759
financial institutions shall apply to and govern the 1760
superintendent of financial institutions provided for in this 1761
section; all authority vested by law in the superintendent of 1762
financial institutions with respect to the management of the 1763
division of financial institutions shall be construed as vested in 1764
the superintendent of financial institutions created by this 1765
section with respect to the division of financial institutions 1766
provided for in this section; and all rights, privileges, and 1767
emoluments conferred by law upon the superintendent of financial 1768
institutions shall be construed as conferred upon the 1769
superintendent of financial institutions as head of the division 1770
of financial institutions. The director of commerce shall not 1771
transfer from the division of financial institutions any of the 1772
functions specified in division (C)(2) of this section.1773

       (D) There is hereby created in the department of commerce a 1774
division of liquor control, which shall have all powers and 1775
perform all duties vested by law in the superintendent of liquor 1776
control. Wherever powers are conferred or duties are imposed upon 1777
the superintendent of liquor control, those powers and duties 1778
shall be construed as vested in the division of liquor control. 1779
The division of liquor control shall be administered by the 1780
superintendent of liquor control.1781

       (E) The director of commerce shall not be interested, 1782
directly or indirectly, in any firm or corporation which is a 1783
dealer in securities as defined in sections 1707.01 and 1707.14 of 1784
the Revised Code, or in any firm or corporation licensed under 1785
sections 1321.01 to 1321.19 of the Revised Code.1786

       (F) The director of commerce shall not have any official 1787
connection with a savings and loan association, a savings bank, a 1788
bank, a bank holding company, a savings and loan association 1789
holding company, a consumer finance company, or a credit union 1790
that is under the supervision of the division of financial 1791
institutions, or a subsidiary of any of the preceding entities, or 1792
be interested in the business thereof.1793

       (G) There is hereby created in the state treasury the 1794
division of administration fund. The fund shall receive 1795
assessments on the operating funds of the department of commerce 1796
in accordance with procedures prescribed by the director of 1797
commerce and approved by the director of budget and management. 1798
All operating expenses of the division of administration shall be 1799
paid from the division of administration fund.1800

       (H) There is hereby created in the department of commerce a 1801
division of real estate and professional licensing, which shall be 1802
under the control and supervision of the director of commerce. The 1803
division of real estate and professional licensing shall be 1804
administered by the superintendent of real estate and professional 1805
licensing. The superintendent of real estate and professional 1806
licensing shall exercise the powers and perform the functions and 1807
duties delegated to the superintendent under Chapters 4735., 1808
4763., and 4767. of the Revised Code.1809

       (I) There is hereby created in the department of commerce a 1810
division of industrial compliance, which shall have all powers and 1811
perform all duties vested by law in the superintendent of 1812
industrial compliance. Wherever powers are conferred or duties 1813
imposed upon the superintendent of industrial compliance, those 1814
powers and duties shall be construed as vested in the division of 1815
industrial compliance. The division of industrial compliance shall 1816
be under the control and supervision of the director of commerce 1817
and be administered by the superintendent of industrial 1818
compliance.1819

       (J) There is hereby created in the department of commerce a 1820
division of unclaimed funds, which shall have all powers and 1821
perform all duties delegated to or vested by law in the 1822
superintendent of unclaimed funds. Wherever powers are conferred 1823
or duties imposed upon the superintendent of unclaimed funds, 1824
those powers and duties shall be construed as vested in the 1825
division of unclaimed funds. The division of unclaimed funds shall 1826
be under the control and supervision of the director of commerce 1827
and shall be administered by the superintendent of unclaimed 1828
funds. The superintendent of unclaimed funds shall exercise the 1829
powers and perform the functions and duties delegated to the 1830
superintendent by the director of commerce under section 121.07 1831
and Chapter 169. of the Revised Code, and as may otherwise be 1832
provided by law.1833

       (K) The department of commerce or a division of the 1834
department created by the Revised Code that is acting with 1835
authorization on the department's behalf may request from the 1836
bureau of criminal identification and investigation pursuant to 1837
section 109.572 of the Revised Code, or coordinate with 1838
appropriate federal, state, and local government agencies to 1839
accomplish, criminal records checks for the persons whose 1840
identities are required to be disclosed by an applicant for the 1841
issuance or transfer of a permit, license, certificate of 1842
registration, or certification issued or transferred by the 1843
department or division. At or before the time of making a request 1844
for a criminal records check, the department or division may 1845
require any person whose identity is required to be disclosed by 1846
an applicant for the issuance or transfer of such a license, 1847
permit, certificate of registration, or certification to submit to 1848
the department or division valid fingerprint impressions in a 1849
format and by any media or means acceptable to the bureau of 1850
criminal identification and investigation and, when applicable, 1851
the federal bureau of investigation. The department or division 1852
may cause the bureau of criminal identification and investigation 1853
to conduct a criminal records check through the federal bureau of 1854
investigation only if the person for whom the criminal records 1855
check would be conducted resides or works outside of this state or 1856
has resided or worked outside of this state during the preceding 1857
five years, or if a criminal records check conducted by the bureau 1858
of criminal identification and investigation within this state 1859
indicates that the person may have a criminal record outside of 1860
this state.1861

        In the case of a criminal records check under section 109.572 1862
of the Revised Code, the department or division shall forward to 1863
the bureau of criminal identification and investigation the 1864
requisite form, fingerprint impressions, and fee described in 1865
division (C) of that section. When requested by the department or 1866
division in accordance with this section, the bureau of criminal 1867
identification and investigation shall request from the federal 1868
bureau of investigation any information it has with respect to the 1869
person who is the subject of the requested criminal records check 1870
and shall forward the requisite fingerprint impressions and 1871
information to the federal bureau of investigation for that 1872
criminal records check. After conducting a criminal records check 1873
or receiving the results of a criminal records check from the 1874
federal bureau of investigation, the bureau of criminal 1875
identification and investigation shall provide the results to the 1876
department or division.1877

        The department or division may require any person about whom 1878
a criminal records check is requested to pay to the department or 1879
division the amount necessary to cover the fee charged to the 1880
department or division by the bureau of criminal identification 1881
and investigation under division (C)(3) of section 109.572 of the 1882
Revised Code, including, when applicable, any fee for a criminal 1883
records check conducted by the federal bureau of investigation.1884

       (L) The director of commerce, or the director's designee, may 1885
adopt rules to enhance compliance with statutes pertaining to, and 1886
rules adopted by, divisions under the direction, supervision, and 1887
control of the department or director by offering incentive-based 1888
programs that ensure safety and soundness while promoting growth 1889
and prosperity in the state.1890

       Sec. 122.121.  (A) If a local organizing committee, endorsing 1891
municipality, or endorsing county enters into a joinder 1892
undertaking with a site selection organization, the local 1893
organizing committee, endorsing municipality, or endorsing county 1894
may apply to the director of development services, on a form and 1895
in the manner prescribed by the director, for a grant based on the 1896
projected incremental increase in the receipts from the tax 1897
imposed under section 5739.02 of the Revised Code within the 1898
market area designated under division (C) of this section, for the 1899
two-week period that ends at the end of the day after the date on 1900
which a game will be held, that is directly attributable, as 1901
determined by the director, to the preparation for and 1902
presentation of the game. The director shall determine the 1903
projected incremental increase in the tax imposed under section 1904
5739.02 of the Revised Code by using a formula approved by the 1905
destination marketing association international for event impact 1906
or another formula of similar purpose approved by the director. 1907
The local organizing committee, endorsing municipality, or 1908
endorsing county is eligible to receive a grant under this section 1909
only if the projected incremental increase in receipts from the 1910
tax imposed under section 5739.02 of the Revised Code, as 1911
determined by the director, exceeds two hundred fifty thousand 1912
dollars. The amount of the grant shall be not less than fifty per 1913
cent of the projected incremental increase in receipts, as 1914
determined by the director, but shall not exceed five hundred 1915
thousand dollars. The director shall not issue grants with a total 1916
value of more than one million dollars in any fiscal year, and 1917
shall not issue any grant before July 1, 2013.1918

       (B) If the director of development services approves an 1919
application for a local organizing committee, endorsing 1920
municipality, or endorsing county and that local organizing 1921
committee, endorsing municipality, or endorsing county enters into 1922
a joinder agreement with a site selection organization, the local 1923
organizing committee, endorsing municipality, or endorsing county 1924
shall file a copy of the joinder agreement with the director of 1925
development, who immediately shall notify the director of budget 1926
and management of the filing. Within thirty days after receiving 1927
the notice, the director of budget and management shall establish 1928
a schedule to disburse from the general revenue fund to such local 1929
organizing committee, endorsing municipality, or endorsing county 1930
payments that total the amount certified by the director of 1931
development under division (A) of this section, but in no event 1932
shall the total amount disbursed exceed five hundred thousand 1933
dollars, and no disbursement shall be made before July 1, 2013. 1934
The paymentsgrant shall be used exclusively by the local 1935
organizing committee, endorsing municipality, or endorsing county 1936
to fulfill a portion of its obligations to a site selection 1937
organization under game support contracts, which obligations may 1938
include the payment of costs relating to the preparations 1939
necessary for the conduct of the game, including acquiring, 1940
renovating, or constructing facilities; to pay the costs of 1941
conducting the game; and to assist the local organizing committee, 1942
endorsing municipality, or endorsing county in providing 1943
assurances required by a site selection organization sponsoring 1944
one or more games.1945

       (C) For the purposes of division (A) of this section, the 1946
director of development services, in consultation with the tax 1947
commissioner, shall designate the market area for a game. The 1948
market area shall consist of the combined statistical area, as 1949
defined by the United States office of management and budget, in 1950
which an endorsing municipality or endorsing county is located. 1951

       (D) A local organizing committee, endorsing municipality, or 1952
endorsing county shall provide information required by the 1953
director of development services and tax commissioner to enable 1954
the director and commissioner to fulfill their duties under this 1955
section, including annual audited statements of any financial 1956
records required by a site selection organization and data 1957
obtained by the local organizing committee, endorsing 1958
municipality, or endorsing county relating to attendance at a game 1959
and to the economic impact of the game. A local organizing 1960
committee, an endorsing municipality, or an endorsing county shall 1961
provide an annual audited financial statement if so required by 1962
the director and commissioner, not later than the end of the 1963
fourth month after the date the period covered by the financial 1964
statement ends.1965

       (E) Within thirty days after the game, the local organizing 1966
committee, endorsing municipality, or endorsing county shall 1967
report to the director of development services about the economic 1968
impact of the game. The report shall be in the form and substance 1969
required by the director, including, but not limited to, a final 1970
income statement for the event showing total revenue and 1971
expenditures and revenue and expenditures in the market area for 1972
the game, and ticket sales for the game and any related activities 1973
for which admission was charged. The director of development shall 1974
determine, based on the reported information and the exercise of 1975
reasonable judgment, the incremental increase in receipts from the 1976
tax imposed under section 5739.02 of the Revised Code directly 1977
attributable to the game. If the actual incremental increase in 1978
such receipts is less than the projected incremental increase in 1979
receipts, the director may require the local organizing committee, 1980
endorsing municipality, or endorsing county to refund to the state 1981
all or a portion of the grant.1982

       (F) No disbursement may be made under this section if the 1983
director of development services determines that it would be used 1984
for the purpose of soliciting the relocation of a professional 1985
sports franchise located in this state.1986

       (G) This section may not be construed as creating or 1987
requiring a state guarantee of obligations imposed on an endorsing 1988
municipality or endorsing county under a game support contract or 1989
any other agreement relating to hosting one or more games in this 1990
state.1991

       Sec. 122.136.  The director of development services shall 1992
prepare and submit a report to the governor and the general 1993
assembly annually on or before the first day of FebruaryAugust of 1994
the services and activities of the employee ownership assistance 1995
program for the preceding calendar year. The director shall 1996
include in the report information regarding the number, names, and 1997
locations of business establishments that have been or likely will 1998
be assisted as employee-owned corporations; recommendations on how 1999
to better operate the program; information regarding the 2000
effectiveness of the program in maintaining and improving 2001
employment in the state; and the number of individuals affected by 2002
the activities of the program.2003

       Sec. 122.17.  (A) As used in this section:2004

       (1) "Income tax revenue" means the total amount withheld 2005
under section 5747.06 of the Revised Code by the taxpayer during 2006
the taxable year, or during the calendar year that includes the 2007
tax period, from the compensation of each employee or each 2008
home-based employee employed in the project to the extent the 2009
employee's withholdings are not used to determine the credit under 2010
section 122.171 of the Revised Code. "Income tax revenue" excludes 2011
amounts withheld before the day the taxpayer becomes eligible for 2012
the credit.2013

       (2) "Baseline income tax revenue" means income tax revenue 2014
except that the applicable withholding period is the twelve months 2015
immediately preceding the date the tax credit authority approves 2016
the taxpayer's application or the date the tax credit authority 2017
receives the recommendation described in division (C)(2)(a) of 2018
this section, whichever occurs first, multiplied by the sum of one 2019
plus an annual pay increase factor to be determined by the tax 2020
credit authority. If the taxpayer becomes eligible for the credit 2021
after the first day of the taxpayer's taxable year or after the 2022
first day of the calendar year that includes the tax period, the 2023
taxpayer's baseline income tax revenue for the first such taxable 2024
or calendar year of credit eligibility shall be reduced in 2025
proportion to the number of days during the taxable or calendar 2026
year for which the taxpayer was not eligible for the credit. For 2027
subsequent taxable or calendar years, "baseline income tax 2028
revenue" equals the unreduced baseline income tax revenue for the 2029
preceding taxable or calendar year multiplied by the sum of one 2030
plus the pay increase factor.2031

       (3) "Excess income tax revenue" means income tax revenue 2032
minus baseline income tax revenue.2033

       (4) "Home-based employee" means an employee whose services 2034
are performed primarily from the employee's residence in this 2035
state exclusively for the benefit of the project and whose rate of 2036
pay is at least one hundred thirty-one per cent of the federal 2037
minimum wage under 29 U.S.C. 206. 2038

       (B) The tax credit authority may make grants under this 2039
section to foster job creation in this state. Such a grant shall 2040
take the form of a refundable credit allowed against the tax 2041
imposed by section 5725.18, 5726.02, 5729.03, 5733.06, 5736.02, or 2042
5747.02 or levied under Chapter 5751. of the Revised Code. The 2043
credit shall be claimed for the taxable years or tax periods 2044
specified in the taxpayer's agreement with the tax credit 2045
authority under division (D) of this section. With respect to 2046
taxes imposed under section 5726.02, 5733.06, or 5747.02 or 2047
Chapter 5751. of the Revised Code, the credit shall be claimed in 2048
the order required under section 5726.98, 5733.98, 5747.98, or 2049
5751.98 of the Revised Code. The amount of the credit available 2050
for a taxable year or for a calendar year that includes a tax 2051
period equals the excess income tax revenue for that year 2052
multiplied by the percentage specified in the agreement with the 2053
tax credit authority. Any credit granted under this section 2054
against the tax imposed by section 5733.06 or 5747.02 of the 2055
Revised Code, to the extent not fully utilized against such tax 2056
for taxable years ending prior to 2008, shall automatically be 2057
converted without any action taken by the tax credit authority to 2058
a credit against the tax levied under Chapter 5751. of the Revised 2059
Code for tax periods beginning on or after July 1, 2008, provided 2060
that the person to whom the credit was granted is subject to such 2061
tax. The converted credit shall apply to those calendar years in 2062
which the remaining taxable years specified in the agreement end.2063

       (C)(1) A taxpayer or potential taxpayer who proposes a 2064
project to create new jobs in this state may apply to the tax 2065
credit authority to enter into an agreement for a tax credit under 2066
this section. 2067

       An application shall not propose to include both home-based 2068
employees and employees who are not home-based employees in the 2069
computation of income tax revenue for the purposes of the same tax 2070
credit agreement. If a taxpayer or potential taxpayer employs both 2071
home-based employees and employees who are not home-based 2072
employees in a project, the taxpayer shall submit separate 2073
applications for separate tax credit agreements for the project, 2074
one of which shall include home-based employees in the computation 2075
of income tax revenue and one of which shall include all other 2076
employees in the computation of income tax revenue.2077

       The director of development services shall prescribe the form 2078
of the application. After receipt of an application, the authority 2079
may enter into an agreement with the taxpayer for a credit under 2080
this section if it determines all of the following:2081

       (a) The taxpayer's project will increase payroll and income 2082
tax revenue;2083

       (b) The taxpayer's project is economically sound and will 2084
benefit the people of this state by increasing opportunities for 2085
employment and strengthening the economy of this state;2086

       (c) Receiving the tax credit is a major factor in the 2087
taxpayer's decision to go forward with the project.2088

       (2)(a) A taxpayer that chooses to begin the project prior to 2089
receiving the determination of the authority may, upon submitting 2090
the taxpayer's application to the authority, request that the 2091
chief investment officer of the nonprofit corporation formed under 2092
section 187.01 of the Revised Code and the director review the 2093
taxpayer's application and recommend to the authority that the 2094
taxpayer's application be considered. As soon as possible after 2095
receiving such a request, the chief investment officer and the 2096
director shall review the taxpayer's application and, if they 2097
determine that the application warrants consideration by the 2098
authority, make that recommendation to the authority not later 2099
than six months after the application is received by the 2100
authority.2101

       (b) The authority shall consider any taxpayer's application 2102
for which it receives a recommendation under division (C)(2)(a) of 2103
this section. If the authority determines that the taxpayer does 2104
not meet all of the criteria set forth in division (C)(1) of this 2105
section, the authority and the development services agency shall 2106
proceed in accordance with rules adopted by the director pursuant 2107
to division (I) of this section.2108

       (D) An agreement under this section shall include all of the 2109
following:2110

       (1) A detailed description of the project that is the subject 2111
of the agreement;2112

       (2)(a) The term of the tax credit, which, except as provided 2113
in division (D)(2)(b) of this section, shall not exceed fifteen 2114
years, and the first taxable year, or first calendar year that 2115
includes a tax period, for which the credit may be claimed;2116

       (b) If the tax credit is computed on the basis of home-based 2117
employees, the term of the credit shall expire on or before the 2118
last day of the taxable or calendar year ending before the 2119
beginning of the seventh year after September 6, 2012, the 2120
effective date of H.B. 327 of the 129th general assembly.2121

       (3) A requirement that the taxpayer shall maintain operations 2122
at the project location for at least the greater of seven years or 2123
the term of the credit plus three years;2124

       (4) The percentage, as determined by the tax credit 2125
authority, of excess income tax revenue that will be allowed as 2126
the amount of the credit for each taxable year or for each 2127
calendar year that includes a tax period;2128

       (5) The pay increase factor to be applied to the taxpayer's 2129
baseline income tax revenue;2130

       (6) A requirement that the taxpayer annually shall report to 2131
the director of development services employment, tax withholding, 2132
investment, the provision of health care benefits and tuition 2133
reimbursement if required in the agreement, and other information 2134
the director needs to perform the director's duties under this 2135
section;2136

       (7) A requirement that the director of development services 2137
annually review the information reported under division (D)(6) of 2138
this section and verify compliance with the agreement; if the 2139
taxpayer is in compliance, a requirement that the director issue a 2140
certificate to the taxpayer stating that the information has been 2141
verified and identifying the amount of the credit that may be 2142
claimed for the taxable or calendar year;2143

       (8) A provision providing that the taxpayer may not relocate 2144
a substantial number of employment positions from elsewhere in 2145
this state to the project location unless the director of 2146
development services determines that the legislative authority of 2147
the county, township, or municipal corporation from which the 2148
employment positions would be relocated has been notified by the 2149
taxpayer of the relocation.2150

       For purposes of this section, the movement of an employment 2151
position from one political subdivision to another political 2152
subdivision shall be considered a relocation of an employment 2153
position unless the employment position in the first political 2154
subdivision is replaced.2155

       (9) If the tax credit is computed on the basis of home-based 2156
employees, that the tax credit may not be claimed by the taxpayer 2157
until the taxable year or tax period in which the taxpayer employs 2158
at least two hundred employees more than the number of employees 2159
the taxpayer employed on June 30, 2011.2160

       (E) If a taxpayer fails to meet or comply with any condition 2161
or requirement set forth in a tax credit agreement, the tax credit 2162
authority may amend the agreement to reduce the percentage or term 2163
of the tax credit. The reduction of the percentage or term may 2164
take effect in the current taxable or calendar year.2165

       (F) Projects that consist solely of point-of-final-purchase 2166
retail facilities are not eligible for a tax credit under this 2167
section. If a project consists of both point-of-final-purchase 2168
retail facilities and nonretail facilities, only the portion of 2169
the project consisting of the nonretail facilities is eligible for 2170
a tax credit and only the excess income tax revenue from the 2171
nonretail facilities shall be considered when computing the amount 2172
of the tax credit. If a warehouse facility is part of a 2173
point-of-final-purchase retail facility and supplies only that 2174
facility, the warehouse facility is not eligible for a tax credit. 2175
Catalog distribution centers are not considered 2176
point-of-final-purchase retail facilities for the purposes of this 2177
division, and are eligible for tax credits under this section.2178

       (G) Financial statements and other information submitted to 2179
the development services agency or the tax credit authority by an 2180
applicant or recipient of a tax credit under this section, and any 2181
information taken for any purpose from such statements or 2182
information, are not public records subject to section 149.43 of 2183
the Revised Code. However, the chairperson of the authority may 2184
make use of the statements and other information for purposes of 2185
issuing public reports or in connection with court proceedings 2186
concerning tax credit agreements under this section. Upon the 2187
request of the tax commissioner or, if the applicant or recipient 2188
is an insurance company, upon the request of the superintendent of 2189
insurance, the chairperson of the authority shall provide to the 2190
commissioner or superintendent any statement or information 2191
submitted by an applicant or recipient of a tax credit in 2192
connection with the credit. The commissioner or superintendent 2193
shall preserve the confidentiality of the statement or 2194
information.2195

       (H) A taxpayer claiming a credit under this section shall 2196
submit to the tax commissioner or, if the taxpayer is an insurance 2197
company, to the superintendent of insurance, a copy of the 2198
director of development services' certificate of verification 2199
under division (D)(7) of this section with the taxpayer's tax 2200
report or return for the taxable year or for the calendar year 2201
that includes the tax period. Failure to submit a copy of the 2202
certificate with the report or return does not invalidate a claim 2203
for a credit if the taxpayer submits a copy of the certificate to 2204
the commissioner or superintendent within sixty days after the 2205
commissioner or superintendent requests it.2206

       (I) The director of development services, after consultation 2207
with the tax commissioner and the superintendent of insurance and 2208
in accordance with Chapter 119. of the Revised Code, shall adopt 2209
rules necessary to implement this section, including rules that 2210
establish a procedure to be followed by the tax credit authority 2211
and the development services agency in the event the authority 2212
considers a taxpayer's application for which it receives a 2213
recommendation under division (C)(2)(a) of this section but does 2214
not approve it. The rules may provide for recipients of tax 2215
credits under this section to be charged fees to cover 2216
administrative costs of the tax credit program. The fees collected 2217
shall be credited to the business assistance fund created in 2218
section 122.174 of the Revised Code. At the time the director 2219
gives public notice under division (A) of section 119.03 of the 2220
Revised Code of the adoption of the rules, the director shall 2221
submit copies of the proposed rules to the chairpersons of the 2222
standing committees on economic development in the senate and the 2223
house of representatives.2224

       (J) For the purposes of this section, a taxpayer may include 2225
a partnership, a corporation that has made an election under 2226
subchapter S of chapter one of subtitle A of the Internal Revenue 2227
Code, or any other business entity through which income flows as a 2228
distributive share to its owners. A partnership, S-corporation, or 2229
other such business entity may elect to pass the credit received 2230
under this section through to the persons to whom the income or 2231
profit of the partnership, S-corporation, or other entity is 2232
distributed. The election shall be made on the annual report 2233
required under division (D)(6) of this section. The election 2234
applies to and is irrevocable for the credit for which the report 2235
is submitted. If the election is made, the credit shall be 2236
apportioned among those persons in the same proportions as those 2237
in which the income or profit is distributed.2238

       (K) If the director of development services determines that a 2239
taxpayer who has received a credit under this section is not 2240
complying with the requirement under division (D)(3) of this 2241
section, the director shall notify the tax credit authority of the 2242
noncompliance. After receiving such a notice, and after giving the 2243
taxpayer an opportunity to explain the noncompliance, the tax 2244
credit authority may require the taxpayer to refund to this state 2245
a portion of the credit in accordance with the following:2246

       (1) If the taxpayer maintained operations at the project 2247
location for a period less than or equal to the term of the 2248
credit, an amount not exceeding one hundred per cent of the sum of 2249
any credits allowed and received under this section;2250

       (2) If the taxpayer maintained operations at the project 2251
location for a period longer than the term of the credit, but less 2252
than the greater of seven years or the term of the credit plus 2253
three years, an amount not exceeding seventy-five per cent of the 2254
sum of any credits allowed and received under this section.2255

       In determining the portion of the tax credit to be refunded 2256
to this state, the tax credit authority shall consider the effect 2257
of market conditions on the taxpayer's project and whether the 2258
taxpayer continues to maintain other operations in this state. 2259
After making the determination, the authority shall certify the 2260
amount to be refunded to the tax commissioner or superintendent of 2261
insurance, as appropriate. If the amount is certified to the 2262
commissioner, the commissioner shall make an assessment for that 2263
amount against the taxpayer under Chapter 5726., 5733., 5736.,2264
5747., or 5751. of the Revised Code. If the amount is certified to 2265
the superintendent, the superintendent shall make an assessment 2266
for that amount against the taxpayer under Chapter 5725. or 5729. 2267
of the Revised Code. The time limitations on assessments under 2268
those chapters do not apply to an assessment under this division, 2269
but the commissioner or superintendent, as appropriate, shall make 2270
the assessment within one year after the date the authority 2271
certifies to the commissioner or superintendent the amount to be 2272
refunded.2273

       (L) On or before the first day of August each year, the 2274
director of development services shall submit a report to the 2275
governor, the president of the senate, and the speaker of the 2276
house of representatives on the tax credit program under this 2277
section. The report shall include information on the number of 2278
agreements that were entered into under this section during the 2279
preceding calendar year, a description of the project that is the 2280
subject of each such agreement, and an update on the status of 2281
projects under agreements entered into before the preceding 2282
calendar year.2283

       (M) There is hereby created the tax credit authority, which 2284
consists of the director of development services and four other 2285
members appointed as follows: the governor, the president of the 2286
senate, and the speaker of the house of representatives each shall 2287
appoint one member who shall be a specialist in economic 2288
development; the governor also shall appoint a member who is a 2289
specialist in taxation. Of the initial appointees, the members 2290
appointed by the governor shall serve a term of two years; the 2291
members appointed by the president of the senate and the speaker 2292
of the house of representatives shall serve a term of four years. 2293
Thereafter, terms of office shall be for four years. Initial 2294
appointments to the authority shall be made within thirty days 2295
after January 13, 1993. Each member shall serve on the authority 2296
until the end of the term for which the member was appointed. 2297
Vacancies shall be filled in the same manner provided for original 2298
appointments. Any member appointed to fill a vacancy occurring 2299
prior to the expiration of the term for which the member's 2300
predecessor was appointed shall hold office for the remainder of 2301
that term. Members may be reappointed to the authority. Members of 2302
the authority shall receive their necessary and actual expenses 2303
while engaged in the business of the authority. The director of 2304
development services shall serve as chairperson of the authority, 2305
and the members annually shall elect a vice-chairperson from among 2306
themselves. Three members of the authority constitute a quorum to 2307
transact and vote on the business of the authority. The majority 2308
vote of the membership of the authority is necessary to approve 2309
any such business, including the election of the vice-chairperson.2310

       The director of development services may appoint a 2311
professional employee of the development services agency to serve 2312
as the director's substitute at a meeting of the authority. The 2313
director shall make the appointment in writing. In the absence of 2314
the director from a meeting of the authority, the appointed 2315
substitute shall serve as chairperson. In the absence of both the 2316
director and the director's substitute from a meeting, the 2317
vice-chairperson shall serve as chairperson.2318

       (N) For purposes of the credits granted by this section 2319
against the taxes imposed under sections 5725.18 and 5729.03 of 2320
the Revised Code, "taxable year" means the period covered by the 2321
taxpayer's annual statement to the superintendent of insurance.2322

       (O) On or before the first day of March of each of the five 2323
calendar years beginning with 2014, each taxpayer subject to an 2324
agreement with the tax credit authority under this section on the 2325
basis of home-based employees shall report the number of 2326
home-based employees and other employees employed by the taxpayer 2327
in this state to the development services agency.2328

       (P) On or before the first day of January of 2019, the 2329
director of development services shall submit a report to the 2330
governor, the president of the senate, and the speaker of the 2331
house of representatives on the effect of agreements entered into 2332
under this section in which the taxpayer included home-based 2333
employees in the computation of income tax revenue. The report 2334
shall include information on the number of such agreements that 2335
were entered into in the preceding six years, a description of the 2336
projects that were the subjects of such agreements, and an 2337
analysis of nationwide home-based employment trends, including the 2338
number of home-based jobs created from July 1, 2011, through June 2339
30, 2017, and a description of any home-based employment tax 2340
incentives provided by other states during that time.2341

       (Q) The director of development services may require any 2342
agreement entered into under this section for a tax credit 2343
computed on the basis of home-based employees to contain a 2344
provision that the taxpayer makes available health care benefits 2345
and tuition reimbursement to all employees.2346

       Sec. 122.171. (A) As used in this section:2347

       (1) "Capital investment project" means a plan of investment 2348
at a project site for the acquisition, construction, renovation, 2349
or repair of buildings, machinery, or equipment, or for 2350
capitalized costs of basic research and new product development 2351
determined in accordance with generally accepted accounting 2352
principles, but does not include any of the following:2353

       (a) Payments made for the acquisition of personal property 2354
through operating leases;2355

       (b) Project costs paid before January 1, 2002;2356

       (c) Payments made to a related member as defined in section 2357
5733.042 of the Revised Code or to a consolidated elected taxpayer 2358
or a combined taxpayer as defined in section 5751.01 of the 2359
Revised Code.2360

       (2) "Eligible business" means a taxpayer and its related 2361
members with Ohio operations satisfying all of the following:2362

       (a) The taxpayer employs at least five hundred full-time 2363
equivalent employees or has an annual payroll of at least 2364
thirty-five million dollars at the time the tax credit authority 2365
grants the tax credit under this section;2366

       (b) The taxpayer makes or causes to be made payments for the 2367
capital investment project of one of the following:2368

       (i) If the taxpayer is engaged at the project site primarily 2369
as a manufacturer, at least fifty million dollars in the aggregate 2370
at the project site during a period of three consecutive calendar 2371
years, including the calendar year that includes a day of the 2372
taxpayer's taxable year or tax period with respect to which the 2373
credit is granted;2374

       (ii) If the taxpayer is engaged at the project site primarily 2375
in significant corporate administrative functions, as defined by 2376
the director of development services by rule, at least twenty 2377
million dollars in the aggregate at the project site during a 2378
period of three consecutive calendar years including the calendar 2379
year that includes a day of the taxpayer's taxable year or tax 2380
period with respect to which the credit is granted;2381

       (iii) If the taxpayer is applying to enter into an agreement 2382
for a tax credit authorized under division (B)(3) of this section, 2383
at least five million dollars in the aggregate at the project site 2384
during a period of three consecutive calendar years, including the 2385
calendar year that includes a day of the taxpayer's taxable year 2386
or tax period with respect to which the credit is granted.2387

       (c) The taxpayer had a capital investment project reviewed 2388
and approved by the tax credit authority as provided in divisions 2389
(C), (D), and (E) of this section.2390

       (3) "Full-time equivalent employees" means the quotient 2391
obtained by dividing the total number of hours for which employees 2392
were compensated for employment in the project by two thousand 2393
eighty. "Full-time equivalent employees" shall exclude hours that 2394
are counted for a credit under section 122.17 of the Revised Code.2395

       (4) "Income tax revenue" means the total amount withheld 2396
under section 5747.06 of the Revised Code by the taxpayer during 2397
the taxable year, or during the calendar year that includes the 2398
tax period, from the compensation of all employees employed in the 2399
project whose hours of compensation are included in calculating 2400
the number of full-time equivalent employees.2401

       (5) "Manufacturer" has the same meaning as in section 2402
5739.011 of the Revised Code.2403

       (6) "Project site" means an integrated complex of facilities 2404
in this state, as specified by the tax credit authority under this 2405
section, within a fifteen-mile radius where a taxpayer is 2406
primarily operating as an eligible business.2407

       (7) "Related member" has the same meaning as in section 2408
5733.042 of the Revised Code as that section existed on the 2409
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd 2410
general assembly, September 29, 1997.2411

       (8) "Taxable year" includes, in the case of a domestic or 2412
foreign insurance company, the calendar year ending on the 2413
thirty-first day of December preceding the day the superintendent 2414
of insurance is required to certify to the treasurer of state 2415
under section 5725.20 or 5729.05 of the Revised Code the amount of 2416
taxes due from insurance companies.2417

       (B) The tax credit authority created under section 122.17 of 2418
the Revised Code may grant tax credits under this section for the 2419
purpose of fostering job retention in this state. Upon application 2420
by an eligible business and upon consideration of the 2421
recommendation of the director of budget and management, tax 2422
commissioner, the superintendent of insurance in the case of an 2423
insurance company, and director of development services under 2424
division (C) of this section, the tax credit authority may grant 2425
the following credits against the tax imposed by section 5725.18, 2426
5726.02, 5729.03, 5733.06, 5736.02, 5747.02, or 5751.02 of the 2427
Revised Code:2428

       (1) A nonrefundable credit to an eligible business;2429

       (2) A refundable credit to an eligible business meeting the 2430
following conditions, provided that the director of budget and 2431
management, tax commissioner, superintendent of insurance in the 2432
case of an insurance company, and director of development services 2433
have recommended the granting of the credit to the tax credit 2434
authority before July 1, 2011:2435

       (a) The business retains at least one thousand full-time 2436
equivalent employees at the project site.2437

       (b) The business makes or causes to be made payments for a 2438
capital investment project of at least twenty-five million dollars 2439
in the aggregate at the project site during a period of three 2440
consecutive calendar years, including the calendar year that 2441
includes a day of the business' taxable year or tax period with 2442
respect to which the credit is granted.2443

       (c) In 2010, the business received a written offer of 2444
financial incentives from another state of the United States that 2445
the director determines to be sufficient inducement for the 2446
business to relocate the business' operations from this state to 2447
that state.2448

       (3) A refundable credit to an eligible business with a total 2449
annual payroll of at least twenty million dollars, provided that 2450
the tax credit authority grants the tax credit on or after July 1, 2451
2011, and before January 1, 2014.2452

       The credits authorized in divisions (B)(1), (2), and (3) of 2453
this section may be granted for a period up to fifteen taxable 2454
years or, in the case of the tax levied by section 5736.02 or2455
5751.02 of the Revised Code, for a period of up to fifteen 2456
calendar years. The credit amount for a taxable year or a calendar 2457
year that includes the tax period for which a credit may be 2458
claimed equals the income tax revenue for that year multiplied by 2459
the percentage specified in the agreement with the tax credit 2460
authority. The percentage may not exceed seventy-five per cent. 2461
The credit shall be claimed in the order required under section 2462
5725.98, 5726.98, 5729.98, 5733.98, 5747.98, or 5751.98 of the 2463
Revised Code. In determining the percentage and term of the 2464
credit, the tax credit authority shall consider both the number of 2465
full-time equivalent employees and the value of the capital 2466
investment project. The credit amount may not be based on the 2467
income tax revenue for a calendar year before the calendar year in 2468
which the tax credit authority specifies the tax credit is to 2469
begin, and the credit shall be claimed only for the taxable years 2470
or tax periods specified in the eligible business' agreement with 2471
the tax credit authority. In no event shall the credit be claimed 2472
for a taxable year or tax period terminating before the date 2473
specified in the agreement. Any credit granted under this section 2474
against the tax imposed by section 5733.06 or 5747.02 of the 2475
Revised Code, to the extent not fully utilized against such tax 2476
for taxable years ending prior to 2008, shall automatically be 2477
converted without any action taken by the tax credit authority to 2478
a credit against the tax levied under Chapter 5751. of the Revised 2479
Code for tax periods beginning on or after July 1, 2008, provided 2480
that the person to whom the credit was granted is subject to such 2481
tax. The converted credit shall apply to those calendar years in 2482
which the remaining taxable years specified in the agreement end.2483

        If a nonrefundable credit allowed under division (B)(1) of 2484
this section for a taxable year or tax period exceeds the 2485
taxpayer's tax liability for that year or period, the excess may 2486
be carried forward for the three succeeding taxable or calendar 2487
years, but the amount of any excess credit allowed in any taxable 2488
year or tax period shall be deducted from the balance carried 2489
forward to the succeeding year or period. 2490

       (C) A taxpayer that proposes a capital investment project to 2491
retain jobs in this state may apply to the tax credit authority to 2492
enter into an agreement for a tax credit under this section. The 2493
director of development services shall prescribe the form of the 2494
application. After receipt of an application, the authority shall 2495
forward copies of the application to the director of budget and 2496
management, the tax commissioner, the superintendent of insurance 2497
in the case of an insurance company, and the director of 2498
development services, each of whom shall review the application to 2499
determine the economic impact the proposed project would have on 2500
the state and the affected political subdivisions and shall submit 2501
a summary of their determinations and recommendations to the 2502
authority. 2503

       (D) Upon review and consideration of the determinations and 2504
recommendations described in division (C) of this section, the tax 2505
credit authority may enter into an agreement with the taxpayer for 2506
a credit under this section if the authority determines all of the 2507
following:2508

       (1) The taxpayer's capital investment project will result in 2509
the retention of employment in this state.2510

       (2) The taxpayer is economically sound and has the ability to 2511
complete the proposed capital investment project.2512

       (3) The taxpayer intends to and has the ability to maintain 2513
operations at the project site for at least the greater of (a) the 2514
term of the credit plus three years, or (b) seven years.2515

       (4) Receiving the credit is a major factor in the taxpayer's 2516
decision to begin, continue with, or complete the project.2517

       (5) If the taxpayer is applying to enter into an agreement 2518
for a tax credit authorized under division (B)(3) of this section, 2519
the taxpayer's capital investment project will be located in the 2520
political subdivision in which the taxpayer maintains its 2521
principal place of business or maintains a unit or division with 2522
at least four thousand two hundred employees at the project site.2523

       (E) An agreement under this section shall include all of the 2524
following:2525

       (1) A detailed description of the project that is the subject 2526
of the agreement, including the amount of the investment, the 2527
period over which the investment has been or is being made, the 2528
number of full-time equivalent employees at the project site, and 2529
the anticipated income tax revenue to be generated.2530

       (2) The term of the credit, the percentage of the tax credit, 2531
the maximum annual value of tax credits that may be allowed each 2532
year, and the first year for which the credit may be claimed.2533

        (3) A requirement that the taxpayer maintain operations at 2534
the project site for at least the greater of (a) the term of the 2535
credit plus three years, or (b) seven years.2536

       (4)(a) In the case of a credit granted under division (B)(1) 2537
of this section, a requirement that the taxpayer retain at least 2538
five hundred full-time equivalent employees at the project site 2539
and within this state for the entire term of the credit, or a 2540
requirement that the taxpayer maintain an annual payroll of at 2541
least thirty-five million dollars for the entire term of the 2542
credit;2543

        (b) In the case of a credit granted under division (B)(2) of 2544
this section, a requirement that the taxpayer retain at least one 2545
thousand full-time equivalent employees at the project site and 2546
within this state for the entire term of the credit;2547

        (c) In the case of a credit granted under division (B)(3) of 2548
this section, either of the following:2549

        (i) A requirement that the taxpayer retain at least five 2550
hundred full-time equivalent employees at the project site and 2551
within this state for the entire term of the credit and a 2552
requirement that the taxpayer maintain an annual payroll of at 2553
least twenty million dollars for the entire term of the credit;2554

        (ii) A requirement that the taxpayer maintain an annual 2555
payroll of at least thirty-five million dollars for the entire 2556
term of the credit.2557

       (5) A requirement that the taxpayer annually report to the 2558
director of development services employment, tax withholding, 2559
capital investment, and other information the director needs to 2560
perform the director's duties under this section.2561

       (6) A requirement that the director of development services 2562
annually review the annual reports of the taxpayer to verify the 2563
information reported under division (E)(5) of this section and 2564
compliance with the agreement. Upon verification, the director 2565
shall issue a certificate to the taxpayer stating that the 2566
information has been verified and identifying the amount of the 2567
credit for the taxable year or calendar year that includes the tax 2568
period. In determining the number of full-time equivalent 2569
employees, no position shall be counted that is filled by an 2570
employee who is included in the calculation of a tax credit under 2571
section 122.17 of the Revised Code.2572

        (7) A provision providing that the taxpayer may not relocate 2573
a substantial number of employment positions from elsewhere in 2574
this state to the project site unless the director of development 2575
services determines that the taxpayer notified the legislative 2576
authority of the county, township, or municipal corporation from 2577
which the employment positions would be relocated.2578

       For purposes of this section, the movement of an employment 2579
position from one political subdivision to another political 2580
subdivision shall be considered a relocation of an employment 2581
position unless the movement is confined to the project site. The 2582
transfer of an employment position from one political subdivision 2583
to another political subdivision shall not be considered a 2584
relocation of an employment position if the employment position in 2585
the first political subdivision is replaced by another employment 2586
position.2587

       (8) A waiver by the taxpayer of any limitations periods 2588
relating to assessments or adjustments resulting from the 2589
taxpayer's failure to comply with the agreement.2590

       (F) If a taxpayer fails to meet or comply with any condition 2591
or requirement set forth in a tax credit agreement, the tax credit 2592
authority may amend the agreement to reduce the percentage or term 2593
of the credit. The reduction of the percentage or term may take 2594
effect in the current taxable or calendar year.2595

       (G) Financial statements and other information submitted to 2596
the department of development services or the tax credit authority 2597
by an applicant for or recipient of a tax credit under this 2598
section, and any information taken for any purpose from such 2599
statements or information, are not public records subject to 2600
section 149.43 of the Revised Code. However, the chairperson of 2601
the authority may make use of the statements and other information 2602
for purposes of issuing public reports or in connection with court 2603
proceedings concerning tax credit agreements under this section. 2604
Upon the request of the tax commissioner, or the superintendent of 2605
insurance in the case of an insurance company, the chairperson of 2606
the authority shall provide to the commissioner or superintendent 2607
any statement or other information submitted by an applicant for 2608
or recipient of a tax credit in connection with the credit. The 2609
commissioner or superintendent shall preserve the confidentiality 2610
of the statement or other information.2611

       (H) A taxpayer claiming a tax credit under this section shall 2612
submit to the tax commissioner or, in the case of an insurance 2613
company, to the superintendent of insurance, a copy of the 2614
director of development services' certificate of verification 2615
under division (E)(6) of this section with the taxpayer's tax 2616
report or return for the taxable year or for the calendar year 2617
that includes the tax period. Failure to submit a copy of the 2618
certificate with the report or return does not invalidate a claim 2619
for a credit if the taxpayer submits a copy of the certificate to 2620
the commissioner or superintendent within sixty days after the 2621
commissioner or superintendent requests it.2622

       (I) For the purposes of this section, a taxpayer may include 2623
a partnership, a corporation that has made an election under 2624
subchapter S of chapter one of subtitle A of the Internal Revenue 2625
Code, or any other business entity through which income flows as a 2626
distributive share to its owners. A partnership, S-corporation, or 2627
other such business entity may elect to pass the credit received 2628
under this section through to the persons to whom the income or 2629
profit of the partnership, S-corporation, or other entity is 2630
distributed. The election shall be made on the annual report 2631
required under division (E)(5) of this section. The election 2632
applies to and is irrevocable for the credit for which the report 2633
is submitted. If the election is made, the credit shall be 2634
apportioned among those persons in the same proportions as those 2635
in which the income or profit is distributed.2636

       (J) If the director of development services determines that a 2637
taxpayer that received a certificate under division (E)(6) of this 2638
section is not complying with the requirement under division 2639
(E)(3) of this section, the director shall notify the tax credit 2640
authority of the noncompliance. After receiving such a notice, and 2641
after giving the taxpayer an opportunity to explain the 2642
noncompliance, the authority may terminate the agreement and 2643
require the taxpayer, or any related member or members that 2644
claimed the tax credit under division (N) of this section, to 2645
refund to the state all or a portion of the credit claimed in 2646
previous years, as follows:2647

        (1) If the taxpayer maintained operations at the project site 2648
for less than or equal to the term of the credit, an amount not to 2649
exceed one hundred per cent of the sum of any tax credits allowed 2650
and received under this section.2651

        (2) If the taxpayer maintained operations at the project site 2652
longer than the term of the credit, but less than the greater of 2653
(a) the term of the credit plus three years, or (b) seven years, 2654
the amount required to be refunded shall not exceed seventy-five 2655
per cent of the sum of any tax credits allowed and received under 2656
this section.2657

       In determining the portion of the credit to be refunded to 2658
this state, the authority shall consider the effect of market 2659
conditions on the taxpayer's project and whether the taxpayer 2660
continues to maintain other operations in this state. After making 2661
the determination, the authority shall certify the amount to be 2662
refunded to the tax commissioner or the superintendent of 2663
insurance. If the taxpayer, or any related member or members who 2664
claimed the tax credit under division (N) of this section, is not 2665
an insurance company, the commissioner shall make an assessment 2666
for that amount against the taxpayer under Chapter 5726., 5733., 2667
5736., 5747., or 5751. of the Revised Code. If the taxpayer, or 2668
any related member or members that claimed the tax credit under 2669
division (N) of this section, is an insurance company, the 2670
superintendent of insurance shall make an assessment under section 2671
5725.222 or 5729.102 of the Revised Code. The time limitations on 2672
assessments under those chapters and sections do not apply to an 2673
assessment under this division, but the commissioner or 2674
superintendent shall make the assessment within one year after the 2675
date the authority certifies to the commissioner or superintendent 2676
the amount to be refunded.2677

       (K) The director of development services, after consultation 2678
with the tax commissioner and the superintendent of insurance and 2679
in accordance with Chapter 119. of the Revised Code, shall adopt 2680
rules necessary to implement this section. The rules may provide 2681
for recipients of tax credits under this section to be charged 2682
fees to cover administrative costs of the tax credit program. The 2683
fees collected shall be credited to the business assistance fund 2684
created in section 122.174 of the Revised Code. At the time the 2685
director gives public notice under division (A) of section 119.03 2686
of the Revised Code of the adoption of the rules, the director 2687
shall submit copies of the proposed rules to the chairpersons of 2688
the standing committees on economic development in the senate and 2689
the house of representatives.2690

       (L) On or before the first day of August of each year, the 2691
director of development services shall submit a report to the 2692
governor, the president of the senate, and the speaker of the 2693
house of representatives on the tax credit program under this 2694
section. The report shall include information on the number of 2695
agreements that were entered into under this section during the 2696
preceding calendar year, a description of the project that is the 2697
subject of each such agreement, and an update on the status of 2698
projects under agreements entered into before the preceding 2699
calendar year.2700

       (M)(1) The aggregate amount of tax credits issued under 2701
division (B)(1) of this section during any calendar year for 2702
capital investment projects reviewed and approved by the tax 2703
credit authority may not exceed the following amounts:2704

       (a) For 2010, thirteen million dollars;2705

       (b) For 2011 through 2023, the amount of the limit for the 2706
preceding calendar year plus thirteen million dollars;2707

       (c) For 2024 and each year thereafter, one hundred 2708
ninety-five million dollars.2709

       (2) The aggregate amount of tax credits authorized under 2710
divisions (B)(2) and (3) of this section and allowed to be claimed 2711
by taxpayers in any calendar year for capital improvement projects 2712
reviewed and approved by the tax credit authority in 2011, 2012, 2713
and 2013 combined shall not exceed twenty-five million dollars. An 2714
amount equal to the aggregate amount of credits first authorized 2715
in calendar year 2011, 2012, and 2013 may be claimed over the 2716
ensuing period up to fifteen years, subject to the terms of 2717
individual tax credit agreements.2718

       The limitations in division (M) of this section do not apply 2719
to credits for capital investment projects approved by the tax 2720
credit authority before July 1, 2009.2721

       (N) This division applies only to an eligible business that 2722
is part of an affiliated group that includes a diversified savings 2723
and loan holding company or a grandfathered unitary savings and 2724
loan holding company, as those terms are defined in section 2725
5726.01 of the Revised Code. Notwithstanding any contrary 2726
provision of the agreement between such an eligible business and 2727
the tax credit authority, any credit granted under this section 2728
against the tax imposed by section 5725.18, 5729.03, 5733.06, 2729
5747.02, or 5751.02 of the Revised Code to the eligible business, 2730
at the election of the eligible business and without any action by 2731
the tax credit authority, may be shared with any member or members 2732
of the affiliated group that includes the eligible business, which 2733
member or members may claim the credit against the taxes imposed 2734
by section 5725.18, 5726.02, 5729.03, 5733.06, 5747.02, or 5751.02 2735
of the Revised Code. Credits shall be claimed by the eligible 2736
business in sequential order, as applicable, first claiming the 2737
credits to the fullest extent possible against the tax that the 2738
certificate holder is subject to, then against the tax imposed by, 2739
sequentially, section 5729.03, 5725.18, 5747.02, 5751.02, and 2740
lastly 5726.02 of the Revised Code. The credits may be allocated 2741
among the members of the affiliated group in such manner as the 2742
eligible business elects, but subject to the sequential order 2743
required under this division. This division applies to credits 2744
granted before, on, or after March 27, 2013, the effective date of 2745
H.B. 510 of the 129th general assembly. Credits granted before 2746
that effective date that are shared and allocated under this 2747
division may be claimed in those calendar years in which the 2748
remaining taxable years specified in the agreement end.2749

       As used in this division, "affiliated group" means a group of 2750
two or more persons with fifty per cent or greater of the value of 2751
each person's ownership interests owned or controlled directly, 2752
indirectly, or constructively through related interests by common 2753
owners during all or any portion of the taxable year, and the 2754
common owners. "Affiliated group" includes, but is not limited to, 2755
any person eligible to be included in a consolidated elected 2756
taxpayer group under section 5751.011 of the Revised Code or a 2757
combined taxpayer group under section 5751.012 of the Revised 2758
Code.2759

       Sec. 122.21.  In administering the urban and rural initiative 2760
grant program created under section 122.20 of the Revised Code, 2761
the director of development services shall do all of the 2762
following:2763

       (A) Annually designate, by the first day of January of each 2764
year, the entities that constitute the eligible areas in this 2765
state;2766

       (B) Adopt rules in accordance with Chapter 119. of the 2767
Revised Code establishing procedures and forms by which eligible 2768
applicants in eligible areas may apply for a grant, which 2769
procedures shall include a requirement that the applicant file a 2770
redevelopment plan; standards and procedures for reviewing 2771
applications and awarding grants; procedures for distributing 2772
grants to recipients; procedures for monitoring the use of grants 2773
by recipients; requirements, procedures, and forms by which 2774
recipients who have received grants shall report their use of that 2775
assistance; and standards and procedures for terminating and 2776
requiring repayment of grants in the event of their improper use. 2777
The rules adopted under this division shall comply with sections 2778
122.19 to 122.22 of the Revised Code and shall include a rule 2779
requiring that an eligible applicant who receives a grant from the 2780
program provide a matching contribution of at least twenty-five 2781
per cent of the amount of the grant awarded to the eligible 2782
applicant.2783

       The rules shall require that any eligible applicant for a 2784
grant for land acquisition demonstrate to the director that the 2785
property to be acquired meets all state environmental requirements 2786
and that utilities for that property are available and adequate. 2787
The rules shall require that any eligible applicant for a grant 2788
for property eligible for the voluntary action program created 2789
under Chapter 3746. of the Revised Code receive disbursement of 2790
grant moneys only after receiving a covenant not to sue from the 2791
director of environmental protection under section 3746.12 of the 2792
Revised Code and shall require that those moneys be disbursed only 2793
as reimbursement of actual expenses incurred in the undertaking of 2794
the voluntary action. The rules shall require that whenever any 2795
money is granted for land acquisition, infrastructure 2796
improvements, or renovation of existing structures in order to 2797
develop an industrial park site for a distressed area, labor 2798
surplus area, or situational distress area as defined in section 2799
122.19 of the Revised Code that also is a distressed area, labor 2800
surplus area, or situational distress area as defined in section 2801
122.23 of the Revised Code, a substantial portion of the site be 2802
used for manufacturing, distribution, high technology, research 2803
and development, or other businesses in which a majority of the 2804
product or service produced is exported out of the state. Any 2805
retail use at the site shall not constitute a primary use but only 2806
a use incidental to other eligible uses. The rules shall require 2807
that whenever any money is granted for land acquisition, 2808
infrastructure improvements, and renovation of existing structures 2809
in order to develop an industrial park site for a distressed area, 2810
labor surplus area, or situational distress area as defined in 2811
section 122.19 of the Revised Code that also is a distressed area, 2812
labor surplus area, or situational distress area as defined in 2813
section 122.23 of the Revised Code, the applicant for the grant 2814
shall verify to the department of development services agency the 2815
existence of a local economic development planning committee in a 2816
municipal corporation, county, or township whose territory 2817
includes the eligible area. The committee shall consist of members 2818
of the public and private sectors who live in that municipal 2819
corporation, county, or township. The local economic development 2820
planning committee shall prepare and submit to the department2821
agency a five-year economic development plan for that municipal 2822
corporation, county, or township that identifies, for the 2823
five-year period covered by the plan, the economic development 2824
strategies of a municipal corporation, county, or township whose 2825
territory includes the proposed industrial park site. The economic 2826
development plan shall describe in detail how the proposed 2827
industrial park would complement other current or planned economic 2828
development programs for that municipal corporation, county, or 2829
township, including, but not limited to, workforce development 2830
initiatives, business retention and expansion efforts, small 2831
business development programs, and technology modernization 2832
programs.2833

       (C) Report to the governor, president of the senate, speaker 2834
of the house of representatives, and minority leaders of the 2835
senate and the house of representatives by the thirtiethfirst day 2836
of JuneAugust of each year on the activities carried out under 2837
the program during the preceding calendar year. The report shall 2838
include the total number of grants made that year, and, for each 2839
individual grant awarded, the following: the amount and recipient, 2840
the eligible applicant, the purpose for awarding the grant, the 2841
number of firms or businesses operating at the awarded site, the 2842
number of employees employed by each firm or business, any excess 2843
capacity at an industrial park site, and any additional 2844
information the director declares to be relevant.2845

       (D) Inform local governments and others in the state of the 2846
availability of grants under section 122.20 of the Revised Code;2847

       (E) Annually compile, pursuant to rules adopted by the 2848
director of development services in accordance with Chapter 119. 2849
of the Revised Code, using pertinent information submitted by any 2850
municipal corporation, county, or township, a list of industrial 2851
parks located in the state. The list shall include the following 2852
information, expressed if possible in terms specified in the 2853
director's rules adopted under this division: location of each 2854
industrial park site, total acreage of each park site, total 2855
occupancy of each park site, total capacity for new business at 2856
each park site, total capacity of each park site for sewer, water, 2857
and electricity, a contact person for each park site, and any 2858
additional information the director declares to be relevant. Once 2859
the list is compiled, the director shall make it available to the 2860
governor, president of the senate, speaker of the house of 2861
representatives, and minority leaders of the senate and the house 2862
of representatives.2863

       Sec. 122.25.  (A) In administering the program established 2864
under section 122.24 of the Revised Code, the director of 2865
development services shall do all of the following:2866

       (1) Annually designate, by the first day of January of each 2867
year, the entities that constitute the eligible areas in this 2868
state as defined in section 122.23 of the Revised Code;2869

       (2) Inform local governments and others in the state of the 2870
availability of the program and financial assistance established 2871
under sections 122.23 to 122.27 of the Revised Code;2872

       (3) Report to the governor, president of the senate, speaker 2873
of the house of representatives, and minority leaders of the 2874
senate and the house of representatives by the thirtiethfirst day 2875
of JuneAugust of each year on the activities carried out under 2876
the program during the preceding calendar year. The report shall 2877
include the number of loans made that year and the amount and 2878
recipient of each loan.2879

       (4) Work in conjunction with conventional lending 2880
institutions, local revolving loan funds, private investors, and 2881
other private and public financing sources to provide loans or 2882
loan guarantees to eligible applicants;2883

       (5) Establish fees, charges, interest rates, payment 2884
schedules, local match requirements, and other terms and 2885
conditions for loans and loan guarantees provided under the 2886
program;2887

       (6) Require each applicant to demonstrate the suitability of 2888
any site for the assistance sought; that the site has been 2889
surveyed, that the site has adequate or available utilities, and 2890
that there are no zoning restrictions, environmental regulations, 2891
or other matters impairing the use of the site for the purpose 2892
intended;2893

       (7) Require each applicant to provide a marketing plan and 2894
management strategy for the project;2895

       (8) Adopt rules establishing all of the following:2896

       (a) Forms and procedures by which eligible applicants may 2897
apply for assistance;2898

       (b) Criteria for reviewing, evaluating, and ranking 2899
applications, and for approving applications that best serve the 2900
goals of the program;2901

       (c) Reporting requirements and monitoring procedures;2902

       (d) Guidelines regarding situations in which industrial parks 2903
would be considered to compete against one another for the 2904
purposes of division (B)(2) of section 122.27 of the Revised Code;2905

       (e) Any other rules necessary to implement and administer the 2906
program.2907

       (B) The director may adopt rules establishing requirements 2908
governing the use of any industrial park site receiving assistance 2909
under section 122.24 of the Revised Code, such that a certain 2910
portion of the site must be used for manufacturing, distribution, 2911
high technology, research and development, or other businesses 2912
wherein a majority of the product or service produced is exported 2913
out of the state.2914

       (C) As a condition of receiving assistance under section 2915
122.24 of the Revised Code, and except as provided in division (D) 2916
of this section, an applicant shall agree, for a period of five 2917
years, not to permit the use of a site that is developed or 2918
improved with such assistance to cause the relocation of jobs to 2919
that site from elsewhere in the state.2920

       (D) A site developed or improved with assistance under 2921
section 122.24 of the Revised Code may be the site of jobs 2922
relocated from elsewhere in the state if the director of 2923
development services does all of the following:2924

       (1) Makes a written determination that the site from which 2925
the jobs would be relocated is inadequate to meet market or 2926
industry conditions, expansion plans, consolidation plans, or 2927
other business considerations affecting the relocating employer;2928

       (2) Provides a copy of the determination required by division 2929
(D)(1) of this section to the members of the general assembly 2930
whose legislative districts include the site from which the jobs 2931
would be relocated;2932

       (3) Determines that the governing body of the area from which 2933
the jobs would be relocated has been notified in writing by the 2934
relocating company of the possible relocation.2935

       (E) The director of development services shall obtain the 2936
approval of the controlling board for any loan or loan guarantee 2937
provided under sections 122.23 to 122.27 of the Revised Code.2938

       Sec. 122.37.  (A) There is hereby created in the department 2939
of development services agency the steel futures program, for the 2940
purpose of preserving and improving the existing industrial base 2941
of the state, improving the economy of the state by providing 2942
employment, increased productivity, and ensuring continued 2943
technological development consistent with these goals, and 2944
maintaining a high standard of living for the people of this 2945
state. The steel futures progamprogram may be supplemental to any 2946
other enterprise assistance program administered by the director 2947
of development services, and shall be administered so as to 2948
provide financial and technical assistance to increase the 2949
competitiveness of existing steel and steel-related industries in 2950
this state, and to encourage establishment and development of new 2951
industries of this type within the state.2952

       Within six months after the effective date of this section, 2953
theThe director shall develop a strategy for financial and 2954
technical assistance to steel and steel-related industries in the 2955
state, which shall include investment policies with regard to 2956
these industries.2957

       (B) In administering the program, the director may consult 2958
with appropriate representatives of steel and steel-related 2959
industries, appropriate representatives of any union that 2960
represents workers in these industries, and other persons with 2961
expert knowledge in these industries.2962

       (C) The director of development services shall consult with 2963
the chairmanchairperson of the public utilities commission to 2964
foster development of public and private cooperative efforts that 2965
result in energy savings and reduced energy costs for steel and 2966
steel-related industries.2967

       (D) Assistance may be made available to steel and 2968
steel-related industries undertaking projects the director 2969
determines to have long-term implications for and broad 2970
applicability to the economy of this state when the director 2971
finds:2972

       (1) The undertaking of projects by the industries will 2973
benefit the people of the state by creating or preserving jobs and 2974
employment opportunities or improving the economic welfare of the 2975
people of this state, and promoting development of new technology 2976
or improving application of existing steel and steel-related 2977
technology.2978

       (2) The undertaking of projects by the industries will allow 2979
them to compete more effectively in the marketplace.2980

       (E) Projects eligible to receive assistance under the steel 2981
futures program may include, but are not limited to, the following 2982
areas:2983

       (1) Research and development specifically related to steel 2984
and steel-related industries and feasibility studies for business 2985
development within these industries;2986

       (2) Employee training;2987

       (3) Labor and management relations; and2988

       (4) Technology-driven capital investment.2989

       (F) Financial and technical assistance may be in the form and 2990
conditioned upon terms as the director considers appropriate.2991

       (G) No later than the thirtiethfirst day of June in the 2992
first year after the effective date of this section, and no later 2993
than the thirtieth day of JuneAugust of each year thereafter, the 2994
director shall submit a report to the general assembly describing 2995
projects of the steel futures program, results obtained from 2996
completed projects of the program, and program projects for the 2997
next fiscal year.2998

       Sec. 122.64.  (A) There is hereby established in the 2999
development services agency a business services division. The 3000
division shall be supervised by a deputy director appointed by the 3001
director of development services.3002

       The division is responsible for the administration of the 3003
state economic development financing programs established pursuant 3004
to sections 122.17 and 122.18, sections 122.39 and 122.41 to 3005
122.62, and Chapter 166. of the Revised Code.3006

       (B) The director of development services shall:3007

       (1) Receive applications for assistance pursuant to sections 3008
122.39 and 122.41 to 122.62 and Chapter 166. of the Revised Code. 3009
The director shall process the applications.3010

       (2) With the approval of the director of administrative 3011
services, establish salary schedules for employees of the various 3012
positions of employment with the division and assign the various 3013
positions to those salary schedules;3014

       (3) Employ and fix the compensation of financial consultants, 3015
appraisers, consulting engineers, superintendents, managers, 3016
construction and accounting experts, attorneys, and other agents 3017
for the assistance programs authorized pursuant to sections 122.17 3018
and 122.18, sections 122.39 and 122.41 to 122.62, and Chapter 166. 3019
of the Revised Code as are necessary;3020

       (4) Supervise the administrative operations of the division;3021

       (5) On or before the first day of OctoberAugust in each 3022
year, make an annual report of the activities and operations under 3023
assistance programs authorized pursuant to sections 122.39 and 3024
122.41 to 122.62 and Chapter 166. of the Revised Code for the 3025
preceding fiscal year to the governor and the general assembly. 3026
Each such report shall set forth a complete operating and 3027
financial statement covering such activities and operations during 3028
the year in accordance with generally accepted accounting 3029
principles and shall be audited by a certified public accountant. 3030
The director of development services shall transmit a copy of the 3031
audited financial report to the office of budget and management.3032

       Sec. 122.86.  (A) As used in this section and section 5747.81 3033
of the Revised Code:3034

       (1) "Small business enterprise" means a corporation, 3035
pass-through entity, or other person satisfying all of the 3036
following:3037

       (a) At the time of a qualifying investment, the enterprise 3038
meets all of the following requirements:3039

       (i) Has no outstanding tax or other liabilities owed to the 3040
state;3041

       (ii) Is in good standing with the secretary of state, if the 3042
enterprise is required to be registered with the secretary;3043

       (iii) Is current with any court-ordered payments;3044

       (iv) Is not engaged in any illegal activity.3045

       (b) At the time of a qualifying investment, the enterprise's 3046
assets according to generally accepted accounting principles do 3047
not exceed fifty million dollars, or its annual sales do not 3048
exceed ten million dollars. When making this determination, the 3049
assets and annual sales of all of the enterprise's related or 3050
affiliated entities shall be included in the calculation.3051

       (c) The enterprise employs at least fifty full-time 3052
equivalent employees in this state for whom the enterprise is 3053
required to withhold income tax under section 5747.06 of the 3054
Revised Code, or more than one-half the enterprise's total number 3055
of full-time equivalent employees employed anywhere in the United 3056
States are employed in this state and are subject to that 3057
withholding requirement.3058

       (d) The enterprise, within six months after an eligible 3059
investor's qualifying investment is made, invests in or incurs 3060
cost for one or more of the following in an amount at least equal 3061
to the amount of the qualifying investment:3062

       (i) Tangible personal property, other than motor vehicles 3063
operated on public roads and highways, used in business and 3064
physically located in this state from the time of its acquisition 3065
by the enterprise until the end of the investor's holding period;3066

       (ii) Motor vehicles operated on public roads and highways if, 3067
from the time of acquisition by the enterprise until the end of 3068
the investor's holding period, the motor vehicles are purchased in 3069
this state, registered in this state under Chapter 4503. of the 3070
Revised Code, are used primarily for business purposes, and are 3071
necessary for the operation of the enterprise's business;3072

       (iii) Real property located in this state that is used in 3073
business from the time of its acquisition by the enterprise until 3074
the end of the holding period;3075

       (iv) Intangible personal property, including patents, 3076
copyrights, trademarks, service marks, or licenses used in 3077
business primarily in this state from the time of its acquisition 3078
by the enterprise until the end of the holding period;3079

       (v) Compensation for new employees of the enterprise for whom 3080
the enterprise is required to withhold income tax under section 3081
5747.06 of the Revised Code, not including increased compensation 3082
for owners, officers, or managers of the enterprise. For this 3083
purpose compensation for new employees includes compensation for 3084
newly hired or retained employees.3085

       (2) "Qualifying investment" means an investment of money made 3086
on or after July 1, 2011, to acquire capital stock or other equity 3087
interest in a small business enterprise. "Qualifying investment" 3088
does not include either of the following:3089

       (a) Any investment of money an eligible investor derives, 3090
directly or indirectly, from a grant or loan from the federal 3091
government or the state or a political subdivision, including the 3092
third frontier program under Chapter 184. of the Revised Code;3093

       (b) Any investment of money which is the basis of a tax 3094
credit granted under any other section of the Revised Code.3095

       (3) "Eligible investor" means an individual, estate, or trust 3096
subject to the tax imposed by section 5747.02 of the Revised Code, 3097
or a pass-through entity in which such an individual, estate, or 3098
trust holds a direct or indirect ownership or other equity 3099
interest. To qualify as an eligible investor, the individual, 3100
estate, trust, or pass-through entity shall not owe any 3101
outstanding tax or other liability to the state at the time of a 3102
qualifying investment.3103

       (4) "Holding period" means:3104

       (a) For qualifying investments made on or after July 1, 2011, 3105
but before July 1, 2013, the two-year period beginning on the day 3106
the investment was made;3107

       (b) For qualifying investments made on or after July 1, 2013, 3108
the five-year period beginning on the day the investment wasa 3109
qualifying investment is made.3110

       (5) "Pass-through entity" has the same meaning as in section 3111
5733.04 of the Revised Code.3112

       (B) Any eligible investor that makes a qualifying investment 3113
in a small business enterprise on or after July 1, 2011, may apply 3114
to the director of development services to obtain a small business 3115
investment certificate from the director. Alternatively, a small 3116
business enterprise may apply on behalf of eligible investors to 3117
obtain the certificates for those investors. The director, in 3118
consultation with the tax commissioner, shall prescribe the form 3119
or manner in which an applicant shall apply for the certificate, 3120
devise the form of the certificate, and prescribe any records or 3121
other information an applicant shall furnish with the application 3122
to evidence the qualifying investment. The applicant shall state 3123
the amount of the intended investment. The applicant shall pay an 3124
application fee equal to the greater of one-tenth of one per cent 3125
of the amount of the intended investment or one hundred dollars.3126

       A small business investment certificate entitles the 3127
certificate holder to receive a tax credit under section 5747.81 3128
of the Revised Code if the certificate holder qualifies for the 3129
credit as otherwise provided in this section. If the certificate 3130
holder is a pass-through entity, the certificate entitles the 3131
entity's equity owners to receive their distributive or 3132
proportionate shares of the credit. In any fiscal biennium, an 3133
eligible investor may not apply for small business investment 3134
certificates representing intended investment amounts in excess of 3135
ten million dollars. Such certificates are not transferable.3136

       The director of development services may reserve small 3137
business investment certificates to qualifying applicants in the 3138
order in which the director receives applications, but may issue 3139
the certificates as the applications are completed. An application 3140
is completed when the director has validated that an eligible 3141
investor has made a qualified investment and the small business 3142
enterprise has made the appropriate reinvestment of the qualified 3143
investment pursuant to the requirements of division (A)(1)(d) of 3144
this section. To qualify for a certificate, an eligible investor 3145
must satisfy both of the following, subject to the limitation on 3146
the amount of qualifying investments for which certificates may be 3147
issued under division (C) of this section:3148

       (1) The eligible investor makes a qualifying investment on or 3149
after July 1, 2011.3150

       (2) The eligible investor pledges not to sell or otherwise 3151
dispose of the qualifying investment before the conclusion of the 3152
applicable holding period.3153

       (C)(1) The amount of any eligible investor's qualifying 3154
investments for which small business investment certificates may 3155
be issued for a fiscal biennium shall not exceed ten million 3156
dollars.3157

       (2) The director of development services shall not issue a 3158
small business investment certificate to an eligible investor 3159
representing an amount of qualifying investment in excess of the 3160
amount of the intended investment indicated on the investor's 3161
application for the certificate.3162

        (3) The director of development services shall not issue 3163
small business investment certificates in a total amount that 3164
would cause the tax credits claimed in any fiscal biennium to 3165
exceed one hundred million dollars.3166

       (4) The director of development services may issue a small 3167
business investment certificate only if both of the following 3168
apply at the time of issuance: 3169

       (a) The small business enterprise meets all the requirements 3170
listed in divisions (A)(1)(a)(i) to (iv) of this section; 3171

       (b) The eligible investor does not owe any outstanding tax or 3172
other liability to the state. 3173

       (D) Before the end of the applicable holding period of a 3174
qualifying investment, each enterprise in which a qualifying 3175
investment was made for which a small business investment 3176
certificate has been issued, upon the request of the director of 3177
development services, shall provide to the director records or 3178
other evidence satisfactory to the director that the enterprise is 3179
a small business enterprise for the purposes of this section. Each 3180
enterprise shall also provide annually to the director records or 3181
evidence regarding the number of jobs created or retained in the 3182
state. No credit may be claimed under this section and section 3183
5747.81 of the Revised Code if the director finds that an 3184
enterprise is not a small business enterprise for the purposes of 3185
this section. The director shall compile and maintain a register 3186
of small business enterprises qualifying under this section and 3187
shall certify the register to the tax commissioner. The director 3188
shall also compile and maintain a record of the number of jobs 3189
created or retained as a result of qualifying investments made 3190
pursuant to this section.3191

       (E) After the conclusion of the applicable holding period for 3192
a qualifying investment, a person to whom a small business 3193
investment certificate has been issued under this section may 3194
claim a credit as provided under section 5747.81 of the Revised 3195
Code. 3196

       (F) The director of development services, in consultation 3197
with the tax commissioner, may adopt rules for the administration 3198
of this section, including rules governing the following:3199

       (1) Documents, records, or other information eligible 3200
investors shall provide to the director; 3201

       (2) Any information a small business enterprise shall provide 3202
for the purposes of this section and section 5747.81 of the 3203
Revised Code;3204

       (3) Determination of the number of full-time equivalent 3205
employees of a small business enterprise;3206

       (4) Verification of a small business enterprise's investment 3207
in tangible personal property and intangible personal property 3208
under division (A)(1)(d) of this section, including when such 3209
investments have been made and where the property is used in 3210
business;3211

       (5) Circumstances under which small business enterprises or 3212
eligible investors may be subverting the purposes of this section 3213
and section 5747.81 of the Revised Code.3214

       There is hereby created in the state treasury the InvestOhio 3215
support fund. The fund shall consist of the fees paid under 3216
division (B) of this section and shall be used by the development 3217
services agency to pay the costs of administering the small 3218
business investment certificate program established under this 3219
section.3220

       Sec. 122.861.  (A) As used in this section:3221

        (1) "Certified engine configuration" means a new, rebuilt, or 3222
remanufactured engine configuration that satisfies divisions 3223
(A)(1)(a) and (b) and, if applicable, division (A)(1)(c) of this 3224
section:3225

        (a) It has been certified by the administrator of the United 3226
States environmental protection agency or the California air 3227
resources board.3228

        (b) It meets or is rebuilt or remanufactured to a more 3229
stringent set of engine emission standards than when originally 3230
manufactured, as determined pursuant to Subtitle G of Title VII of 3231
the Energy Policy Act of 2005, Pub. L. No. 109-58, 119 Stat. 838, 3232
et seq.3233

        (c) In the case of a certified engine configuration involving 3234
the replacement of an existing engine, an engine configuration 3235
that replaced an engine that was removed from the vehicle and 3236
returned to the supplier for remanufacturing to a more stringent 3237
set of engine emissions standards or for scrappage.3238

        (2) "Section 793" means section 793 of the Energy Policy Act 3239
of 2005, Pub. L. No. 109-58, 119 Stat. 841, et seq.3240

        (3) "Verified technology" means a pollution control 3241
technology, including a retrofit technology, advanced truckstop 3242
electrification system, or auxiliary power unit, that has been 3243
verified by the administrator of the United States environmental 3244
protection agency or the California air resources board.3245

        (B) For the purpose of reducing emissions from diesel 3246
engines, the director of environmental protection shall administer 3247
a diesel emissions reduction grant program and a diesel emissions 3248
reduction revolving loanclean diesel school bus program. The 3249
programs shall provide for the implementation in this state of 3250
section 793 and shall otherwise be administered in compliance with 3251
the requirements of section 793, and any regulations issued 3252
pursuant to that section.3253

        The director shall apply to the administrator of the United 3254
States environmental protection agency for grant or loan funds 3255
available under section 793 to help fund the diesel emissions 3256
reduction grant program and the diesel emissions reduction 3257
revolving loanclean diesel school bus program. 3258

        (C) There is hereby created in the state treasury the diesel 3259
emissions reduction revolving loan fund consisting of money 3260
appropriated to it by the general assembly, any grants obtained 3261
from the federal government under section 793, and any other 3262
grants, gifts, or other contributions of money made to the credit 3263
of the fund. Money in the fund shall be used for the purpose of 3264
making loans for projects relating to certified engine 3265
configurations and verified technologies in a manner consistent 3266
with the requirements of section 793 and any regulations issued 3267
pursuant to that section. Interest earned from moneys in the fund 3268
shall be used to administer the diesel emissions reduction 3269
revolving loan program.3270

       Sec. 122.89.  (A) The director of development services may 3271
execute bonds as surety for minority businesses as principals, on 3272
contracts with the state, any political subdivision or 3273
instrumentality thereof, or any person as the obligee. The 3274
director as surety may exercise all the rights and powers of a 3275
company authorized by the department of insurance to execute bonds 3276
as surety but shall not be subject to any requirements of a surety 3277
company under Title XXXIX of the Revised Code nor to any rules of 3278
the department of insurance.3279

       (B) The director, with the advice of the minority development 3280
financing advisory board, shall adopt rules under Chapter 119. of 3281
the Revised Code establishing procedures for application for 3282
surety bonds by minority businesses and for review and approval of 3283
applications. The board shall review each application in 3284
accordance with the rules and, based on the bond worthiness of 3285
each applicant, shall refer all qualified applicants to the 3286
director. Based on the recommendation of the board, the director 3287
shall determine whether or not the applicant shall receive 3288
bonding.3289

       (C) The rules of the board shall require the minority 3290
business to pay a premium in advance for the bond to be 3291
established by the director, with the advice of the board after 3292
the director receives advice from the superintendent of insurance 3293
regarding the standard market rates for premiums for similar 3294
bonds. All premiums paid by minority businesses shall be paid into 3295
the minority business bonding program administrative and loss 3296
reserve fund.3297

       (D) The rules of the board shall provide for a retainage of 3298
money paid to the minority business or EDGE business enterprise of 3299
fifteen per cent for a contract valued at more than fifty thousand 3300
dollars and for a retainage of twelve per cent for a contract 3301
valued at fifty thousand dollars or less.3302

       (E) The penal sum amounts of all outstanding bonds issued by 3303
the director shall not exceed the amount of moneys in the minority 3304
business bonding fund and available to the fund under division (B) 3305
of section 169.05 of the Revised Code.3306

       (F) The superintendent of insurance shall provide such 3307
technical and professional assistance as is considered necessary 3308
by the director, including providing advice regarding the standard 3309
market rates for bond premiums as described under division (C) of 3310
this section.3311

       (G) Notwithstanding any provision of the Revised Code to the 3312
contrary, a minority business or EDGE business enterprise may bid 3313
or enter into a contract with the state or with any 3314
instrumentality of the state without being required to provide a 3315
bond as follows:3316

       (1) For the first contract that a minority business or EDGE 3317
business enterprise enters into with the state or with any 3318
particular instrumentality of the state, the minority business or 3319
EDGE business enterprise may bid or enter into a contract valued 3320
at twenty-five thousand dollars or less without being required to 3321
provide a bond, but only if the minority business or EDGE business 3322
enterprise is participating in a qualified contractor assistance 3323
program or has successfully completed a qualified contractor 3324
assistance program after the effective date of this amendment3325
October 16, 2009;3326

       (2) After the state or any particular instrumentality of the 3327
state has accepted the first contract as completed and all 3328
subcontractors and suppliers on the contract have been paid, the 3329
minority business or EDGE business enterprise may bid or enter 3330
into a second contract with the state or with that particular 3331
instrumentality of the state valued at fifty thousand dollars or 3332
less without being required to provide a bond, but only if the 3333
minority business or EDGE business enterprise is participating in 3334
a qualified contractor assistance program or has successfully 3335
completed a qualified contractor assistance program after the 3336
effective date of this amendmentOctober 16, 2009;3337

       (3) After the state or any particular instrumentality of the 3338
state has accepted the second contract as completed and all 3339
subcontractors and suppliers on the contract have been paid, the 3340
minority business or EDGE business enterprise may bid or enter 3341
into a third contract with the state or with that particular 3342
instrumentality of the state valued at one hundred thousand 3343
dollars or less without being required to provide a bond, but only 3344
if the minority business or EDGE business enterprise has 3345
successfully completed a qualified contractor assistance program 3346
after the effective date of this amendmentOctober 16, 2009;3347

       (4) After the state or any particular instrumentality of the 3348
state has accepted the third contract as completed and all 3349
subcontractors and suppliers on the contract have been paid, the 3350
minority business or EDGE business enterprise may bid or enter 3351
into a fourth contract with the state or with that particular 3352
instrumentality of the state valued at three hundred thousand 3353
dollars or less without being required to provide a bond, but only 3354
if the minority business or EDGE business enterprise has 3355
successfully completed a qualified contractor assistance program 3356
after the effective date of this amendmentOctober 16, 2009;3357

       (5) After the state or any instrumentality of the state has 3358
accepted the fourth contract as completed and all subcontractors 3359
and suppliers on the contract have been paid, upon a showing that 3360
with respect to a contract valued at four hundred thousand dollars 3361
or less with the state or with any particular instrumentality of 3362
the state, that the minority business or EDGE business enterprise 3363
either has been denied a bond by two surety companies or that the 3364
minority business or EDGE business enterprise has applied to two 3365
surety companies for a bond and, at the expiration of sixty days 3366
after making the application, has neither received nor been denied 3367
a bond, the minority business or EDGE business enterprise may 3368
repeat its participation in the unbonded state contractor program. 3369
Under no circumstances shall a minority business or EDGE business 3370
enterprise be permitted to participate in the unbonded state 3371
contractor program more than twice.3372

       (H) Notwithstanding any provision of the Revised Code to the 3373
contrary, a minority business or EDGE business enterprise may bid 3374
or enter into a contract with any political subdivision of the 3375
state or with any instrumentality of a political subdivision 3376
without being required to provide a bond as follows:3377

       (1) For the first contract that the minority business or EDGE 3378
business enterprise enters into with any particular political 3379
subdivision of the state or with any particular instrumentality of 3380
a political subdivision, the minority business or EDGE business 3381
enterprise may bid or enter into a contract valued at twenty-five 3382
thousand dollars or less without being required to provide a bond, 3383
but only if the minority business or EDGE business enterprise is 3384
participating in a qualified contractor assistance program or has 3385
successfully completed a qualified contractor assistance program 3386
after the effective date of this amendmentOctober 16, 2009;3387

       (2) After any political subdivision of the state or any 3388
instrumentality of a political subdivision has accepted the first 3389
contract as completed and all subcontractors and suppliers on the 3390
contract have been paid, the minority business or EDGE business 3391
enterprise may bid or enter into a second contract with that 3392
particular political subdivision of the state or with that 3393
particular instrumentality of a political subdivision valued at 3394
fifty thousand dollars or less without being required to provide a 3395
bond, but only if the minority business or EDGE business 3396
enterprise is participating in a qualified contractor assistance 3397
program or has successfully completed a qualified contractor 3398
assistance program after the effective date of this amendment3399
October 16, 2009;3400

       (3) After any political subdivision of the state or any 3401
instrumentality of a political subdivision has accepted the second 3402
contract as completed and all subcontractors and suppliers on the 3403
contract have been paid, the minority business or EDGE business 3404
enterprise may bid or enter into a third contract with that 3405
particular political subdivision of the state or with that 3406
particular instrumentality of a political subdivision valued at 3407
one hundred thousand dollars or less without being required to 3408
provide a bond, but only if the minority business or EDGE business 3409
enterprise has successfully completed a qualified contractor 3410
assistance program after the effective date of this amendment3411
October 16, 2009;3412

       (4) After any political subdivision of the state or any 3413
instrumentality of a political subdivision has accepted the third 3414
contract as completed and all subcontractors and suppliers on the 3415
contract have been paid, the minority business or EDGE business 3416
enterprise may bid or enter into a fourth contract with that 3417
particular political subdivision of the state or with that 3418
particular instrumentality of a political subdivision valued at 3419
two hundred thousand dollars or less without being required to 3420
provide a bond, but only if the minority business or EDGE business 3421
enterprise has successfully completed a qualified contractor 3422
assistance program after the effective date of this amendment3423
October 16, 2009;3424

       (5) After any political subdivision of the state or any 3425
instrumentality of a political subdivision has accepted the fourth 3426
contract as completed and all subcontractors and suppliers on the 3427
contract have been paid, upon a showing that with respect to a 3428
contract valued at three hundred thousand dollars or less with any 3429
political subdivision of the state or any instrumentality of a 3430
political subdivision, that the minority business or EDGE business 3431
enterprise either has been denied a bond by two surety companies 3432
or that the minority business or EDGE business enterprise has 3433
applied to two surety companies for a bond and, at the expiration 3434
of sixty days after making the application, has neither received 3435
nor been denied a bond, the minority business or EDGE business 3436
enterprise may repeat its participation in the unbonded political 3437
subdivision contractor program. Under no circumstances shall a 3438
minority business or EDGE business enterprise be permitted to 3439
participate in the unbonded political subdivision contractor 3440
program more than twice.3441

       (I) Notwithstanding any provision of the Revised Code to the 3442
contrary, if a minority business or EDGE business enterprise has 3443
entered into two or more contracts with the state or with any 3444
instrumentality of the state, the minority business or EDGE 3445
business enterprise may bid or enter into a contract with a 3446
political subdivision of the state or with any instrumentality of 3447
a political subdivision valued at the level at which the minority 3448
business or EDGE business enterprise would qualify if entering 3449
into an additional contract with the state.3450

       (J) The director of development services shall coordinate and 3451
oversee the unbonded state contractor program described in 3452
division (G) of this section, the unbonded political subdivision 3453
contractor program described in division (H) of this section, and 3454
the approval of a qualified contractor assistance program. The 3455
director shall prepare an annual report and submit it to the 3456
governor and the general assembly on or before the first day of 3457
FebruaryAugust that includes the following: information on the 3458
director's activities for the preceding calendar year regarding 3459
the unbonded state contractor program, the unbonded political 3460
subdivision contractor program, and the qualified contractor 3461
assistance program; a summary and description of the operations 3462
and activities of these programs; an assessment of the 3463
achievements of these programs; and a recommendation as to whether 3464
these programs need to continue.3465

       (K) As used in this section:3466

       (1) "EDGE business enterprise" means an EDGE business 3467
enterprise certified under section 123.152 of the Revised Code.3468

       (2) "Qualified contractor assistance program" means an 3469
educational program or technical assistance program for business 3470
development that is designed to assist a minority business or EDGE 3471
business enterprise in becoming eligible for bonding and has been 3472
approved by the director of development services for use as 3473
required under this section.3474

       (3) "Successfully completed a qualified contractor assistance 3475
program" means the minority business or EDGE business enterprise 3476
completed such a program on or after the effective date of this 3477
amendmentOctober 16, 2009. 3478

       (4) "Unbonded state contractor program" means the program 3479
described in division (G) of this section.3480

       (5) "Unbonded political subdivision contractor program" means 3481
the program described in division (H) of this section.3482

       Sec. 122.94.  The director of development services shall:3483

       (A) Promulgate rules in accordance with Chapter 119. of the 3484
Revised Code for the conduct of the minority business development 3485
division's business and for carrying out the purposes of sections 3486
122.92 to 122.94 of the Revised Code;3487

       (B) Prepare an annual report to the governor and the general 3488
assembly on or before the first day of FebruaryAugust of its 3489
activities for the preceding calendar year. 3490

       Sec. 122.941.  (A) On or before the first day of October3491
August in each year, the director of development services shall 3492
make an annual report of the activities and operations under the 3493
assistance programs of the departmentdevelopment services agency3494
for the preceding fiscal year to the governor and general 3495
assembly. The annual report shall include a detailing of those 3496
grants, guarantees, loans, and other forms of state assistance to 3497
women-owned businesses.3498

       (B) As used in this section:3499

       (1) "Women-owned business" means any individual, partnership, 3500
corporation, or joint venture of any kind that is owned and 3501
controlled by women who are United States citizens and residents 3502
of this state.3503

       (2) "Owned and controlled" means that at least fifty-one per 3504
cent of the business, including corporate stock if it is a 3505
corporation, is owned by women and that such owners have control 3506
over the day-to-day operations of the business and an interest in 3507
the capital, assets, and profits and losses of the business 3508
proportionate to their percentage of ownership. In order to 3509
qualify as a women-owned business, a business shall have been 3510
owned by such owners at least one year.3511

       Sec. 123.01.  (A) The department of administrative services, 3512
in addition to those powers enumerated in Chapters 124. and 125. 3513
of the Revised Code and provided elsewhere by law, shall exercise 3514
the following powers:3515

       (1) To prepare and suggest comprehensive plans for the 3516
development of grounds and buildings under the control of a state 3517
agency;3518

       (2) To acquire, by purchase, gift, devise, lease, or grant, 3519
all real estate required by a state agency, in the exercise of 3520
which power the department may exercise the power of eminent 3521
domain, in the manner provided by sections 163.01 to 163.22 of the 3522
Revised Code;3523

       (3) To erect, supervise, and maintain all public monuments 3524
and memorials erected by the state, except where the supervision 3525
and maintenance is otherwise provided by law;3526

       (4) To procure, by lease, storage accommodations for a state 3527
agency;3528

       (5) To lease or grant easements or licenses for unproductive 3529
and unused lands or other property under the control of a state 3530
agency. Such leases, easements, or licenses may be granted to any 3531
person or entity, shall be for a period not to exceed fifteen 3532
years, and shall be executed for the state by the director of 3533
administrative services, provided that the director shall grant 3534
leases, easements, or licenses of university land for periods not 3535
to exceed twenty-five years for purposes approved by the 3536
respective university's board of trustees wherein the uses are 3537
compatible with the uses and needs of the university and may grant 3538
leases of university land for periods not to exceed forty years 3539
for purposes approved by the respective university's board of 3540
trustees pursuant to section 123.17 of the Revised Code.3541

       (6) To lease space for the use of a state agency;3542

       (7) To have general supervision and care of the storerooms, 3543
offices, and buildings leased for the use of a state agency;3544

       (8) To exercise general custodial care of all real property 3545
of the state;3546

       (9) To assign and group together state offices in any city in 3547
the state and to establish, in cooperation with the state agencies 3548
involved, rules governing space requirements for office or storage 3549
use;3550

       (10) To lease for a period not to exceed forty years, 3551
pursuant to a contract awarded under section 125.071 of the 3552
Revised Code, providing for the construction thereof, renovation, 3553
or other improvement under a lease-purchase planor 3554
lease-leaseback agreement, of buildings, structures, and other 3555
improvements for any public purpose, and, in conjunction 3556
therewith, to grant leases, easements, or licenses for lands under 3557
the control of a state agency for a period not to exceed forty 3558
years. The lease-purchase planor lease-leaseback agreement shall 3559
provide that at the end of the lease period, the buildings, 3560
structures, and related improvements, together with the land on 3561
which they are situated, shall become the property of the state 3562
without cost.3563

       (a) Whenever any building, structure, or other improvement is 3564
to be so leased by a state agency, the department shall retain 3565
either basic plans, specifications, bills of materials, and 3566
estimates of cost with sufficient detail to afford bidders all 3567
needed information or, alternatively, all of the following plans, 3568
details, bills of materials, and specifications:3569

       (i) Full and accurate plans suitable for the use of mechanics 3570
and other builders in the improvement; 3571

       (ii) Details to scale and full sized, so drawn and 3572
represented as to be easily understood;3573

       (iii) Accurate bills showing the exact quantity of different 3574
kinds of material necessary to the construction;3575

       (iv) Definite and complete specifications of the work to be 3576
performed, together with such directions as will enable a 3577
competent mechanic or other builder to carry them out and afford 3578
bidders all needed information;3579

       (v) A full and accurate estimate of each item of expense and 3580
of the aggregate cost thereof.3581

       (b) The department shall give public notice, in such 3582
newspaper, in such form, and with such phraseology as the director 3583
of administrative services prescribes, published once each week 3584
for four consecutive weeks, of the time when and place where bids 3585
will be received for entering into an agreement to lease to a 3586
state agency a building, structure, or other improvement. The last 3587
publication shall be at least eight days preceding the day for 3588
opening the bids. The bids shall contain the terms upon which the 3589
builder would propose to lease the building, structure, or other 3590
improvement to the state agency. The form of the bid approved by 3591
the department shall be used, and a bid is invalid and shall not 3592
be considered unless that form is used without change, alteration, 3593
or addition. Before submitting bids pursuant to this section, any 3594
builder shall comply with Chapter 153. of the Revised Code.3595

       (c) On the day and at the place named for receiving bids for 3596
entering into lease agreements with a state agency, the director 3597
of administrative services shall open the bids and shall publicly 3598
proceed immediately to tabulate the bids upon duplicate sheets. No 3599
lease agreement shall be entered into until the bureau of workers' 3600
compensation has certified that the person to be awarded the lease 3601
agreement has complied with Chapter 4123. of the Revised Code, 3602
until, if the builder submitting the lowest and best bid is a 3603
foreign corporation, the secretary of state has certified that the 3604
corporation is authorized to do business in this state, until, if 3605
the builder submitting the lowest and best bid is a person 3606
nonresident of this state, the person has filed with the secretary 3607
of state a power of attorney designating the secretary of state as 3608
its agent for the purpose of accepting service of summons in any 3609
action brought under Chapter 4123. of the Revised Code, and until 3610
the agreement is submitted to the attorney general and the 3611
attorney general's approval is certified thereon. Within thirty 3612
days after the day on which the bids are received, the department 3613
shall investigate the bids received and shall determine that the 3614
bureau and the secretary of state have made the certifications 3615
required by this section of the builder who has submitted the 3616
lowest and best bid. Within ten days of the completion of the 3617
investigation of the bids, the department shall award the lease 3618
agreement to the builder who has submitted the lowest and best bid 3619
and who has been certified by the bureau and secretary of state as 3620
required by this section. If bidding for the lease agreement has 3621
been conducted upon the basis of basic plans, specifications, 3622
bills of materials, and estimates of costs, upon the award to the 3623
builder the department, or the builder with the approval of the 3624
department, shall appoint an architect or engineer licensed in 3625
this state to prepare such further detailed plans, specifications, 3626
and bills of materials as are required to construct the building, 3627
structure, or improvement. The department shall adopt such rules 3628
as are necessary to give effect to this section. The department 3629
may reject any bid. Where there is reason to believe there is 3630
collusion or combination among bidders, the bids of those 3631
concerned therein shall be rejected.3632

       Any person or entity entering into a lease-purchase or 3633
lease-leaseback agreement shall provide plans satisfactory to the 3634
department that detail the nature and cost, including financing 3635
costs, of the construction, renovation, or other improvement.3636

       (11) To acquire by purchase, gift, devise, or grant and to 3637
transfer, lease, or otherwise dispose of all real property 3638
required to assist in the development of a conversion facility as 3639
defined in section 5709.30 of the Revised Code as that section 3640
existed before its repeal by Amended Substitute House Bill 95 of 3641
the 125th general assembly;3642

       (12) To lease for a period not to exceed forty years, 3643
notwithstanding any other division of this section, the 3644
state-owned property located at 408-450 East Town Street, 3645
Columbus, Ohio, formerly the state school for the deaf, to a 3646
developer in accordance with this section. "Developer," as used in 3647
this section, has the same meaning as in section 123.77 of the 3648
Revised Code.3649

       Such a lease shall be for the purpose of development of the 3650
land for use by senior citizens by constructing, altering, 3651
renovating, repairing, expanding, and improving the site as it 3652
existed on June 25, 1982. A developer desiring to lease the land 3653
shall prepare for submission to the department a plan for 3654
development. Plans shall include provisions for roads, sewers, 3655
water lines, waste disposal, water supply, and similar matters to 3656
meet the requirements of state and local laws. The plans shall 3657
also include provision for protection of the property by insurance 3658
or otherwise, and plans for financing the development, and shall 3659
set forth details of the developer's financial responsibility.3660

       The department may employ, as employees or consultants, 3661
persons needed to assist in reviewing the development plans. Those 3662
persons may include attorneys, financial experts, engineers, and 3663
other necessary experts. The department shall review the 3664
development plans and may enter into a lease if it finds all of 3665
the following:3666

       (a) The best interests of the state will be promoted by 3667
entering into a lease with the developer;3668

       (b) The development plans are satisfactory;3669

       (c) The developer has established the developer's financial 3670
responsibility and satisfactory plans for financing the 3671
development.3672

       The lease shall contain a provision that construction or 3673
renovation of the buildings, roads, structures, and other 3674
necessary facilities shall begin within one year after the date of 3675
the lease and shall proceed according to a schedule agreed to 3676
between the department and the developer or the lease will be 3677
terminated. The lease shall contain such conditions and 3678
stipulations as the director considers necessary to preserve the 3679
best interest of the state. Moneys received by the state pursuant 3680
to this lease shall be paid into the general revenue fund. The 3681
lease shall provide that at the end of the lease period the 3682
buildings, structures, and related improvements shall become the 3683
property of the state without cost.3684

       (13) To manage the use of space owned and controlled by the 3685
department, including space in property under the jurisdiction of 3686
the Ohio building authority, by doing all of the following:3687

       (a) Biennially implementing, by state agency location, a 3688
census of agency employees assigned space;3689

        (b) Periodically in the discretion of the director of 3690
administrative services:3691

       (i) Requiring each state agency to categorize the use of 3692
space allotted to the agency between office space, common areas, 3693
storage space, and other uses, and to report its findings to the 3694
department;3695

        (ii) Creating and updating a master space utilization plan 3696
for all space allotted to state agencies. The plan shall 3697
incorporate space utilization metrics.3698

        (iii) Conducting a cost-benefit analysis to determine the 3699
effectiveness of state-owned buildings;3700

        (iv) Assessing the alternatives associated with consolidating 3701
the commercial leases for buildings located in Columbus.3702

        (c) Commissioning a comprehensive space utilization and 3703
capacity study in order to determine the feasibility of 3704
consolidating existing commercially leased space used by state 3705
agencies into a new state-owned facility.3706

       (14) To adopt rules to ensure that energy efficiency and 3707
conservation is considered in the purchase of products and 3708
equipment, except motor vehicles, by any state agency, department, 3709
division, bureau, office, unit, board, commission, authority, 3710
quasi-governmental entity, or institution. The department may 3711
require minimum energy efficiency standards for purchased products 3712
and equipment based on federal testing and labeling if available 3713
or on standards developed by the department. When possible, the 3714
rules shall apply to the competitive selection of energy consuming 3715
systems, components, and equipment under Chapter 125. of the 3716
Revised Code.3717

       (15) To ensure energy efficient and energy conserving 3718
purchasing practices by doing all of the following:3719

       (a) Identifying available energy efficiency and conservation 3720
opportunities;3721

       (b) Providing for interchange of information among purchasing 3722
agencies;3723

       (c) Identifying laws, policies, rules, and procedures that 3724
should be modified;3725

       (d) Monitoring experience with and the cost-effectiveness of 3726
this state's purchase and use of motor vehicles and of major 3727
energy-consuming systems, components, equipment, and products 3728
having a significant impact on energy consumption by the 3729
government;3730

       (e) Providing technical assistance and training to state 3731
employees involved in the purchasing process;3732

       (f) Working with the development services agency to make 3733
recommendations regarding planning and implementation of 3734
purchasing policies and procedures that are supportive of energy 3735
efficiency and conservation.3736

       (16) To require all state agencies, departments, divisions, 3737
bureaus, offices, units, commissions, boards, authorities, 3738
quasi-governmental entities, institutions, and state institutions 3739
of higher education to implement procedures to ensure that all of 3740
the passenger automobiles they acquire in each fiscal year, except 3741
for those passenger automobiles acquired for use in law 3742
enforcement or emergency rescue work, achieve a fleet average fuel 3743
economy of not less than the fleet average fuel economy for that 3744
fiscal year as the department shall prescribe by rule. The 3745
department shall adopt the rule prior to the beginning of the 3746
fiscal year, in accordance with the average fuel economy standards 3747
established by federal law for passenger automobiles manufactured 3748
during the model year that begins during the fiscal year.3749

       Each state agency, department, division, bureau, office, 3750
unit, commission, board, authority, quasi-governmental entity, 3751
institution, and state institution of higher education shall 3752
determine its fleet average fuel economy by dividing the total 3753
number of passenger vehicles acquired during the fiscal year, 3754
except for those passenger vehicles acquired for use in law 3755
enforcement or emergency rescue work, by a sum of terms, each of 3756
which is a fraction created by dividing the number of passenger 3757
vehicles of a given make, model, and year, except for passenger 3758
vehicles acquired for use in law enforcement or emergency rescue 3759
work, acquired during the fiscal year by the fuel economy measured 3760
by the administrator of the United States environmental protection 3761
agency, for the given make, model, and year of vehicle, that 3762
constitutes an average fuel economy for combined city and highway 3763
driving.3764

       As used in division (A)(16) of this section, "acquired" means 3765
leased for a period of sixty continuous days or more, or 3766
purchased.3767

       (B) This section and section 125.02 of the Revised Code shall 3768
not interfere with any of the following:3769

       (1) The power of the adjutant general to purchase military 3770
supplies, or with the custody of the adjutant general of property 3771
leased, purchased, or constructed by the state and used for 3772
military purposes, or with the functions of the adjutant general 3773
as director of state armories;3774

       (2) The power of the director of transportation in acquiring 3775
rights-of-way for the state highway system, or the leasing of 3776
lands for division or resident district offices, or the leasing of 3777
lands or buildings required in the maintenance operations of the 3778
department of transportation, or the purchase of real property for 3779
garage sites or division or resident district offices, or in 3780
preparing plans and specifications for and constructing such 3781
buildings as the director may require in the administration of the 3782
department;3783

       (3) The power of the director of public safety and the 3784
registrar of motor vehicles to purchase or lease real property and 3785
buildings to be used solely as locations to which a deputy 3786
registrar is assigned pursuant to division (B) of section 4507.011 3787
of the Revised Code and from which the deputy registrar is to 3788
conduct the deputy registrar's business, the power of the director 3789
of public safety to purchase or lease real property and buildings 3790
to be used as locations for division or district offices as 3791
required in the maintenance of operations of the department of 3792
public safety, and the power of the superintendent of the state 3793
highway patrol in the purchase or leasing of real property and 3794
buildings needed by the patrol, to negotiate the sale of real 3795
property owned by the patrol, to rent or lease real property owned 3796
or leased by the patrol, and to make or cause to be made repairs 3797
to all property owned or under the control of the patrol;3798

       (4) The power of the division of liquor control in the 3799
leasing or purchasing of retail outlets and warehouse facilities 3800
for the use of the division;3801

       (5) The power of the director of development services to 3802
enter into leases of real property, buildings, and office space to 3803
be used solely as locations for the state's foreign offices to 3804
carry out the purposes of section 122.05 of the Revised Code;3805

       (6) The power of the director of environmental protection to 3806
enter into environmental covenants, to grant and accept easements, 3807
or to sell property pursuant to division (G) of section 3745.01 of 3808
the Revised Code.3809

       (C) Purchases for, and the custody and repair of, buildings 3810
under the management and control of the capitol square review and 3811
advisory board, the opportunities for Ohioans with disabilities 3812
agency, the bureau of workers' compensation, or the departments of 3813
public safety, job and family services, mental health and 3814
addiction services, developmental disabilities, and rehabilitation 3815
and correction; buildings of educational and benevolent 3816
institutions under the management and control of boards of 3817
trustees; and purchases or leases for, and the custody and repair 3818
of, office space used for the purposes of the joint legislative 3819
ethics committee are not subject to the control and jurisdiction 3820
of the department of administrative services.3821

       If the joint legislative ethics committee so requests, the 3822
committee and the director of administrative services may enter 3823
into a contract under which the department of administrative 3824
services agrees to perform any services requested by the committee 3825
that the department is authorized under this section to perform.3826

       (D) Any instrument by which real property is acquired 3827
pursuant to this section shall identify the agency of the state 3828
that has the use and benefit of the real property as specified in 3829
section 5301.012 of the Revised Code.3830

       Sec. 124.32.  (A) A person holding an office or position in 3831
the classified service may be transferred to a similar position in 3832
another office, department, or institution having the same pay and 3833
similar duties, but no transfer shall be made as follows:3834

       (1) From an office or position in one class to an office or 3835
position in another class;3836

       (2) To an office or position for original entrance to which 3837
there is required by sections 124.01 to 124.64 of the Revised 3838
Code, or the rules adopted pursuant to those sections, an 3839
examination involving essential tests or qualifications or 3840
carrying a salary different from or higher than those required for 3841
original entrance to an office or position held by the person 3842
proposed to be transferred.3843

       No person in the classified civil service of the state may be 3844
transferred without the consent of the director of administrative 3845
services.3846

       (B) Any person holding an office or position in the 3847
classified service who has been separated from the service without 3848
delinquency or misconduct on the person's part may be reinstated 3849
within one year from the date of that separation to a vacancy in 3850
the same office or in a similar position in the same department, 3851
except that a person in the classified service of the state only 3852
may be reinstated with the consent of the director of 3853
administrative services. But, if that separation is due to injury 3854
or physical or psychiatric disability, the person shall be 3855
reinstated in the same office held or in a similar position to 3856
that held at the time of separation, within thirtysixty days 3857
after written application for reinstatement, if the person passes 3858
a physical or psychiatric examination made by a licensed 3859
physician, a physician assistant, a clinical nurse specialist, a 3860
certified nurse practitioner, or a certified nurse-midwife showing 3861
that the person has recovered from the injury or physical or 3862
psychiatric disability, if the application for reinstatement is 3863
filed within two years from the date of separation, and if the 3864
application is not filed after the date of service eligibility 3865
retirement. The physician, physician assistant, clinical nurse 3866
specialist, certified nurse practitioner, or certified 3867
nurse-midwife shall be designated by the appointing authority and 3868
shall complete any written documentation of the physical or 3869
psychiatric examination.3870

       Sec. 125.13.  (A) As used in this section:3871

       (1) "Emergency medical service organization" has the same 3872
meaning as in section 4765.01 of the Revised Code.3873

       (2) "Private fire company" has the same meaning as in section 3874
9.60 of the Revised Code.3875

       (B) Except as otherwise provided in section 5139.03 of the 3876
Revised Code, whenever a state agency determines that it has 3877
excess or surplus supplies, it shall notify the director of 3878
administrative services. Upon request by the director and on forms 3879
provided by the director, the state agency shall furnish to the 3880
director a list of all those excess and surplus supplies and an 3881
appraisal of their value.3882

       (C) The director of administrative services shall take 3883
immediate control of a state agency's excess and surplus supplies, 3884
except for the following excess and surplus supplies:3885

       (1) Excess or surplus supplies that have a value below the 3886
minimum value that the director establishes for excess and surplus 3887
supplies under division (F) of this section;3888

       (2) Excess or surplus supplies that the director has 3889
authorized an agency to donate to a public entity, including, but 3890
not limited to, public schools and surplus computers and computer 3891
equipment transferred to a public school under division (H) of 3892
this section;3893

       (3) Excess or surplus supplies that an agency trades in as 3894
full or partial payment when purchasing a replacement item;3895

       (4) Hazardous property.3896

       (D) The director shall inventory excess and surplus supplies 3897
in the director's control and may have the supplies repaired.3898

       (E) The director may do either of the following:3899

       (1) Dispose of declared surplus or excess supplies in the 3900
director's control by sale, lease, donation, or transfer. If the 3901
director does so, the director shall dispose of those supplies in 3902
the following order of priority:3903

       (a) To state agencies;3904

       (b) To state-supported or state-assisted institutions of 3905
higher education;3906

       (c) To tax-supported agencies, municipal corporations, or 3907
other political subdivisions of this state, private fire 3908
companies, or private, nonprofit emergency medical service 3909
organizations;3910

       (d) To nonpublic elementary and secondary schools chartered 3911
by the state board of education under section 3301.16 of the 3912
Revised Code;3913

       (e) To the general public by auction, sealed bid, sale, or 3914
negotiation.3915

       (2) If the director has attempted to dispose of any declared 3916
surplus or excess motor vehicle that does not exceed four thousand 3917
five hundred dollars in value pursuant to divisions (E)(1)(a) to 3918
(c) of this section, donate the motor vehicle to a nonprofit 3919
organization exempt from federal income taxation pursuant to 26 3920
U.S.C. 501(a) and (c)(3) for the purpose of meeting the 3921
transportation needs of participants in the Ohio works first 3922
program established under Chapter 5107. of the Revised Code and 3923
participants in the prevention, retention, and contingency program 3924
established under Chapter 5108. of the Revised Code. The director 3925
may not donate a motor vehicle furnished to the state highway 3926
patrol to a nonprofit organization pursuant to this division.3927

       (F) The director may adopt rules governing the sale, lease, 3928
or transfer of surplus and excess supplies in the director's 3929
control by public auction, sealed bid, sale, or negotiation, 3930
except that no employee of the disposing agency shall be allowed 3931
to purchase, lease, or receive any such supplies. The director may 3932
dispose of declared surplus or excess supplies, including motor 3933
vehicles, in the director's control as the director determines 3934
proper if such supplies cannot be disposed of pursuant to division 3935
(E) of this section. The director shall by rule establish a 3936
minimum value for excess and surplus supplies and prescribe 3937
procedures for a state agency to follow in disposing of excess and 3938
surplus supplies in its control that have a value below the 3939
minimum value established by the director.3940

       (G) No state-supported or state-assisted institution of 3941
higher education, tax-supported agency, municipal corporation, or 3942
other political subdivision of this state, private fire company, 3943
or private, nonprofit emergency medical service organization shall 3944
sell, lease, or transfer excess or surplus supplies acquired under 3945
this section to private entities or the general public at a price 3946
greater than the price it originally paid for those supplies.3947

       (H) The director of administrative services may authorize any 3948
state agency to transfer surplus computers and computer equipment 3949
that are not needed by other state agencies directly to an 3950
accredited public school within the state. The computers and 3951
computer equipment may be repaired or refurbished prior to 3952
transfer. The state agency may charge a service fee to the public 3953
schools for the property not to exceed the direct cost of 3954
repairing or refurbishing it. The state agency shall deposit such 3955
funds into the account used for repair or refurbishment.3956

       Sec. 125.182. (A) The office of information technology, by 3957
itself or by contract with another entity, shall establish, 3958
operate, and maintain a statethe official public notice web site. 3959
In establishing, maintaining, and operating the stateofficial3960
public notice web site, the office of information technology or 3961
its contractor shall:3962

       (A)(1) Use a domain name for the web site that will be easily 3963
recognizable and remembered by and understandable to users of the 3964
web site;3965

       (B)(2) Maintain the web site on the internet so that it is 3966
fully accessible to and searchable by members of the public at all 3967
times, other than during maintenance or acts of God outside the 3968
office's or its contractor's control;3969

       (C)(3) Not charge a fee to a person whothat accesses,the 3970
web site to view notices or to perform searches, or otherwise uses3971
of the web site, provided that the office or its contractor may 3972
charge a fee for enhanced search and customized content delivery 3973
features;3974

       (D)(4) Not charge a fee to a state agency or political 3975
subdivision for publishing a notice on the web site;3976

       (E)(5) Ensure that notices displayed on the web site conform 3977
to the requirements that would apply to the notices if they were 3978
being published in a newspaper, as directed in section 7.16 of the 3979
Revised Code or in the relevant provision of the statute or rule 3980
that requires the notice;3981

       (F)(6) Ensure that notices continue to be displayed on the 3982
web site for not less than the length of time required by the 3983
relevant provision of the statute or rule that requires the 3984
notice;3985

       (G) Devise and display on the web site a form that may be 3986
downloaded and used to request publication of a notice on the web 3987
site;3988

       (H) Enable responsible parties to submit notices and requests 3989
for their publication;3990

       (I)(7) Maintain an archive of notices that no longer are 3991
displayed on the web site;3992

       (J)(8) Enable notices, both those currently displayed and 3993
those archived, to be accessed by key word, by party name, by case 3994
number, by county, and by other useful identifiers;3995

       (K)(9) Maintain adequate systemic security and backup 3996
features, and develop and maintain a contingency plan for coping 3997
with and recovering from power outages, systemic failures, and 3998
other unforeseeable difficulties;3999

       (L) Maintain the web site in such a manner that it will not 4000
infringe legally protected interests, so that vulnerability of the 4001
web site to interruption because of litigation or the threat of 4002
litigation is reduced; and4003

       (M) Submit a status report to the secretary of state twice 4004
annually that demonstrates compliance with statutory requirements 4005
governing publication of notices.4006

       The office of information technology shall bear the expense 4007
of maintaining the state public notice web site domain name(10) 4008
Provide access to the web site to the publisher of any Ohio 4009
newspaper or daily law journal that qualifies under the Revised 4010
Code to publish notices and advertisements, for the posting of 4011
notices and advertisements at no cost, or for a reasonable, 4012
uniform fee for the service; and4013

       (11) Provide, if requested, a regularly scheduled feed or 4014
similar data transfer to the department of administrative services 4015
of notices and advertisements posted on the web site, provided 4016
that the office of information technology or its contractor shall 4017
not be required to provide the feed or transfer more often than 4018
once every business day.4019

       (B) An error in a notice or advertisement posted on the 4020
official public notice web site, or a temporary web site outage or 4021
service interruption preventing the posting or display of a notice 4022
or advertisement on that web site, does not constitute a defect in 4023
making legal publication of the notice or advertisement, and 4024
publication requirements shall be considered met if the notice or 4025
advertisement published in the newspaper or daily law journal is 4026
correct.4027

       (C) The publisher of a newspaper of general circulation or of 4028
a daily law journal that maintains a web site shall include on its 4029
web site a link to the official public notice web site.4030

       Sec. 126.21.  (A) The director of budget and management shall 4031
do all of the following:4032

       (1) Keep all necessary accounting records;4033

       (2) Prescribe and maintain the accounting system of the state 4034
and establish appropriate accounting procedures and charts of 4035
accounts;4036

       (3) Establish procedures for the use of written, electronic, 4037
optical, or other communications media for approving and reviewing 4038
payment vouchers;4039

       (4) Reconcile, in the case of any variation between the 4040
amount of any appropriation and the aggregate amount of items of 4041
the appropriation, with the advice and assistance of the state 4042
agency affected by it and the legislative service commission, 4043
totals so as to correspond in the aggregate with the total 4044
appropriation. In the case of a conflict between the item and the 4045
total of which it is a part, the item shall be considered the 4046
intended appropriation.4047

       (5) Evaluate on an ongoing basis and, if necessary, recommend 4048
improvements to the internal controls used in state agencies;4049

       (6) Authorize the establishment of petty cash accounts. The 4050
director may withdraw approval for any petty cash account and 4051
require the officer in charge to return to the state treasury any 4052
unexpended balance shown by the officer's accounts to be on hand. 4053
Any officer who is issued a warrant for petty cash shall render a 4054
detailed account of the expenditures of the petty cash and shall 4055
report when requested the balance of petty cash on hand at any 4056
time.4057

       (7) Process orders, invoices, vouchers, claims, and payrolls 4058
and prepare financial reports and statements;4059

       (8) Perform extensions, reviews, and compliance checks prior 4060
to or after approving a payment as the director considers 4061
necessary;4062

       (9) Issue the official comprehensive annual financial report 4063
of the state. The report shall cover all funds of the state 4064
reporting entity and shall include basic financial statements and 4065
required supplementary information prepared in accordance with 4066
generally accepted accounting principles and other information as 4067
the director provides. All state agencies, authorities, 4068
institutions, offices, retirement systems, and other component 4069
units of the state reporting entity as determined by the director 4070
shall furnish the director whatever financial statements and other 4071
information the director requests for the report, in the form, at 4072
the times, covering the periods, and with the attestation the 4073
director prescribes. The information for state institutions of 4074
higher education, as defined in section 3345.011 of the Revised 4075
Code, shall be submitted to the chancellor by the Ohio board of 4076
regents. The board shall establish a due date by which each such 4077
institution shall submit the information to the board, but no such 4078
date shall be later than one hundred twenty days after the end of 4079
the state fiscal year unless a later date is approved by the 4080
director.4081

       (B) In addition to the director's duties under division (A) 4082
of this section, the director may establish and administer one or 4083
more state payment card programs that permit or require state 4084
agencies and political subdivisions to use a payment card to 4085
purchase equipment, materials, supplies, or services in accordance 4086
with guidelines issued by the director. The chief administrative 4087
officer of a state agency or political subdivision that uses a 4088
payment card for such purposes shall ensure that purchases made 4089
with the card are made in accordance with the guidelines issued by 4090
the director and do not exceed the unexpended, unencumbered, 4091
unobligated balance in the appropriation to be charged for the 4092
purchase. State agencies may participate in only those state4093
payment card programs that the director establishes pursuant to 4094
this section.4095

       (C) In addition to the director's duties under divisions (A) 4096
and (B) of this section, the director may enter into any contract 4097
or agreement necessary for and incidental to the performance of 4098
the director's duties or the duties of the office of budget and 4099
management.4100

       (D) In addition to the director's duties under divisions (A), 4101
(B), and (C) of this section, the director may operate a shared 4102
services center within the office of budget and management for the 4103
purpose of consolidating common business functions and 4104
transactional processes. The services offered by the shared 4105
services center may be provided to any state agency or political 4106
subdivision. In consultation with the director of administrative 4107
services, the director may appoint and fix the compensation of 4108
employees of the office of budget and management whose primary 4109
duties include the consolidation of statewide financingcommon 4110
business functions and common transactional processes.4111

       (E) The director may transfer cash between funds other than 4112
the general revenue fund in order to correct an erroneous payment 4113
or deposit regardless of the fiscal year during which the 4114
erroneous payment or deposit occurred.4115

       (F) As used in divisions (B) and (D) of this section:4116

       (1) "Political subdivision" has the same meaning as in 4117
section 2744.01 of the Revised Code.4118

       (2) "State agency" has the same meaning as in section 9.482 4119
of the Revised Code.4120

       Sec. 126.25.  The accounting and budgeting services provided 4121
by the director of budget and management under section 126.21 of 4122
the Revised Code shall be supported by user charges. The director 4123
shall determine a rate that is sufficient to defray the expense of 4124
those services and the manner by which those charges shall be 4125
collected. All money collected from userthe charges shall be 4126
deposited in the state treasury to the credit of the accounting 4127
and budgeting fund, which is hereby created. Rebates or revenue 4128
shares received from any state payment card program established 4129
under division (B) of section 126.21 of the Revised Code and 4130
miscellaneous payments that reimburse expenses paid from the 4131
accounting and budgeting fund may be deposited into the accounting 4132
and budgeting fund and used to support accounting and budgeting4133
the services provided by the director.4134

       Sec. 131.02. (A) Except as otherwise provided in section 4135
4123.37, section 5703.061, and division (K) of section 4123.511 of 4136
the Revised Code, whenever any amount is payable to the state, the 4137
officer, employee, or agent responsible for administering the law 4138
under which the amount is payable shall immediately proceed to 4139
collect the amount or cause the amount to be collected and shall 4140
pay the amount into the state treasury or into the appropriate 4141
custodial fund in the manner set forth pursuant to section 113.08 4142
of the Revised Code. Except as otherwise provided in this 4143
division, if the amount is not paid within forty-five days after 4144
payment is due, the officer, employee, or agent shall certify the 4145
amount due to the attorney general, in the form and manner 4146
prescribed by the attorney general, and notify the director of 4147
budget and management thereof. In the case of an amount payable by 4148
a student enrolled in a state institution of higher education, the 4149
amount shall be certified within the later of forty-five days 4150
after the amount is due or the tenth day after the beginning of 4151
the next academic semester, quarter, or other session following 4152
the session for which the payment is payable. The attorney general 4153
may assess the collection cost to the amount certified in such 4154
manner and amount as prescribed by the attorney general. If an 4155
amount payable to a political subdivision is past due, the 4156
political subdivision may, with the approval of the attorney 4157
general, certify the amount to the attorney general pursuant to 4158
this section.4159

       For the purposes of this section, the attorney general and 4160
the officer, employee, or agent responsible for administering the 4161
law under which the amount is payable shall agree on the time a 4162
payment is due, and that agreed upon time shall be one of the 4163
following times:4164

        (1) If a law, including an administrative rule, of this state 4165
prescribes the time a payment is required to be made or reported, 4166
when the payment is required by that law to be paid or reported.4167

        (2) If the payment is for services rendered, when the 4168
rendering of the services is completed.4169

        (3) If the payment is reimbursement for a loss, when the loss 4170
is incurred.4171

        (4) In the case of a fine or penalty for which a law or 4172
administrative rule does not prescribe a time for payment, when 4173
the fine or penalty is first assessed.4174

        (5) If the payment arises from a legal finding, judgment, or 4175
adjudication order, when the finding, judgment, or order is 4176
rendered or issued.4177

        (6) If the payment arises from an overpayment of money by the 4178
state to another person, when the overpayment is discovered.4179

        (7) The date on which the amount for which an individual is 4180
personally liable under section 5735.35, section 5739.33, or 4181
division (G) of section 5747.07 of the Revised Code is determined.4182

        (8) Upon proof of claim being filed in a bankruptcy case.4183

       (9) For premiums and assessments due under Chapter 4123. of 4184
the Revised Code, thirty days after the date upon which 4185
subscribers to the state insurance fund must report actual 4186
payrolls for the policy year pursuant to section 4123.26 of the 4187
Revised Code for employers described in division (B)(2) of section 4188
4123.01 of the Revised Code or pursuant to section 4123.41 of the 4189
Revised Code for employers described in division (B)(1) of section 4190
4123.01 of the Revised Code.4191

       (10) Any other appropriate time determined by the attorney 4192
general and the officer, employee, or agent responsible for 4193
administering the law under which the amount is payable on the 4194
basis of statutory requirements or ordinary business processes of 4195
the state agency to which the payment is owed.4196

       (B)(1) The attorney general shall give immediate notice by 4197
mail or otherwise to the party indebted of the nature and amount 4198
of the indebtedness.4199

       (2) If the amount payable to this state arises from a tax 4200
levied under Chapter 5733., 5739., 5741., 5747., or 5751. of the 4201
Revised Code, the notice also shall specify all of the following:4202

       (a) The assessment or case number;4203

       (b) The tax pursuant to which the assessment is made;4204

       (c) The reason for the liability, including, if applicable, 4205
that a penalty or interest is due;4206

       (d) An explanation of how and when interest will be added to 4207
the amount assessed;4208

       (e) That the attorney general and tax commissioner, acting 4209
together, have the authority, but are not required, to compromise 4210
the claim and accept payment over a reasonable time, if such 4211
actions are in the best interest of the state.4212

       (C) The attorney general shall collect the claim or secure a 4213
judgment and issue an execution for its collection.4214

       (D) Each claim shall bear interest, from the day on which the 4215
claim became due, at the rate per annum required by section 4216
5703.47 of the Revised Code.4217

       (E) The attorney general and the chief officer of the agency 4218
reporting a claim, acting together, may do any of the following if 4219
such action is in the best interests of the state:4220

       (1) Compromise the claim;4221

       (2) Extend for a reasonable period the time for payment of 4222
the claim by agreeing to accept monthly or other periodic 4223
payments. The agreement may require security for payment of the 4224
claim.4225

       (3) Add fees to recover the cost of processing checks or 4226
other draft instruments returned for insufficient funds and the 4227
cost of providing electronic payment options.4228

       (F)(1) Except as provided in division (F)(2) of this section, 4229
if the attorney general finds, after investigation, that any claim 4230
due and owing to the state is uncollectible, the attorney general, 4231
with the consent of the chief officer of the agency reporting the 4232
claim, may do the following:4233

        (a) Sell, convey, or otherwise transfer the claim to one or 4234
more private entities for collection;4235

        (b) Cancel the claim or cause it to be canceled.4236

        (2) The attorney general shall cancel or cause to be canceled 4237
an unsatisfied claim on the date that is forty years after the 4238
date the claim is certified.4239

       (3) No initial action shall be commenced to collect any tax 4240
payable to the state that is administered by the tax commissioner, 4241
whether or not such tax is subject to division (B) of this 4242
section, or any penalty, interest, or additional charge on such 4243
tax, after the expiration of the period ending on the later of the 4244
dates specified in divisions (F)(3)(a) and (b) of this section, 4245
provided that such period shall be extended by the period of any 4246
stay to such collection or by any other period to which the 4247
parties mutually agree. If the initial action in aid of execution 4248
is commenced before the later of the dates specified in divisions 4249
(F)(3)(a) and (b) of this section, any and all subsequent actions 4250
may be pursued in aid of execution of judgment for as long as the 4251
debt exists.4252

       (a) Seven years after the assessment of the tax, penalty, 4253
interest, or additional charge is issued.4254

       (b) Four years after the assessment of the tax, penalty, 4255
interest, or additional charge becomes final. For the purposes of 4256
division (F)(3)(b) of this section, the assessment becomes final 4257
at the latest of the following: upon expiration of the period to 4258
petition for reassessment, or if applicable, to appeal a final 4259
determination of the commissioner or decision of the board of tax 4260
appeals or a court, or, if applicable, upon decision of the United 4261
States supreme court.4262

       For the purposes of division (F)(3) of this section, an 4263
initial action to collect a tax debt is commenced at the time when 4264
any action, including any action in aid of execution on a 4265
judgment, commences after a certified copy of the tax 4266
commissioner's entry making an assessment final has been filed in 4267
the office of the clerk of court of common pleas in the county in 4268
which the taxpayer resides or has its principal place of business 4269
in this state, or in the office of the clerk of court of common 4270
pleas of Franklin county, as provided in section 5739.13, 5741.14, 4271
5747.13, or 5751.09 of the Revised Code or in any other applicable 4272
law requiring such a filing. If an assessment has not been issued 4273
and there is no time limitation on the issuance of an assessment 4274
under applicable law, an action to collect a tax debt commences 4275
when the action is filed in the courts of this state to collect 4276
the liability.4277

       (4) If information contained in a claim that is sold, 4278
conveyed, or transferred to a private entity pursuant to this 4279
section is confidential pursuant to federal law or a section of 4280
the Revised Code that implements a federal law governing 4281
confidentiality, such information remains subject to that law 4282
during and following the sale, conveyance, or transfer.4283

       Sec. 133.06.  (A) A school district shall not incur, without 4284
a vote of the electors, net indebtedness that exceeds an amount 4285
equal to one-tenth of one per cent of its tax valuation, except as 4286
provided in divisions (G) and (H) of this section and in division 4287
(C) of section 3313.372 of the Revised Code, or as prescribed in 4288
section 3318.052 or 3318.44 of the Revised Code, or as provided in 4289
division (J) of this section.4290

       (B) Except as provided in divisions (E), (F), and (I) of this 4291
section, a school district shall not incur net indebtedness that 4292
exceeds an amount equal to nine per cent of its tax valuation.4293

       (C) A school district shall not submit to a vote of the 4294
electors the question of the issuance of securities in an amount 4295
that will make the district's net indebtedness after the issuance 4296
of the securities exceed an amount equal to four per cent of its 4297
tax valuation, unless the superintendent of public instruction, 4298
acting under policies adopted by the state board of education, and 4299
the tax commissioner, acting under written policies of the 4300
commissioner, consent to the submission. A request for the 4301
consents shall be made at least one hundred twenty days prior to 4302
the election at which the question is to be submitted.4303

       The superintendent of public instruction shall certify to the 4304
district the superintendent's and the tax commissioner's decisions 4305
within thirty days after receipt of the request for consents.4306

       If the electors do not approve the issuance of securities at 4307
the election for which the superintendent of public instruction 4308
and tax commissioner consented to the submission of the question, 4309
the school district may submit the same question to the electors 4310
on the date that the next special election may be held under 4311
section 3501.01 of the Revised Code without submitting a new 4312
request for consent. If the school district seeks to submit the 4313
same question at any other subsequent election, the district shall 4314
first submit a new request for consent in accordance with this 4315
division.4316

       (D) In calculating the net indebtedness of a school district, 4317
none of the following shall be considered:4318

       (1) Securities issued to acquire school buses and other 4319
equipment used in transporting pupils or issued pursuant to 4320
division (D) of section 133.10 of the Revised Code;4321

       (2) Securities issued under division (F) of this section, 4322
under section 133.301 of the Revised Code, and, to the extent in 4323
excess of the limitation stated in division (B) of this section, 4324
under division (E) of this section;4325

       (3) Indebtedness resulting from the dissolution of a joint 4326
vocational school district under section 3311.217 of the Revised 4327
Code, evidenced by outstanding securities of that joint vocational 4328
school district;4329

       (4) Loans, evidenced by any securities, received under 4330
sections 3313.483, 3317.0210, and 3317.0211 of the Revised Code;4331

       (5) Debt incurred under section 3313.374 of the Revised Code;4332

       (6) Debt incurred pursuant to division (B)(5) of section 4333
3313.37 of the Revised Code to acquire computers and related 4334
hardware;4335

       (7) Debt incurred under section 3318.042 of the Revised Code.4336

       (E) A school district may become a special needs district as 4337
to certain securities as provided in division (E) of this section.4338

       (1) A board of education, by resolution, may declare its 4339
school district to be a special needs district by determining both 4340
of the following:4341

       (a) The student population is not being adequately serviced 4342
by the existing permanent improvements of the district.4343

       (b) The district cannot obtain sufficient funds by the 4344
issuance of securities within the limitation of division (B) of 4345
this section to provide additional or improved needed permanent 4346
improvements in time to meet the needs.4347

       (2) The board of education shall certify a copy of that 4348
resolution to the superintendent of public instruction with a 4349
statistical report showing all of the following:4350

       (a) The history of and a projection of the growth of the tax 4351
valuation;4352

       (b) The projected needs;4353

       (c) The estimated cost of permanent improvements proposed to 4354
meet such projected needs.4355

       (3) The superintendent of public instruction shall certify 4356
the district as an approved special needs district if the 4357
superintendent finds both of the following:4358

       (a) The district does not have available sufficient 4359
additional funds from state or federal sources to meet the 4360
projected needs.4361

       (b) The projection of the potential average growth of tax 4362
valuation during the next five years, according to the information 4363
certified to the superintendent and any other information the 4364
superintendent obtains, indicates a likelihood of potential 4365
average growth of tax valuation of the district during the next 4366
five years of an average of not less than one and one-half per 4367
cent per year. The findings and certification of the 4368
superintendent shall be conclusive.4369

       (4) An approved special needs district may incur net 4370
indebtedness by the issuance of securities in accordance with the 4371
provisions of this chapter in an amount that does not exceed an 4372
amount equal to the greater of the following:4373

       (a) Twelve per cent of the sum of its tax valuation plus an 4374
amount that is the product of multiplying that tax valuation by 4375
the percentage by which the tax valuation has increased over the 4376
tax valuation on the first day of the sixtieth month preceding the 4377
month in which its board determines to submit to the electors the 4378
question of issuing the proposed securities;4379

       (b) Twelve per cent of the sum of its tax valuation plus an 4380
amount that is the product of multiplying that tax valuation by 4381
the percentage, determined by the superintendent of public 4382
instruction, by which that tax valuation is projected to increase 4383
during the next ten years.4384

       (F) A school district may issue securities for emergency 4385
purposes, in a principal amount that does not exceed an amount 4386
equal to three per cent of its tax valuation, as provided in this 4387
division.4388

       (1) A board of education, by resolution, may declare an 4389
emergency if it determines both of the following:4390

       (a) School buildings or other necessary school facilities in 4391
the district have been wholly or partially destroyed, or condemned 4392
by a constituted public authority, or that such buildings or 4393
facilities are partially constructed, or so constructed or planned 4394
as to require additions and improvements to them before the 4395
buildings or facilities are usable for their intended purpose, or 4396
that corrections to permanent improvements are necessary to remove 4397
or prevent health or safety hazards.4398

       (b) Existing fiscal and net indebtedness limitations make 4399
adequate replacement, additions, or improvements impossible.4400

       (2) Upon the declaration of an emergency, the board of 4401
education may, by resolution, submit to the electors of the 4402
district pursuant to section 133.18 of the Revised Code the 4403
question of issuing securities for the purpose of paying the cost, 4404
in excess of any insurance or condemnation proceeds received by 4405
the district, of permanent improvements to respond to the 4406
emergency need.4407

       (3) The procedures for the election shall be as provided in 4408
section 133.18 of the Revised Code, except that:4409

       (a) The form of the ballot shall describe the emergency 4410
existing, refer to this division as the authority under which the 4411
emergency is declared, and state that the amount of the proposed 4412
securities exceeds the limitations prescribed by division (B) of 4413
this section;4414

       (b) The resolution required by division (B) of section 133.18 4415
of the Revised Code shall be certified to the county auditor and 4416
the board of elections at least one hundred days prior to the 4417
election;4418

       (c) The county auditor shall advise and, not later than 4419
ninety-five days before the election, confirm that advice by 4420
certification to, the board of education of the information 4421
required by division (C) of section 133.18 of the Revised Code;4422

       (d) The board of education shall then certify its resolution 4423
and the information required by division (D) of section 133.18 of 4424
the Revised Code to the board of elections not less than ninety 4425
days prior to the election.4426

       (4) Notwithstanding division (B) of section 133.21 of the 4427
Revised Code, the first principal payment of securities issued 4428
under this division may be set at any date not later than sixty 4429
months after the earliest possible principal payment otherwise 4430
provided for in that division.4431

       (G)(1) The board of education may contract with an architect, 4432
professional engineer, or other person experienced in the design 4433
and implementation of energy conservation measures for an analysis 4434
and recommendations pertaining to installations, modifications of 4435
installations, or remodeling that would significantly reduce 4436
energy consumption in buildings owned by the district. The report 4437
shall include estimates of all costs of such installations, 4438
modifications, or remodeling, including costs of design, 4439
engineering, installation, maintenance, repairs, measurement and 4440
verification of energy savings, and debt service, forgone residual 4441
value of materials or equipment replaced by the energy 4442
conservation measure, as defined by the Ohio school facilities 4443
commission, a baseline analysis of actual energy consumption data 4444
for the preceding three years with the utility baseline based on 4445
only the actual energy consumption data for the preceding twelve 4446
months, and estimates of the amounts by which energy consumption 4447
and resultant operational and maintenance costs, as defined by the 4448
commission, would be reduced.4449

       If the board finds after receiving the report that the amount 4450
of money the district would spend on such installations, 4451
modifications, or remodeling is not likely to exceed the amount of 4452
money it would save in energy and resultant operational and 4453
maintenance costs over the ensuing fifteen years, the board may 4454
submit to the commission a copy of its findings and a request for 4455
approval to incur indebtedness to finance the making or 4456
modification of installations or the remodeling of buildings for 4457
the purpose of significantly reducing energy consumption.4458

        The school facilities commission, in consultation with the 4459
auditor of state, may deny a request under this division by the 4460
board of education any school district is in a state of fiscal 4461
watch pursuant to division (A) of section 3316.03 of the Revised 4462
Code, if it determines that the expenditure of funds is not in the 4463
best interest of the school district.4464

       No district board of education of a school district that is 4465
in a state of fiscal emergency pursuant to division (B) of section 4466
3316.03 of the Revised Code shall submit a request without 4467
submitting evidence that the installations, modifications, or 4468
remodeling have been approved by the district's financial planning 4469
and supervision commission established under section 3316.05 of 4470
the Revised Code.4471

       No board of education of a school district that, for three or 4472
more consecutive years, has been declared to be in a state of 4473
academic emergency under section 3302.03 of the Revised Code, as 4474
that section existed prior to March 22, 2013, and has failed to 4475
meet adequate yearly progress, or has met any condition set forth 4476
in division (A)(2), (3), or (4)(1)(b), (c), or (d) of section 4477
3302.10 of the Revised Code shall submit a request without first 4478
receiving approval to incur indebtedness from the district's 4479
academic distress commission, if one has been established for the 4480
district under that section, for so long as such commission 4481
continues to be requiredin operation for the district.4482

       (2) The school facilities commission shall approve the 4483
board's request provided that the following conditions are 4484
satisfied:4485

       (a) The commission determines that the board's findings are 4486
reasonable.4487

       (b) The request for approval is complete.4488

       (c) The installations, modifications, or remodeling are 4489
consistent with any project to construct or acquire classroom 4490
facilities, or to reconstruct or make additions to existing 4491
classroom facilities under sections 3318.01 to 3318.20 or sections 4492
3318.40 to 3318.45 of the Revised Code.4493

       Upon receipt of the commission's approval, the district may 4494
issue securities without a vote of the electors in a principal 4495
amount not to exceed nine-tenths of one per cent of its tax 4496
valuation for the purpose of making such installations, 4497
modifications, or remodeling, but the total net indebtedness of 4498
the district without a vote of the electors incurred under this 4499
and all other sections of the Revised Code, except section 4500
3318.052 of the Revised Code, shall not exceed one per cent of the 4501
district's tax valuation.4502

       (3) So long as any securities issued under this division 4503
remain outstanding, the board of education shall monitor the 4504
energy consumption and resultant operational and maintenance costs 4505
of buildings in which installations or modifications have been 4506
made or remodeling has been done pursuant to this division and. 4507
Except as provided in division (G)(4) of this section, the board4508
shall maintain and annually update a report in a form and manner 4509
prescribed by the school facilities commission documenting the 4510
reductions in energy consumption and resultant operational and 4511
maintenance cost savings attributable to such installations, 4512
modifications, or remodeling. The report shall be certified by an 4513
architect or engineer independent of any person that provided 4514
goods or services to the board in connection with the energy 4515
conservation measures that are the subject of the report. The 4516
resultant operational and maintenance cost savings shall be 4517
certified by the school district treasurer. The report shall be 4518
submitted annually to the commission.4519

       (4) If the school facilities commission verifies that the 4520
certified annual reports submitted to the commission by a board of 4521
education under division (G)(3) of this section fulfill the 4522
guarantee required under division (B) of section 3313.372 of the 4523
Revised Code for three consecutive years, the board of education 4524
shall no longer be subject to the annual reporting requirements of 4525
division (G)(3) of this section.4526

       (H) With the consent of the superintendent of public 4527
instruction, a school district may incur without a vote of the 4528
electors net indebtedness that exceeds the amounts stated in 4529
divisions (A) and (G) of this section for the purpose of paying 4530
costs of permanent improvements, if and to the extent that both of 4531
the following conditions are satisfied:4532

       (1) The fiscal officer of the school district estimates that 4533
receipts of the school district from payments made under or 4534
pursuant to agreements entered into pursuant to section 725.02, 4535
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62, 4536
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised 4537
Code, or distributions under division (C) of section 5709.43 of 4538
the Revised Code, or any combination thereof, are, after 4539
accounting for any appropriate coverage requirements, sufficient 4540
in time and amount, and are committed by the proceedings, to pay 4541
the debt charges on the securities issued to evidence that 4542
indebtedness and payable from those receipts, and the taxing 4543
authority of the district confirms the fiscal officer's estimate, 4544
which confirmation is approved by the superintendent of public 4545
instruction;4546

       (2) The fiscal officer of the school district certifies, and 4547
the taxing authority of the district confirms, that the district, 4548
at the time of the certification and confirmation, reasonably 4549
expects to have sufficient revenue available for the purpose of 4550
operating such permanent improvements for their intended purpose 4551
upon acquisition or completion thereof, and the superintendent of 4552
public instruction approves the taxing authority's confirmation.4553

       The maximum maturity of securities issued under division (H) 4554
of this section shall be the lesser of twenty years or the maximum 4555
maturity calculated under section 133.20 of the Revised Code.4556

       (I) A school district may incur net indebtedness by the 4557
issuance of securities in accordance with the provisions of this 4558
chapter in excess of the limit specified in division (B) or (C) of 4559
this section when necessary to raise the school district portion 4560
of the basic project cost and any additional funds necessary to 4561
participate in a project under Chapter 3318. of the Revised Code, 4562
including the cost of items designated by the Ohio school 4563
facilities commission as required locally funded initiatives, the 4564
cost of other locally funded initiatives in an amount that does 4565
not exceed fifty per cent of the district's portion of the basic 4566
project cost, and the cost for site acquisition. The school 4567
facilities commission shall notify the superintendent of public 4568
instruction whenever a school district will exceed either limit 4569
pursuant to this division.4570

       (J) A school district whose portion of the basic project cost 4571
of its classroom facilities project under sections 3318.01 to 4572
3318.20 of the Revised Code is greater than or equal to one 4573
hundred million dollars may incur without a vote of the electors 4574
net indebtedness in an amount up to two per cent of its tax 4575
valuation through the issuance of general obligation securities in 4576
order to generate all or part of the amount of its portion of the 4577
basic project cost if the controlling board has approved the 4578
school facilities commission's conditional approval of the project 4579
under section 3318.04 of the Revised Code. The school district 4580
board and the Ohio school facilities commission shall include the 4581
dedication of the proceeds of such securities in the agreement 4582
entered into under section 3318.08 of the Revised Code. No state 4583
moneys shall be released for a project to which this section 4584
applies until the proceeds of any bonds issued under this section 4585
that are dedicated for the payment of the school district portion 4586
of the project are first deposited into the school district's 4587
project construction fund.4588

       Sec. 149.311.  (A) As used in this section:4589

       (1) "Historic building" means a building, including its 4590
structural components, that is located in this state and that is 4591
either individually listed on the national register of historic 4592
places under 16 U.S.C. 470a, located in a registered historic 4593
district, and certified by the state historic preservation officer 4594
as being of historic significance to the district, or is 4595
individually listed as an historic landmark designated by a local 4596
government certified under 16 U.S.C. 470a(c).4597

       (2) "Qualified rehabilitation expenditures" means 4598
expenditures paid or incurred during the rehabilitation period, 4599
and before and after that period as determined under 26 U.S.C. 47, 4600
by an owner or qualified lessee of an historic building to 4601
rehabilitate the building. "Qualified rehabilitation expenditures" 4602
includes architectural or engineering fees paid or incurred in 4603
connection with the rehabilitation, and expenses incurred in the 4604
preparation of nomination forms for listing on the national 4605
register of historic places. "Qualified rehabilitation 4606
expenditures" does not include any of the following:4607

       (a) The cost of acquiring, expanding, or enlarging an 4608
historic building;4609

       (b) Expenditures attributable to work done to facilities 4610
related to the building, such as parking lots, sidewalks, and 4611
landscaping;4612

       (c) New building construction costs.4613

       (3) "Owner" of an historic building means a person holding 4614
the fee simple interest in the building. "Owner" does not include 4615
the state or a state agency, or any political subdivision as 4616
defined in section 9.23 of the Revised Code.4617

       (4) "Qualified lessee" means a person subject to a lease 4618
agreement for an historic building and eligible for the federal 4619
rehabilitation tax credit under 26 U.S.C. 47. "Qualified lessee" 4620
does not include the state or a state agency or political 4621
subdivision as defined in section 9.23 of the Revised Code.4622

       (5) "Certificate owner" means the owner or qualified lessee 4623
of an historic building to which a rehabilitation tax credit 4624
certificate was issued under this section.4625

       (6) "Registered historic district" means an historic district 4626
listed in the national register of historic places under 16 U.S.C. 4627
470a, an historic district designated by a local government 4628
certified under 16 U.S.C. 470a(c), or a local historic district 4629
certified under 36 C.F.R. 67.8 and 67.9.4630

       (7) "Rehabilitation" means the process of repairing or 4631
altering an historic building or buildings, making possible an 4632
efficient use while preserving those portions and features of the 4633
building and its site and environment that are significant to its 4634
historic, architectural, and cultural values.4635

       (8) "Rehabilitation period" means one of the following:4636

       (a) If the rehabilitation initially was not planned to be 4637
completed in stages, a period chosen by the owner or qualified 4638
lessee not to exceed twenty-four months during which 4639
rehabilitation occurs;4640

       (b) If the rehabilitation initially was planned to be 4641
completed in stages, a period chosen by the owner or qualified 4642
lessee not to exceed sixty months during which rehabilitation 4643
occurs. Each stage shall be reviewed as a phase of a 4644
rehabilitation as determined under 26 C.F.R. 1.48-12 or a 4645
successor to that section.4646

       (9) "State historic preservation officer" or "officer" means 4647
the state historic preservation officer appointed by the governor 4648
under 16 U.S.C. 470a.4649

       (B) The owner or qualified lessee of an historic building may 4650
apply to the director of development services for a rehabilitation 4651
tax credit certificate for qualified rehabilitation expenditures 4652
paid or incurred by such owner or qualified lessee after April 4, 4653
2007, for rehabilitation of an historic building. If the owner of 4654
an historic building enters a pass-through agreement with a 4655
qualified lessee for the purposes of the federal rehabilitation 4656
tax credit under 26 U.S.C. 47, the qualified rehabilitation 4657
expenditures paid or incurred by the owner after April 4, 2007, 4658
may be attributed to the qualified lessee.4659

       The form and manner of filing such applications shall be 4660
prescribed by rule of the director. Each application shall state 4661
the amount of qualified rehabilitation expenditures the applicant 4662
estimates will be paid or incurred. The director may require 4663
applicants to furnish documentation of such estimates.4664

       The director, after consultation with the tax commissioner 4665
and in accordance with Chapter 119. of the Revised Code, shall 4666
adopt rules that establish all of the following:4667

        (1) Forms and procedures by which applicants may apply for 4668
rehabilitation tax credit certificates;4669

        (2) Criteria for reviewing, evaluating, and approving 4670
applications for certificates within the limitations under 4671
division (D) of this section, criteria for assuring that the 4672
certificates issued encompass a mixture of high and low qualified 4673
rehabilitation expenditures, and criteria for issuing certificates 4674
under division (C)(3)(b) of this section;4675

        (3) Eligibility requirements for obtaining a certificate 4676
under this section;4677

        (4) The form of rehabilitation tax credit certificates;4678

        (5) Reporting requirements and monitoring procedures;4679

        (6) Procedures and criteria for conducting cost-benefit 4680
analyses of historic buildings that are the subjects of 4681
applications filed under this section. The purpose of a 4682
cost-benefit analysis shall be to determine whether rehabilitation 4683
of the historic building will result in a net revenue gain in 4684
state and local taxes once the building is used.4685

       (7) Any other rules necessary to implement and administer 4686
this section.4687

       (C) The director of development services shall review the 4688
applications with the assistance of the state historic 4689
preservation officer and determine whether all of the following 4690
criteria are met:4691

       (1) That the building that is the subject of the application 4692
is an historic building and the applicant is the owner or 4693
qualified lessee of the building;4694

       (2) That the rehabilitation will satisfy standards prescribed 4695
by the United States secretary of the interior under 16 U.S.C. 4696
470, et seq., as amended, and 36 C.F.R. 67.7 or a successor to 4697
that section;4698

       (3) That receiving a rehabilitation tax credit certificate 4699
under this section is a major factor in:4700

       (a) The applicant's decision to rehabilitate the historic 4701
building; or4702

       (b) To increase the level of investment in such 4703
rehabilitation.4704

       An applicant shall demonstrate to the satisfaction of the 4705
state historic preservation officer and director of development 4706
services that the rehabilitation will satisfy the standards 4707
described in division (C)(2) of this section before the applicant 4708
begins the physical rehabilitation of the historic building.4709

       (D)(1) If the director of development services determines 4710
that an application meets the criteria in divisions (C)(1), (2), 4711
and (3) of this section, the director shall conduct a cost-benefit 4712
analysis for the historic building that is the subject of the 4713
application to determine whether rehabilitation of the historic 4714
building will result in a net revenue gain in state and local 4715
taxes once the building is used. The director shall consider the 4716
results of the cost-benefit analysis in determining whether to 4717
approve the application. The director shall also consider the 4718
potential economic impact and the regional distributive balance of 4719
the credits throughout the state. The director may approve an 4720
application only after completion of the cost-benefit analysis.4721

       (2) A rehabilitation tax credit certificate shall not be 4722
issued for an amount greater than the estimated amount furnished 4723
by the applicant on the application for such certificate and 4724
approved by the director. The director shall not approve more than 4725
a total of sixty million dollars of rehabilitation tax credits per 4726
fiscal year but the director may reallocate unused tax credits 4727
from a prior fiscal year for new applicants and such reallocated 4728
credits shall not apply toward the dollar limit of this division.4729

       (3) For rehabilitations with a rehabilitation period not 4730
exceeding twenty-four months as provided in division (A)(7)(8)(a) 4731
of this section, a rehabilitation tax credit certificate shall not 4732
be issued before the rehabilitation of the historic building is 4733
completed.4734

       (4) For rehabilitations with a rehabilitation period not 4735
exceeding sixty months as provided in division (A)(7)(8)(b) of 4736
this section, a rehabilitation tax credit certificate shall not be 4737
issued before a stage of rehabilitation is completed. After all 4738
stages of rehabilitation are completed, if the director cannot 4739
determine that the criteria in division (C) of this section are 4740
satisfied for all stages of rehabilitations, the director shall 4741
certify this finding to the tax commissioner, and any 4742
rehabilitation tax credits received by the applicant shall be 4743
repaid by the applicant and may be collected by assessment as 4744
unpaid tax by the commissioner.4745

        (5) The director of development services shall require the 4746
applicant to provide a third-party cost certification by a 4747
certified public accountant of the actual costs attributed to the 4748
rehabilitation of the historic building when qualified 4749
rehabilitation expenditures exceed two hundred thousand dollars.4750

        If an applicant whose application is approved for receipt of 4751
a rehabilitation tax credit certificate fails to provide to the 4752
director sufficient evidence of reviewable progress, including a 4753
viable financial plan, copies of final construction drawings, and 4754
evidence that the applicant has obtained all historic approvals 4755
within twelve months after the date the applicant received 4756
notification of approval, and if the applicant fails to provide 4757
evidence to the director that the applicant has secured and closed 4758
on financing for the rehabilitation within eighteen months after 4759
receiving notification of approval, the director may rescind the 4760
approval of the application. The director shall notify the 4761
applicant if the approval has been rescinded. Credits that would 4762
have been available to an applicant whose approval was rescinded 4763
shall be available for other qualified applicants. Nothing in this 4764
division prohibits an applicant whose approval has been rescinded 4765
from submitting a new application for a rehabilitation tax credit 4766
certificate.4767

        (E) Issuance of a certificate represents a finding by the 4768
director of development services of the matters described in 4769
divisions (C)(1), (2), and (3) of this section only; issuance of a 4770
certificate does not represent a verification or certification by 4771
the director of the amount of qualified rehabilitation 4772
expenditures for which a tax credit may be claimed under section 4773
5725.151, 5725.34, 5726.52, 5729.17, 5733.47, or 5747.76 of the 4774
Revised Code. The amount of qualified rehabilitation expenditures 4775
for which a tax credit may be claimed is subject to inspection and 4776
examination by the tax commissioner or employees of the 4777
commissioner under section 5703.19 of the Revised Code and any 4778
other applicable law. Upon the issuance of a certificate, the 4779
director shall certify to the tax commissioner, in the form and 4780
manner requested by the tax commissioner, the name of the 4781
applicant, the amount of qualified rehabilitation expenditures 4782
shown on the certificate, and any other information required by 4783
the rules adopted under this section.4784

       (F)(1) On or before the first day of AprilAugust each year, 4785
the director of development services and tax commissioner jointly 4786
shall submit to the president of the senate and the speaker of the 4787
house of representatives a report on the tax credit program 4788
established under this section and sections 5725.151, 5725.34, 4789
5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code. The 4790
report shall present an overview of the program and shall include 4791
information on the number of rehabilitation tax credit 4792
certificates issued under this section during the preceding fiscal 4793
year, an update on the status of each historic building for which 4794
an application was approved under this section, the dollar amount 4795
of the tax credits granted under sections 5725.151, 5725.34, 4796
5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code, and 4797
any other information the director and commissioner consider 4798
relevant to the topics addressed in the report.4799

        (2) On or before December 1, 2015, the director of 4800
development services and tax commissioner jointly shall submit to 4801
the president of the senate and the speaker of the house of 4802
representatives a comprehensive report that includes the 4803
information required by division (F)(1) of this section and a 4804
detailed analysis of the effectiveness of issuing tax credits for 4805
rehabilitating historic buildings. The report shall be prepared 4806
with the assistance of an economic research organization jointly 4807
chosen by the director and commissioner.4808

       (G) There is hereby created in the state treasury the 4809
historic rehabilitation tax credit operating fund. The director of 4810
development services is authorized to charge reasonable 4811
application and other fees in connection with the administration 4812
of tax credits authorized by this section and sections 5725.151, 4813
5725.34, 5726.52, 5729.17, 5733.445733.47, and 5747.76 of the 4814
Revised Code. Any such fees collected shall be credited to the 4815
fund and used to pay reasonable costs incurred by the department 4816
of development services in administering this section and sections 4817
5725.151, 5725.34, 5726.52, 5729.17, 5733.445733.47, and 5747.76 4818
of the Revised Code.4819

       The Ohio historic preservation office is authorized to charge 4820
reasonable fees in connection with its review and approval of 4821
applications under this section. Any such fees collected shall be 4822
credited to the fund and used to pay administrative costs incurred 4823
by the Ohio historic preservation office pursuant to this section.4824

       Sec. 149.38.  (A) Except as otherwise provided in section 4825
307.847 of the Revised Code, there is hereby created in each 4826
county a county records commission, composed of a member of the 4827
board of county commissioners as chairperson, the prosecuting 4828
attorney, the auditor, the recorder, and the clerk of the court of 4829
common pleas. The commission shall appoint a secretary, who may or 4830
may not be a member of the commission and who shall serve at the 4831
pleasure of the commission. The commission may employ an archivist 4832
or records manager to serve under its direction. The commission 4833
shall meet at least once every six months and upon the call of the 4834
chairperson.4835

       (B)(1) The functions of the county records commission shall 4836
be to provide rules for retention and disposal of records of the 4837
county, and to review applications for one-time disposal of 4838
obsolete records and schedules of records retention and 4839
disposition submitted by county offices. The commission may 4840
dispose of records pursuant to the procedure outlined in this 4841
section. The commission, at any time, may review any schedule it 4842
has previously approved and, for good cause shown, may revise that 4843
schedule, subject to division (D) of this section.4844

       (2)(a) As used in division (B)(2) of this section, "paper 4845
case records" means written reports of child abuse or neglect, 4846
written records of investigations, or other written records 4847
required to be prepared under section 2151.421, 5101.13, 5153.166, 4848
or 5153.17 of the Revised Code. 4849

       (b) A county public children services agency may submit to 4850
the county records commission applications for one-time disposal, 4851
or schedules of records retention and disposition, of paper case 4852
records that have been entered into permanently maintained and 4853
retrievable fields in the state automated child welfare 4854
information system established under section 5101.13 of the 4855
Revised Code or entered into other permanently maintained and 4856
retrievable electronic files. The county records commission may 4857
dispose of the paper case records pursuant to the procedure 4858
outlined in this section. 4859

       (C)(1) When the county records commission has approved any 4860
county application for one-time disposal of obsolete records or 4861
any schedule of records retention and disposition, the commission 4862
shall send that application or schedule to the Ohio historical 4863
society for its review. The Ohio historical society shall review 4864
the application or schedule within a period of not more than sixty 4865
days after its receipt of it. During the sixty-day review period, 4866
the Ohio historical society may select for its custody from the 4867
application for one-time disposal of obsolete records any records 4868
it considers to be of continuing historical value, and shall 4869
denote upon any schedule of records retention and disposition any 4870
records for which the Ohio historical society will require a 4871
certificate of records disposal prior to their disposal.4872

       (2) Upon completion of its review, the Ohio historical 4873
society shall forward the application for one-time disposal of 4874
obsolete records or the schedule of records retention and 4875
disposition to the auditor of state for the auditor's approval or 4876
disapproval. The auditor of state shall approve or disapprove the 4877
application or schedule within a period of not more than sixty 4878
days after receipt of it. 4879

       (3) Before public records are to be disposed of pursuant to 4880
an approved schedule of records retention and disposition, the 4881
county records commission shall inform the Ohio historical society 4882
of the disposal through the submission of a certificate of records 4883
disposal for only the records required by the schedule to be 4884
disposed of and shall give the society the opportunity for a 4885
period of fifteen business days to select for its custody those 4886
records, from the certificate submitted, that it considers to be 4887
of continuing historical value. Upon the expiration of the 4888
fifteen-business-day period, the county records commission also 4889
shall notify the public libraries, county historical society, 4890
state universities, and other public or quasi-public institutions, 4891
agencies, or corporations in the county that have provided the 4892
commission with their name and address for these notification 4893
purposes, that the commission has informed the Ohio historical 4894
society of the records disposal and that the notified entities, 4895
upon written agreement with the Ohio historical society pursuant 4896
to section 149.31 of the Revised Code, may select records of 4897
continuing historical value, including records that may be 4898
distributed to any of the notified entities under section 149.31 4899
of the Revised Code. Any notified entity that notifies the county 4900
records commission of its intent to review and select records of 4901
continuing historical value from certificates of records disposal 4902
is responsible for the cost of any notice given and for the 4903
transportation of those records.4904

       (D) The rules of the county records commission shall include 4905
a rule that requires any receipts, checks, vouchers, or other 4906
similar records pertaining to expenditures from the delinquent tax 4907
and assessment collection fund created in section 321.261 of the 4908
Revised Code, from the real estate assessment fund created in 4909
section 325.31 of the Revised Code, or from amounts allocated for 4910
the furtherance of justice to the county sheriff under section 4911
325.071 of the Revised Code or to the prosecuting attorney under 4912
section 325.12 of the Revised Code to be retained for at least 4913
four years.4914

       (E) No person shall knowingly violate the rule adopted under 4915
division (D) of this section. Whoever violates that rule is guilty 4916
of a misdemeanor of the first degree.4917

       Sec. 150.10.  (A) On the first day of January of the second 4918
year after the date of entering into an agreement under section 4919
150.05 of the Revised Code and on the first day of August of each 4920
ensuing year, the authority shall file with the clerk of the house 4921
of representatives, the clerk of the senate, and the chairpersons 4922
of the house and senate standing committees predominantly 4923
concerned with economic development a written report on the Ohio 4924
venture capital program. The report shall include all the 4925
following:4926

       (1) A description of the details of the investment policy 4927
established or modified in accordance with sections 150.03 and 4928
150.04 of the Revised Code;4929

       (2) The authority's assessment of the program's achievement 4930
of its purpose stated in section 150.01 of the Revised Code;4931

       (3) The value of tax credit certificates issued by the 4932
authority under section 150.07 of the Revised Code in each fiscal 4933
year ending on or before the preceding thirtieth day of June;4934

       (4) The amount of tax credits claimed pursuant to section 4935
5707.031, 5725.19, 5726.53, 5727.241, 5729.08, 5733.49, or 5747.80 4936
of the Revised Code, as to the respective taxes involved;4937

       (5) The financial status of the Ohio venture capital fund;4938

       (6) The names of venture capital funds in which money from 4939
the program fund has been invested and the locations of their 4940
principal offices, and the names of the enterprises in which each 4941
of those venture capital funds has invested such money and the 4942
locations of those enterprises' principal offices;4943

       (7) Any recommendations for modifying the program to better 4944
achieve the purpose stated in section 150.01 of the Revised Code.4945

       (B) During each year that a report is issued under division 4946
(A) of this section, the chairperson of the authority, or another 4947
member of the authority designated by the chairperson as the 4948
authority's representative, shall be required to appear in person 4949
before the standing committees of the house and senate 4950
predominantly concerned with economic development to give 4951
testimony concerning the status of the Ohio venture capital 4952
program.4953

       Sec. 153.56. (A) Any person to whom any money is due for 4954
labor or work performed or materials furnished in a public 4955
improvement as provided in section 153.54 of the Revised Code, at 4956
any time after performing the labor or work or furnishing the 4957
materials, but not later than ninety days after the completion of 4958
the contract by the principal contractor or design-build firm and 4959
the acceptance of the public improvement for which the bond was 4960
provided by the duly authorized board or officer, shall furnish 4961
the sureties on the bond, a statement of the amount due to the 4962
person.4963

       (B) A suit shall not be brought against sureties on the bond 4964
until after sixty days after the furnishing of the statement 4965
described in division (A) of this section. If the indebtedness is 4966
not paid in full at the expiration of that sixty days, and if the 4967
person complies with division (C) of this section, the person may 4968
bring an action in the person's own name upon the bond, as 4969
provided in sections 2307.06 and 2307.07 of the Revised Code, that 4970
action to be commenced, notwithstanding section 2305.12 of the 4971
Revised Code, not later than one year from the date of acceptance 4972
of the public improvement for which the bond was provided.4973

       (C) To exercise rights under this section, a subcontractor or 4974
materials supplier supplying labor or materials that cost more 4975
than thirty thousand dollars, who is not in direct privity of 4976
contract with the principal contractor or design-build firm for 4977
the public improvement, shall serve a notice of furnishing upon 4978
the principal contractor or design-build firm in the form provided 4979
in section 1311.261 of the Revised Code.4980

       (D) A subcontractor or materials supplier who serves a notice 4981
of furnishing under division (C) of this section as required to 4982
exercise rights under this section has the right of recovery only 4983
as to amounts owed for labor and work performed and materials 4984
furnished during and after the twenty-one days immediately 4985
preceding service of the notice of furnishing.4986

       (E) For purposes of this section:4987

       (1) "Design-build firm" has the same meaning as in section 4988
153.65 of the Revised Code.4989

       (2) "Principal contractor" has the same meaning as in section 4990
1311.25 of the Revised Code, and may include a "construction 4991
manager" and a "construction manager at risk" as defined in 4992
section 9.33 of the Revised Code.4993

       Sec. 164.26. (A) The director of the Ohio public works 4994
commission shall establish policies related to the need for 4995
long-term ownership, or long-term control through a lease or the 4996
purchase of an easement, of real property that is the subject of 4997
an application for a grant under sections 164.20 to 164.27 of the 4998
Revised Code and establish requirements for documentation to be 4999
submitted by grant applicants that is necessary for the proper 5000
administration of this division. The policies shall provide for 5001
proper penalties, includingliquidated damages and grant 5002
repayment, for entities that fail to comply with the long-term 5003
ownership or control requirements established under this division.5004

       The director also shall adopt policies delineating what 5005
constitutes administrative costs for purposes of division (F) of 5006
section 164.27 of the Revised Code.5007

       (B) The Ohio public works commission shall administer 5008
sections 164.20 to 164.27 of the Revised Code and shall exercise 5009
any authority and use any procedures granted or established under 5010
sections 164.02 and 164.05 of the Revised Code that are necessary 5011
for that purpose.5012

       Sec. 164.261.  All of the following apply to any repayment of 5013
a grant awarded under sections 164.20 to 164.27 of the Revised 5014
Code:5015

       (A) The Ohio public works commission shall deposit the grant 5016
repayment into the clean Ohio conservation fund created in section 5017
164.27 of the Revised Code.5018

       (B) The commission shall return the grant repayment to the 5019
natural resource assistance council that approved the grant 5020
application.5021

       (C) The grant repayment shall be used for the same purpose as 5022
the grant was originally approved for, as provided in section 5023
164.22 of the Revised Code.5024

       Sec. 166.13. (A) Prior to entering into each agreement to 5025
provide innovation financial assistance under sections 166.12, 5026
166.15, and 166.16 of the Revised Code, the director of 5027
development services shall determine whether the assistance will 5028
conform to the requirements of sections 166.12 to 166.16 of the 5029
Revised Code. Such determination, and the facts upon which it is 5030
based, shall be set forth by the director in submissions made to 5031
the controlling board when the director seeks a release of moneys 5032
under section 166.12 of the Revised Code. An agreement to provide 5033
assistance under sections 166.12, 166.15, and 166.16 of the 5034
Revised Code shall set forth the determination, which shall be 5035
conclusive for purposes of the validity and enforceability of the 5036
agreement and any innovation loan guarantees, innovation loans, or 5037
other agreements entered into pursuant to the agreement to provide 5038
innovation financial assistance.5039

        (B) Whenever a person applies for innovation financial 5040
assistance under sections 166.12, 166.15, and 166.16 of the 5041
Revised Code and the eligible innovation project for which 5042
innovation financial assistance is requested is to relocate an 5043
eligible innovation project that is currently being operated by 5044
the person and that is located in another county, municipal 5045
corporation, or township, the directorperson shall provide 5046
written notification to the appropriate local governmental bodies 5047
and state officials. The notification shall contain the following 5048
information:5049

       (1) The name of the person applying for innovation financial 5050
assistance;5051

       (2) The county, and the municipal corporation or township, in 5052
which the eligible innovation project for which innovation 5053
financial assistance is requested is located; and5054

       (3) The county, and the municipal corporation or township, in 5055
which the eligible innovation project to be replaced is located5056
director may not enter into an agreement to provide innovation 5057
financial assistance until the director determines that the 5058
appropriate local government bodies and state officials have been 5059
notified.5060

        (C) As used in division (B) of this section:5061

        (1) "Appropriate local governmental bodies" means:5062

        (a) The boards of county commissioners or legislative 5063
authorities of the county in which the project for which 5064
innovation financial assistance is requested is located and of the 5065
county in which the eligible innovation project to be replaced is 5066
located;5067

        (b) The legislative authority of the municipal corporation or 5068
the board of township trustees of the township in which the 5069
eligible innovation project for which innovation financial 5070
assistance is requested is located; and5071

        (c) The legislative authority of the municipal corporation or 5072
the board of township trustees of the township in which the 5073
eligible innovation project to be replaced is located.5074

        (2) "State officials" means:5075

        (a) The state representative and state senator in whose 5076
districts the project for which innovation financial assistance is 5077
requested is located;5078

        (b) The state representative and state senator in whose 5079
districts the innovation project to be replaced is located.5080

       Sec. 166.18. (A) Prior to entering into each agreement to 5081
provide research and development financial assistance, the 5082
director of development services shall determine whether the 5083
assistance will conform to the requirements of sections 166.17 to 5084
166.21, 5733.352, and 5747.331 of the Revised Code. Such 5085
determination, and the facts upon which it is based, shall be set 5086
forth by the director in submissions made to the controlling board 5087
when the director seeks a release of moneys under section 166.17 5088
of the Revised Code. An agreement to provide research and 5089
development financial assistance under section 166.17 or 166.21 of 5090
the Revised Code shall set forth the determination, which shall be 5091
conclusive for purposes of the validity and enforceability of the 5092
agreement, and any loans or other agreements entered into pursuant 5093
to the agreement, to provide research and development financial 5094
assistance.5095

        (B) Whenever a person applies for research and development 5096
financial assistance, and the eligible research and development 5097
project for which that assistance is requested is to relocate an 5098
eligible research and development project that is currently being 5099
operated by the person and that is located in another county, 5100
municipal corporation, or township within the state, the director5101
person shall provide written notification to the appropriate local 5102
governmental bodies and state officials. The notification shall 5103
state all of the following:5104

       (1) The name of the person applying for research and 5105
development financial assistance;5106

       (2) The county, and the municipal corporation or township, in 5107
which the project for which research and development financial 5108
assistance is requested will be located;5109

       (3) The county, and the municipal corporation or township, in 5110
which the eligible research and development project is located at 5111
the time such financial assistance is requesteddirector may not 5112
enter into an agreement to provide research and development 5113
financial assistance until the director determines that the 5114
appropriate local government bodies and state officials have been 5115
notified.5116

        (C) As used in division (B) of this section:5117

        (1) "Appropriate local governmental bodies" means all of the 5118
following:5119

        (a) The board of county commissioners of or legislative 5120
authorities of special districts in the county in which the 5121
eligible research and development project for which research and 5122
development financial assistance is requested is located and of 5123
the county in which the project will be located;5124

       (b) The legislative authority of the municipal corporation or 5125
the board of township trustees of the township in which the 5126
eligible research and development project for which research and 5127
development financial assistance is requested is located and of 5128
the municipal corporation or township in which the project will be 5129
located.5130

        (2) "State officials" means both of the following:5131

        (a) The state representative and state senator in whose 5132
district the eligible research and development project for which 5133
research and development financial assistance is requested is 5134
located;5135

        (b) The state representative and state senator in whose 5136
district the eligible research and development project will be 5137
located.5138

       Sec. 166.21. (A) The director of development services, with 5139
the approval of the controlling board and subject to other 5140
applicable provisions of this chapter, may lend moneys in the 5141
research and development loan fund to persons for the purpose of 5142
paying allowable costs of eligible research and development 5143
projects, if the director determines that all of the following 5144
conditions are met:5145

        (1) The project is an eligible research and development 5146
project and is economically sound;5147

        (2) The amount to be lent from the research and development 5148
loan fund will not exceed seventy-five per cent of the total costs 5149
of the eligible research and development project;5150

        (3) The repayment of the loan from the research and 5151
development loan fund will be secured by a mortgage, assignment, 5152
pledge, lien provided for under section 9.661 of the Revised Code, 5153
or other interest in property or other assets of the borrower, at 5154
such level of priority and value as the director considers 5155
necessary, provided that, in making such a determination, the 5156
director shall take into account the value of any rights granted 5157
by the borrower to the director to control the use of any assets 5158
of the borrower under the circumstances described in the loan 5159
documents.5160

        (B) The determinations of the director under division (A) of 5161
this section shall be conclusive for purposes of the validity of a 5162
loan commitment evidenced by a loan agreement signed by the 5163
director.5164

        (C) Fees, charges, rates of interest, times of payment of 5165
interest and principal, and other terms and conditions of, and 5166
security for, loans made from the research and development loan 5167
fund shall be such as the director determines to be appropriate 5168
and in furtherance of the purpose for which the loans are made. 5169
The moneys used in making loans shall be disbursed from the fund 5170
upon order of the director. Unless otherwise specified in any 5171
indenture or other instrument securing obligations under division 5172
(D) of section 166.08 of the Revised Code, any payments of 5173
principal and interest from loans made from the fund shall be paid 5174
to the fund and used for the purpose of making loans under this 5175
section.5176

        (D)(1) As used in this division, "qualified research and 5177
development loan payments" means payments of principal and 5178
interest on a loan made from the research and development loan 5179
fund.5180

        (2) Each year, the director may, upon request, issue a 5181
certificate to a borrower of moneys from the research and 5182
development loan fund indicating the amount of the qualified 5183
research and development loan payments made by or on behalf of the 5184
borrower during the calendar year immediately preceding the tax 5185
year, as defined in section 5733.04 of the Revised Code, or 5186
taxable year, as defined in section 5747.01 of the Revised Code, 5187
for which the certificate is issued. In addition to indicating the 5188
amount of qualified research and development loan payments, the 5189
certificate shall include a determination of the director that as 5190
of the thirty-first day of December of the calendar year for which 5191
the certificate is issued, the borrower is not in default under 5192
the loan agreement, lease, or other instrument governing repayment 5193
of the loan, including compliance with the job creation and 5194
retention commitments that are part of the qualified research and 5195
development project. If the director determines that a borrower is 5196
in default under the loan agreement, lease, or other instrument 5197
governing repayment of the loan, the director may reduce the 5198
amount, percentage, or term of the credit allowed under section 5199
5733.352, 5747.331, or 5751.52 of the Revised Code with respect to 5200
the certificate issued to the borrower. The director shall not 5201
issue a certificate in an amount that exceeds one hundred fifty 5202
thousand dollars.5203

        (E) The director may take actions necessary or appropriate to 5204
collect or otherwise deal with any loan made under this section.5205

        (F) The director may fix service charges for the making of a 5206
loan. The charges shall be payable at such times and place and in 5207
such amounts and manner as may be prescribed by the director.5208

        (G)(1) There shall be credited to the research and 5209
development loan fund moneys received by this state from the 5210
repayment of loans, including interest thereon, made from the 5211
fund, and moneys received from the sale, lease, or other 5212
disposition of property acquired or constructed with moneys in the 5213
fund derived from the proceeds of the sale of obligations under 5214
section 166.08 of the Revised Code. Moneys in the fund shall be 5215
applied as provided in this chapter pursuant to appropriations 5216
made by the general assembly.5217

        (2) In addition to the requirements in division (G)(1) of 5218
this section, moneys referred to in that division may be deposited 5219
to the credit of separate accounts established by the director of 5220
development services within the research and development loan fund 5221
or in the bond service fund and pledged to the security of 5222
obligations, applied to the payment of bond service charges 5223
without need for appropriation, released from any such pledge and 5224
transferred to the research and development loan fund, all as and 5225
to the extent provided in the bond proceedings pursuant to written 5226
directions of the director of development. Accounts may be 5227
established by the director in the research and development loan 5228
fund for particular projects or otherwise. The director may 5229
withdraw from the fund or, subject to provisions of the applicable 5230
bond proceedings, from any special funds established pursuant to 5231
the bond proceedings, or from any accounts in such funds, any 5232
amounts of investment income required to be rebated and paid to 5233
the federal government in order to maintain the exemption from 5234
federal income taxation of interest on obligations issued under 5235
this chapter, which withdrawal and payment may be made without the 5236
necessity for appropriation.5237

       Sec. 173.27.  (A) As used in this section:5238

       (1) "Applicant" means a person who is under final 5239
consideration for employmenthiring by a responsible party in a 5240
full-time, part-time, or temporary position that involves 5241
providing ombudsman services to residents and recipients. 5242
"Applicant" includes a person who is under final consideration for 5243
employmentbeing hired as the state long-term care ombudsman or 5244
the head of a regional long-term care ombudsman program. 5245
"Applicant" does not include a person seeking to provide ombudsman 5246
services to residents and recipients as a volunteer without 5247
receiving or expecting to receive any form of remuneration other 5248
than reimbursement for actual expenses.5249

       (2) "Criminal records check" has the same meaning as in 5250
section 109.572 of the Revised Code.5251

       (3) "Disqualifying offense" means any of the offenses listed 5252
or described in divisions (A)(3)(a) to (e) of section 109.572 of 5253
the Revised Code.5254

       (4) "Employee" means a person employed by a responsible party 5255
in a full-time, part-time, or temporary position that involves 5256
providing ombudsman services to residents and recipients. 5257
"Employee" includes the person employed as the state long-term 5258
care ombudsman and a person employed as the head of a regional 5259
long-term care ombudsman program. "Employee" does not include a 5260
person who provides ombudsman services to residents and recipients 5261
as a volunteer without receiving or expecting to receive any form 5262
of remuneration other than reimbursement for actual expenses.5263

       (5) "Responsible party" means the following:5264

       (a) In the case of an applicant who is under final 5265
consideration for employmentbeing hired as the state long-term 5266
care ombudsman or the person employed as the state long-term care 5267
ombudsman, the director of aging;5268

       (b) In the case of any other applicant who is under final 5269
consideration for employment withbeing hired by the state 5270
long-term care ombudsman program or any other employee of the 5271
state long-term care ombudsman program, the state long-term care 5272
ombudsman;5273

        (c) In the case of an applicant who is under final 5274
consideration for employment withbeing hired by a regional 5275
long-term care ombudsman program (including as the head of the 5276
regional program) or an employee of a regional long-term care 5277
ombudsman program (including the head of a regional program), the 5278
regional long-term care ombudsman program.5279

       (B) A responsible party may not employhire an applicant or 5280
continue to employretain an employee in a position that involves 5281
providing ombudsman services to residents and recipients if any of 5282
the following apply:5283

       (1) A review of the databases listed in division (D) of this 5284
section reveals any of the following:5285

       (a) That the applicant or employee is included in one or more 5286
of the databases listed in divisions (D)(1) to (5) of this 5287
section;5288

       (b) That there is in the state nurse aide registry 5289
established under section 3721.32 of the Revised Code a statement 5290
detailing findings by the director of health that the applicant or 5291
employee neglected or abused a long-term care facility or 5292
residential care facility resident or misappropriated property of 5293
such a resident;5294

       (c) That the applicant or employee is included in one or more 5295
of the databases, if any, specified in rules adopted under this 5296
section and the rules prohibit the responsible party from 5297
employing an applicant or continuing to employ an employee 5298
included in such a database in a position that involves providing 5299
ombudsman services to residents and recipients.5300

       (2) After the applicant or employee is provided, pursuant to 5301
division (E)(2)(a) of this section, a copy of the form prescribed 5302
pursuant to division (C)(1) of section 109.572 of the Revised Code 5303
and the standard impression sheet prescribed pursuant to division 5304
(C)(2) of that section, the applicant or employee fails to 5305
complete the form or provide the applicant's or employee's 5306
fingerprint impressions on the standard impression sheet.5307

       (3) Unless the applicant or employee meets standards 5308
specified in rules adopted under this section, the applicant or 5309
employee is found by a criminal records check required by this 5310
section to have been convicted of,or pleaded guilty to, or been 5311
found eligible for intervention in lieu of conviction for a 5312
disqualifying offense.5313

       (C) A responsible party or a responsible party's designee 5314
shall inform each applicant of both of the following at the time 5315
of the applicant's initial application for employment inhiring 5316
into a position that involves providing ombudsman services to 5317
residents and recipients:5318

       (1) That a review of the databases listed in division (D) of 5319
this section will be conducted to determine whether the 5320
responsible party is prohibited by division (B)(1) of this section 5321
from employinghiring the applicant ininto the position;5322

       (2) That, unless the database review reveals that the 5323
applicant may not be employed inhired into the position, a 5324
criminal records check of the applicant will be conducted and the 5325
applicant is required to provide a set of the applicant's 5326
fingerprint impressions as part of the criminal records check.5327

       (D) As a condition of any applicant's being employedhired by 5328
a responsible party in a position that involves providing 5329
ombudsman services to residents and recipients, the responsible 5330
party or designee shall conduct a database review of the applicant 5331
in accordance with rules adopted under this section. If rules 5332
adopted under this section so require, the responsible party or 5333
designee shall conduct a database review of an employee in 5334
accordance with the rules as a condition of the responsible party 5335
continuing to employretaining the employee in a position that 5336
involves providing ombudsman services to residents and recipients. 5337
A database review shall determine whether the applicant or 5338
employee is included in any of the following:5339

       (1) The excluded parties list system that is maintained by 5340
the United States general services administration pursuant to 5341
subpart 9.4 of the federal acquisition regulation and available at 5342
the federal web site known as the system for award management;5343

       (2) The list of excluded individuals and entities maintained 5344
by the office of inspector general in the United States department 5345
of health and human services pursuant to section 1128 of the 5346
"Social Security Act," 94 Stat. 2619 (1980), 42 U.S.C. 1320a-7, as 5347
amended, and section 1156 of the "Social Security Act," 96 Stat. 5348
388 (1982), 42 U.S.C. 1320c-5, as amended;5349

       (3) The registry of MR/DD employees established under section 5350
5123.52 of the Revised Code;5351

       (4) The internet-based sex offender and child-victim offender 5352
database established under division (A)(11) of section 2950.13 of 5353
the Revised Code;5354

       (5) The internet-based database of inmates established under 5355
section 5120.66 of the Revised Code;5356

       (6) The state nurse aide registry established under section 5357
3721.32 of the Revised Code;5358

       (7) Any other database, if any, specified in rules adopted 5359
under this section.5360

       (E)(1) As a condition of any applicant's being employed by a 5361
responsible party inon hiring an applicant into a position that 5362
involves providing ombudsman services to residents and recipients, 5363
the responsible party or designee shall request that the 5364
superintendent of the bureau of criminal identification and 5365
investigation conduct a criminal records check of the applicant. 5366
If rules adopted under this section so require, the responsible 5367
party or designee shall request that the superintendent conduct a 5368
criminal records check of an employee at times specified in the 5369
rules as a condition of the responsible party continuing to employ5370
for retaining the employee in a position that involves providing 5371
ombudsman services to residents and recipients. However, the 5372
responsible party or designee is not required to request the 5373
criminal records check of the applicant or employee if the 5374
responsible party is prohibited by division (B)(1) of this section 5375
from employinghiring the applicant or continuing to employ5376
retaining the employee in a position that involves providing 5377
ombudsman services to residents and recipients. If an applicant or 5378
employee for whom a criminal records check request is required by 5379
this section does not present proof of having been a resident of 5380
this state for the five-year period immediately prior to the date 5381
the criminal records check is requested or provide evidence that 5382
within that five-year period the superintendent has requested 5383
information about the applicant or employee from the federal 5384
bureau of investigation in a criminal records check, the 5385
responsible party or designee shall request that the 5386
superintendent obtain information from the federal bureau of 5387
investigation as part of the criminal records check. Even if an 5388
applicant or employee for whom a criminal records check request is 5389
required by this section presents proof of having been a resident 5390
of this state for the five-year period, the responsible party or 5391
designee may request that the superintendent include information 5392
from the federal bureau of investigation in the criminal records 5393
check.5394

       (2) A responsible party or designee shall do all of the 5395
following:5396

       (a) Provide to each applicant and employee for whom a 5397
criminal records check request is required by this section a copy 5398
of the form prescribed pursuant to division (C)(1) of section 5399
109.572 of the Revised Code and a standard impression sheet 5400
prescribed pursuant to division (C)(2) of that section;5401

       (b) Obtain the completed form and standard impression sheet 5402
from the applicant or employee;5403

       (c) Forward the completed form and standard impression sheet 5404
to the superintendent. 5405

       (3) A responsible party shall pay to the bureau of criminal 5406
identification and investigation the fee prescribed pursuant to 5407
division (C)(3) of section 109.572 of the Revised Code for each 5408
criminal records check the responsible party or the responsible 5409
party's designee requests under this section. The responsible 5410
party may charge an applicant a fee not exceeding the amount the 5411
responsible party pays to the bureau under this section if the 5412
responsible party or designee notifies the applicant at the time 5413
of initial application for employmenthiring into the position in 5414
question of the amount of the fee.5415

        (F)(1) A responsible party may employ conditionally hire an 5416
applicant for whom a criminal records check is required by this 5417
section prior to obtaining the results of the criminal records 5418
check if both of the following apply:5419

       (a) The responsible party is not prohibited by division 5420
(B)(1) of this section from employinghiring the applicant in a 5421
position that involves providing ombudsman services to residents 5422
and recipients;5423

       (b) The responsible party or designee requests the criminal 5424
records check in accordance with division (E) of this section not 5425
later than five business days after the responsible party 5426
conditionally hires the applicant begins conditional employment.5427

       (2) A responsible party shall terminate the employment of an 5428
applicant employed conditionally under division (F)(1) of this 5429
sectionremove a conditionally hired applicant from any job duties 5430
that require a criminal records check if the results of the 5431
criminal records check, other than the results of any request for 5432
information from the federal bureau of investigation, are not 5433
obtained within the period ending sixty days after the date the 5434
request for the criminal records check is made. Regardless5435

       Regardless of when the results of the criminal records check 5436
are obtained, if the results indicate that the conditionally hired5437
applicant has been convicted of,or pleaded guilty to, or been 5438
found eligible for intervention in lieu of conviction for a 5439
disqualifying offense, the responsible party shall terminate the 5440
applicant's employment unless the applicant meets standards 5441
specified in rules adopted under this section that permit the 5442
responsible party to employhire the applicant and the responsible 5443
party chooses to employhire the applicant. Termination of 5444
employment under this division shall be considered just cause for 5445
discharge for purposes of division (D)(2) of section 4141.29 of 5446
the Revised Code if the applicant makes any attempt to deceive the 5447
responsible party or designee about the applicant's criminal 5448
record.5449

       (G) The report of any criminal records check conducted 5450
pursuant to a request made under this section is not a public 5451
record for the purposes of section 149.43 of the Revised Code and 5452
shall not be made available to any person other than the 5453
following:5454

       (1) The applicant or employee who is the subject of the 5455
criminal records check or the applicant's or employee's 5456
representative;5457

       (2) The responsible party or designee;5458

       (3) In the case of a criminal records check conducted for an 5459
applicant who is under final consideration for employment with5460
hiring by a regional long-term care ombudsman program (including 5461
as the head of the regional program) or for an employee of a 5462
regional long-term care ombudsman program (including the head of a 5463
regional program), the state long-term care ombudsman or a 5464
representative of the office of the state long-term care ombudsman 5465
program who is responsible for monitoring the regional program's 5466
compliance with this section;5467

       (4) A court, hearing officer, or other necessary individual 5468
involved in a case dealing with any of the following:5469

       (a) A denial of employmenthiring of the applicant or of 5470
retention of the employee;5471

       (b) Employment or unemployment benefits of the applicant or 5472
employee;5473

       (c) A civil or criminal action regarding the medicaid program 5474
or a program the department of aging administers.5475

       (H) In a tort or other civil action for damages that is 5476
brought as the result of an injury, death, or loss to person or 5477
property caused by an applicant who a responsible party hires, or 5478
an employee who a responsible party employs, in a position that 5479
involves providing ombudsman services to residents and recipients, 5480
all of the following shall apply:5481

       (1) If the responsible party employedhired the applicant or 5482
retained the employee in good faith and reasonable reliance on the 5483
report of a criminal records check requested under this section, 5484
the responsible party shall not be found negligent solely because 5485
of its reliance on the report, even if the information in the 5486
report is determined later to have been incomplete or inaccurate.5487

       (2) If the responsible party employedconditionally hired the 5488
applicant in good faith on a conditional basis pursuant to 5489
division (F) of this section, the responsible party shall not be 5490
found negligent solely because it employedconditionally hired the 5491
applicant prior to receiving the report of a criminal records 5492
check requested under this section.5493

       (3) If the responsible party in good faith employedhired the 5494
applicant or retained the employee because the applicant or 5495
employee meets standards specified in rules adopted under this 5496
section, the responsible party shall not be found negligent solely 5497
because the applicant or employee has been convicted of,or5498
pleaded guilty to, or been found eligible for intervention in lieu 5499
of conviction for a disqualifying offense.5500

       (I) The state long-term care ombudsman may not act as the 5501
director of aging's designee for the purpose of this section. The 5502
head of a regional long-term care ombudsman program may not act as 5503
the regional program's designee for the purpose of this section if 5504
the head is the employee for whom a database review or criminal 5505
records check is being conducted.5506

       (J) The director of aging shall adopt rules in accordance 5507
with Chapter 119. of the Revised Code to implement this section. 5508

       (1) The rules may do the following:5509

       (a) Require employees to undergo database reviews and 5510
criminal records checks under this section;5511

       (b) If the rules require employees to undergo database 5512
reviews and criminal records checks under this section, exempt one 5513
or more classes of employees from the requirements;5514

       (c) For the purpose of division (D)(7) of this section, 5515
specify other databases that are to be checked as part of a 5516
database review conducted under this section.5517

       (2) The rules shall specify all of the following:5518

       (a) The procedures for conducting database reviews under this 5519
section;5520

       (b) If the rules require employees to undergo database 5521
reviews and criminal records checks under this section, the times 5522
at which the database reviews and criminal records checks are to 5523
be conducted;5524

       (c) If the rules specify other databases to be checked as 5525
part of the database reviews, the circumstances under which a 5526
responsible party is prohibited from employinghiring an applicant 5527
or continuing to employretaining an employee who is found by a 5528
database review to be included in one or more of those databases;5529

       (d) Standards that an applicant or employee must meet for a 5530
responsible party to be permitted to employhire the applicant or 5531
continue to employretain the employee in a position that involves 5532
providing ombudsman services to residents and recipients if the 5533
applicant or employee is found by a criminal records check 5534
required by this section to have been convicted of,or pleaded 5535
guilty to, or been found eligible for intervention in lieu of 5536
conviction for a disqualifying offense. 5537

       Sec. 173.38.  (A) As used in this section:5538

       (1)(a) "Applicant" means aall of the following:5539

       (i) A person who is under final consideration for employment 5540
withhiring by a responsible party in a full-time, part-time, or 5541
temporary direct-care position or is referred to a responsible 5542
party by an employment service for such a position. "Applicant";5543

       (ii) A self-employed provider bidding on a contract or grant 5544
with an area agency on aging to provide community-based long-term 5545
care services;5546

       (iii) A self-employed provider applying under section 173.391 5547
of the Revised Code for certification to provide community-based 5548
long-term care services.5549

       (b) "Applicant" does not include a person being considered 5550
for a direct-care position as a volunteer. 5551

       (2) "Area agency on aging" has the same meaning as in section 5552
173.14 of the Revised Code.5553

       (3) "Community-based long-term care services" means 5554
community-based long-term care services, as defined in section 5555
173.14 of the Revised Code, that are provided under a program the 5556
department of aging administers.5557

       (4) "Consumer" means an individual who receives 5558
community-based long-term care services.5559

        (5) "Criminal records check" has the same meaning as in 5560
section 109.572 of the Revised Code.5561

       (6)(a) "Direct-care position" means an employment position in 5562
which an employee has either or both of the following:5563

       (i) In-person contact with one or more consumers;5564

       (ii) Access to one or more consumers' personal property or 5565
records.5566

       (b) "Direct-care position" does not include a person whose 5567
sole duties are transporting individuals under Chapter 306. of the 5568
Revised Code.5569

       (7) "Disqualifying offense" means any of the offenses listed 5570
or described in divisions (A)(3)(a) to (e) of section 109.572 of 5571
the Revised Code.5572

       (8)(a) "Employee" means aall of the following:5573

       (i) A person employed by a responsible party in a full-time, 5574
part-time, or temporary direct-care position and a person who 5575
works in such a position due to being referred to a responsible 5576
party by an employment service. "Employee";5577

       (ii) A self-employed provider who has a contract or grant 5578
with an area agency on aging to provide community-based long-term 5579
care services;5580

       (iii) A self-employed provider certified under section 5581
173.391 of the Revised Code to provide community-based long-term 5582
care services.5583

       (b) "Employee" does not include a person who works in a 5584
direct-care position as a volunteer. 5585

       (9) "PASSPORT administrative agency" has the same meaning as 5586
in section 173.42 of the Revised Code.5587

       (10) "Provider" has the same meaning as in section 173.39 of 5588
the Revised Code.5589

       (11) "Responsible party" means the following:5590

       (a) An area agency on aging in the case of eitherany of the 5591
following:5592

       (i) A person who is an applicant because the agency is giving 5593
the person is under final consideration for employment with the 5594
agency inbeing hired into a full-time, part-time, or temporary 5595
direct-care position or isan employment service referred the 5596
person to the agency by an employment service for such a position;5597

       (ii) A person who is an employee because the agency employs 5598
the person is employed by the agency in a full-time, part-time, or 5599
temporary direct-care position or works in such a position due to 5600
beingan employment service referred the person to the agency by 5601
an employment servicefor employment in such a position;5602

       (iii) A self-employed provider who is an applicant because 5603
the provider is bidding on a contract or grant with the agency to 5604
provide community-based long-term care services;5605

       (iv) A self-employed provider who is an employee because the 5606
provider has a contract or grant with the agency to provide 5607
community-based long-term care services.5608

       (b) A PASSPORT administrative agency in the case of either5609
any of the following:5610

       (i) A person who is an applicant because the agency is giving 5611
the person is under final consideration for employment with the 5612
agency inbeing hired into a full-time, part-time, or temporary 5613
direct-care position or isan employment service referred the 5614
person to the agency by an employment service for such a position;5615

       (ii) A person who is an employee because the agency employs 5616
the person is employed by the agency in a full-time, part-time, or 5617
temporary direct-care position or works in such a position due to 5618
beingan employment service referred the person to the agency by 5619
an employment servicefor employment in such a position;5620

       (iii) A self-employed provider who is an applicant because 5621
the provider is applying under section 173.391 of the Revised Code 5622
for certification to provide community-based long-term care 5623
services and intends to provide the services in the area served by 5624
the agency;5625

       (iv) A self-employed provider who is an employee because the 5626
provider is certified under section 173.391 of the Revised Code to 5627
provide community-based long-term care services and provides the 5628
services in the area served by the agency.5629

       (c) A provider in the case of either of the following:5630

       (i) A person who is an applicant because the provider is 5631
giving the person is under final consideration for employment with 5632
the provider inbeing hired into a full-time, part-time, or 5633
temporary direct-care position or isan employment service5634
referred the person to the provider by an employment service for 5635
such a position;5636

       (ii) A person who is an employee because the provider employs5637
the person is employed by the provider in a full-time, part-time, 5638
or temporary direct-care position or works in such a position due 5639
to beingan employment service referred the person to the provider 5640
by an employment servicefor employment in such a position.5641

       (d) A subcontractor in the case of either of the following:5642

       (i) A person who is an applicant because the subcontractor is 5643
giving the person is under final consideration for employment with 5644
the subcontractor inbeing hired into a full-time, part-time, or 5645
temporary direct-care position or isan employment service5646
referred the person to the subcontractor by an employment service5647
for such a position;5648

       (ii) A person who is an employee because the subcontractor 5649
employs the person is employed by the subcontractor in a 5650
full-time, part-time, or temporary direct-care position or works 5651
in such a position due to beingan employment service referred the 5652
person to the subcontractor by an employment servicefor 5653
employment in such a position.5654

       (e) A consumer who, as the employer of record, directs a 5655
consumer-directed provider.5656

       (12) "Self-employed" means the state of working for one's 5657
self with no employees. A consumer-directed provider is not 5658
self-employed because the consumer is the employer of record.5659

       (13) "Subcontractor" has the meaning specified in rules 5660
adopted under this section.5661

       (13)(14) "Volunteer" means a person who serves in a 5662
direct-care position without receiving or expecting to receive any 5663
form of remuneration other than reimbursement for actual expenses.5664

       (14)(15) "Waiver agency" has the same meaning as in section 5665
5164.342 of the Revised Code.5666

       (B) This section does not apply to any individual who is 5667
subject to a database review or criminal records check under 5668
section 3701.881 of the Revised Code or to any individual who is 5669
subject to a criminal records check under section 3721.121 of the 5670
Revised Code. If a provider or subcontractor also is a waiver 5671
agency, the provider or subcontractor may provide for applicants 5672
and employees to undergo database reviews and criminal records 5673
checks in accordance with section 5164.342 of the Revised Code 5674
rather than this section.5675

       (C) No responsible party shall employhire an applicant or 5676
continue to employretain an employee in a direct-care position if 5677
any of the following apply:5678

       (1) A review of the databases listed in division (E) of this 5679
section reveals any of the following:5680

       (a) That the applicant or employee is included in one or more 5681
of the databases listed in divisions (E)(1) to (5) of this 5682
section;5683

       (b) That there is in the state nurse aide registry 5684
established under section 3721.32 of the Revised Code a statement 5685
detailing findings by the director of health that the applicant or 5686
employee neglected or abused a long-term care facility or 5687
residential care facility resident or misappropriated property of 5688
such a resident;5689

       (c) That the applicant or employee is included in one or more 5690
of the databases, if any, specified in rules adopted under this 5691
section and the rules prohibit the responsible party from 5692
employinghiring an applicant or continuing to employretaining an 5693
employee included in such a database in a direct-care position. 5694

       (2) After the applicant or employee is provided, pursuant to 5695
division (F)(2)(a) of this section, a copy of the form prescribed 5696
pursuant to division (C)(1) of section 109.572 of the Revised Code 5697
and the standard impression sheet prescribed pursuant to division 5698
(C)(2) of that section, the applicant or employee fails to 5699
complete the form or provide the applicant's or employee's 5700
fingerprint impressions on the standard impression sheet.5701

       (3) Unless the applicant or employee meets standards 5702
specified in rules adopted under this section, the applicant or 5703
employee is found by a criminal records check required by this 5704
section to have been convicted of,or pleaded guilty to, or been 5705
found eligible for intervention in lieu of conviction for a 5706
disqualifying offense.5707

       (D) Except as provided by division (G) of this section, the 5708
chief administrator of a responsible party shall inform each 5709
applicant of both of the following at the time of the applicant's 5710
initial application for employmenthiring into a direct-care 5711
position or referral to the responsible party by an employment 5712
service for a direct-care position:5713

       (1) That a review of the databases listed in division (E) of 5714
this section will be conducted to determine whether the 5715
responsible party is prohibited by division (C)(1) of this section 5716
from employinghiring the applicant ininto the direct-care 5717
position;5718

       (2) That, unless the database review reveals that the 5719
applicant may not be employed inhired into the direct-care 5720
position, a criminal records check of the applicant will be 5721
conducted and the applicant is required to provide a set of the 5722
applicant's fingerprint impressions as part of the criminal 5723
records check.5724

       (E) As a condition of employingfor hiring any applicant in5725
into a direct-care position, the chief administrator of a 5726
responsible party shall conduct a database review of the applicant 5727
in accordance with rules adopted under this section. If rules 5728
adopted under this section so require, the chief administrator of 5729
a responsible party shall conduct a database review of an employee 5730
in accordance with the rules as a condition of continuing to 5731
employretaining the employee in a direct-care position. However, 5732
a chief administrator is not required to conduct a database review 5733
of an applicant or employee if division (G) of this section 5734
applies. A database review shall determine whether the applicant 5735
or employee is included in any of the following:5736

       (1) The excluded parties list system that is maintained by 5737
the United States general services administration pursuant to 5738
subpart 9.4 of the federal acquisition regulation and available at 5739
the federal web site known as the system for award management;5740

       (2) The list of excluded individuals and entities maintained 5741
by the office of inspector general in the United States department 5742
of health and human services pursuant to the "Social Security 5743
Act," sections 1128 and 1156, 42 U.S.C. 1320a-7 and 1320c-5;5744

       (3) The registry of MR/DD employees established under section 5745
5123.52 of the Revised Code;5746

       (4) The internet-based sex offender and child-victim offender 5747
database established under division (A)(11) of section 2950.13 of 5748
the Revised Code;5749

       (5) The internet-based database of inmates established under 5750
section 5120.66 of the Revised Code;5751

       (6) The state nurse aide registry established under section 5752
3721.32 of the Revised Code;5753

       (7) Any other database, if any, specified in rules adopted 5754
under this section.5755

       (F)(1) As a condition of employingfor hiring any applicant 5756
ininto a direct-care position, the chief administrator of a 5757
responsible party shall request that the superintendent of the 5758
bureau of criminal identification and investigation conduct a 5759
criminal records check of the applicant. If rules adopted under 5760
this section so require, the chief administrator of a responsible 5761
party shall request that the superintendent conduct a criminal 5762
records check of an employee at times specified in the rules as a 5763
condition of continuing to employfor retaining the employee in a 5764
direct-care position. However, the chief administrator is not 5765
required to request the criminal records check of the applicant or 5766
employee if division (G) of this section applies or the 5767
responsible party is prohibited by division (C)(1) of this section 5768
from employinghiring the applicant or continuing to employ5769
retaining the employee in a direct-care position. If an applicant 5770
or employee for whom a criminal records check request is required 5771
by this section does not present proof of having been a resident 5772
of this state for the five-year period immediately prior to the 5773
date the criminal records check is requested or provide evidence 5774
that within that five-year period the superintendent has requested 5775
information about the applicant or employee from the federal 5776
bureau of investigation in a criminal records check, the chief 5777
administrator shall request that the superintendent obtain 5778
information from the federal bureau of investigation as part of 5779
the criminal records check. Even if an applicant or employee for 5780
whom a criminal records check request is required by this section 5781
presents proof of having been a resident of this state for the 5782
five-year period, the chief administrator may request that the 5783
superintendent include information from the federal bureau of 5784
investigation in the criminal records check.5785

       (2) The chief administrator shall do all of the following:5786

       (a) Provide to each applicant and employee for whom a 5787
criminal records check request is required by this section a copy 5788
of the form prescribed pursuant to division (C)(1) of section 5789
109.572 of the Revised Code and a standard impression sheet 5790
prescribed pursuant to division (C)(2) of that section;5791

       (b) Obtain the completed form and standard impression sheet 5792
from the applicant or employee;5793

       (c) Forward the completed form and standard impression sheet 5794
to the superintendent. 5795

       (3) A responsible party shall pay to the bureau of criminal 5796
identification and investigation the fee prescribed pursuant to 5797
division (C)(3) of section 109.572 of the Revised Code for each 5798
criminal records check the responsible party requests under this 5799
section. A responsible party may charge an applicant a fee not 5800
exceeding the amount the responsible party pays to the bureau 5801
under this section if both of the following apply:5802

       (a) The responsible party notifies the applicant at the time 5803
of initial application for employmenthiring into the position in 5804
question of the amount of the fee and that, unless the fee is 5805
paid, the applicant will not be considered for employmentthe 5806
hiring.5807

       (b) The medicaid program does not pay the responsible party 5808
for the fee it pays to the bureau under this section.5809

       (G) Divisions (D) to (F) of this section do not apply with 5810
regard to an applicant or employee if the applicant or employee is 5811
referred to a responsible party by an employment service that 5812
supplies full-time, part-time, or temporary staff for direct-care 5813
positions and both of the following apply:5814

       (1) The chief administrator of the responsible party receives 5815
from the employment service confirmation that a review of the 5816
databases listed in division (E) of this section was conducted of 5817
the applicant or employee.5818

       (2) The chief administrator of the responsible party receives 5819
from the employment service, applicant, or employee a report of 5820
the results of a criminal records check of the applicant or 5821
employee that has been conducted by the superintendent within the 5822
one-year period immediately preceding the following:5823

       (a) In the case of an applicant, the date of the applicant's 5824
referral by the employment service to the responsible party;5825

       (b) In the case of an employee, the date by which the 5826
responsible party would otherwise have to request a criminal 5827
records check of the employee under division (F) of this section.5828

       (H)(1) A responsible party may employ conditionally hire an 5829
applicant for whom a criminal records check request is required by 5830
this section prior to obtaining the results of the criminal 5831
records check if the responsible party is not prohibited by 5832
division (C)(1) of this section from employinghiring the 5833
applicant in a direct-care position and either of the following 5834
applies:5835

       (a) The chief administrator of the responsible party requests 5836
the criminal records check in accordance with division (F) of this 5837
section not later than five business days after the responsible 5838
party conditionally hires the applicant begins conditional 5839
employment.5840

       (b) The applicant is referred to the responsible party by an 5841
employment service, the employment service or the applicant 5842
provides the chief administrator of the responsible party a letter 5843
that is on the letterhead of the employment service, the letter is 5844
dated and signed by a supervisor or another designated official of 5845
the employment service, and the letter states all of the 5846
following:5847

       (i) That the employment service has requested the 5848
superintendent to conduct a criminal records check regarding the 5849
applicant;5850

       (ii) That the requested criminal records check is to include 5851
a determination of whether the applicant has been convicted of,or5852
pleaded guilty to, or been found eligible for intervention in lieu 5853
of conviction for a disqualifying offense;5854

       (iii) That the employment service has not received the 5855
results of the criminal records check as of the date set forth on 5856
the letter;5857

       (iv) That the employment service promptly will send a copy of 5858
the results of the criminal records check to the chief 5859
administrator of the responsible party when the employment service 5860
receives the results. 5861

       (2) If a responsible party employs an applicant conditionally 5862
hires an applicant pursuant to division (H)(1)(b) of this section, 5863
the employment service, on its receipt of the results of the 5864
criminal records check, promptly shall send a copy of the results 5865
to the chief administrator of the responsible party.5866

       (3) A responsible party that employsconditionally hires an 5867
applicant conditionally pursuant to division (H)(1)(a) or (b) of 5868
this section shall terminate the applicant's employmentremove the 5869
conditionally hired applicant from any job duties that require a 5870
criminal records check if the results of the criminal records 5871
check, other than the results of any request for information from 5872
the federal bureau of investigation, are not obtained within the 5873
period ending sixty days after the date the request for the 5874
criminal records check is made. Regardless5875

       Regardless of when the results of the criminal records check 5876
are obtained, if the results indicate that the conditionally hired5877
applicant has been convicted of,or pleaded guilty to, or been 5878
found eligible for intervention in lieu of conviction for a 5879
disqualifying offense, the responsible party shall terminate the 5880
conditionally hired applicant's employment unless the applicant 5881
meets standards specified in rules adopted under this section that 5882
permit the responsible party to employhire the applicant and the 5883
responsible party chooses to employhire the applicant. 5884
Termination of employment under this division shall be considered 5885
just cause for discharge for purposes of division (D)(2) of 5886
section 4141.29 of the Revised Code if the applicant makes any 5887
attempt to deceive the responsible party about the applicant's 5888
criminal record.5889

       (I) The report of any criminal records check conducted 5890
pursuant to a request made under this section is not a public 5891
record for the purposes of section 149.43 of the Revised Code and 5892
shall not be made available to any person other than the 5893
following:5894

       (1) The applicant or employee who is the subject of the 5895
criminal records check or the applicant's or employee's 5896
representative;5897

       (2) The chief administrator of the responsible party 5898
requesting the criminal records checkrecord or the 5899
administrator's representative;5900

       (3) The administrator of any other facility, agency, or 5901
program that provides community-based long-term care services that 5902
is owned or operated by the same entity that owns or operates the 5903
responsible party that requested the criminal records check;5904

       (4) The employment service that requested the criminal 5905
records check;5906

       (5) The director of aging or a person authorized by the 5907
director to monitor a responsible party's compliance with this 5908
section;5909

       (6) The medicaid director and the staff of the department of 5910
medicaid who are involved in the administration of the medicaid 5911
program if either of the following apply:5912

       (a) In the case of a criminal records check requested by a 5913
provider or subcontractor, the provider or subcontractor also is a 5914
waiver agency;5915

       (b) In the case of a criminal records check requested by an 5916
employment service, the employment service makes the request for 5917
an applicant or employee the employment service refers to a 5918
provider or subcontractor that also is a waiver agency.5919

       (7) A court, hearing officer, or other necessary individual 5920
involved in a case dealing with any of the following:5921

       (a) A denial of employmenthiring of the applicant or of 5922
retention of the employee;5923

       (b) Employment or unemployment benefits of the applicant or 5924
employee;5925

        (c) A civil or criminal action regarding the medicaid program 5926
or a program the department of aging administers.5927

       (J) In a tort or other civil action for damages that is 5928
brought as the result of an injury, death, or loss to person or 5929
property caused by an applicant who a responsible party hires, or 5930
an employee who a responsible party employs, in a direct-care 5931
position, all of the following shall apply:5932

       (1) If the responsible party employedhired the applicant or 5933
retained the employee in good faith and reasonable reliance on the 5934
report of a criminal records check requested under this section, 5935
the responsible party shall not be found negligent solely because 5936
of its reliance on the report, even if the information in the 5937
report is determined later to have been incomplete or inaccurate.5938

       (2) If the responsible party employedconditionally hired the 5939
applicant in good faith on a conditional basis pursuant to 5940
division (H) of this section, the responsible party shall not be 5941
found negligent solely because it employedconditionally hired the 5942
applicant prior to receiving the report of a criminal records 5943
check requested under this section.5944

       (3) If the responsible party in good faith employedhired the 5945
applicant or retained the employee because the applicant or 5946
employee meets standards specified in rules adopted under this 5947
section, the responsible party shall not be found negligent solely 5948
because the applicant or employee has been convicted of,or5949
pleaded guilty to, or been found eligible for intervention in lieu 5950
of conviction for a disqualifying offense.5951

       (K) The director of aging shall adopt rules in accordance 5952
with Chapter 119. of the Revised Code to implement this section.5953

       (1) The rules may do the following:5954

       (a) Require employees to undergo database reviews and 5955
criminal records checks under this section;5956

       (b) If the rules require employees to undergo database 5957
reviews and criminal records checks under this section, exempt one 5958
or more classes of employees from the requirements;5959

       (c) For the purpose of division (E)(7) of this section, 5960
specify other databases that are to be checked as part of a 5961
database review conducted under this section.5962

       (2) The rules shall specify all of the following:5963

       (a) The meaning of the term "subcontractor";5964

       (b) The procedures for conducting database reviews under this 5965
section;5966

       (c) If the rules require employees to undergo database 5967
reviews and criminal records checks under this section, the times 5968
at which the database reviews and criminal records checks are to 5969
be conducted;5970

       (d) If the rules specify other databases to be checked as 5971
part of the database reviews, the circumstances under which a 5972
responsible party is prohibited from employinghiring an applicant 5973
or continuing to employretaining an employee who is found by a 5974
database review to be included in one or more of those databases;5975

        (e) Standards that an applicant or employee must meet for a 5976
responsible party to be permitted to employhire the applicant or 5977
continue to employretain the employee in a direct-care position 5978
if the applicant or employee is found by a criminal records check 5979
required by this section to have been convicted of,or pleaded 5980
guilty to, or been found eligible for intervention in lieu of 5981
conviction for a disqualifying offense. 5982

       Sec. 184.02.  (A) In addition to the powers and duties under 5983
sections 184.10 to 184.20 and 184.37 of the Revised Code, the 5984
third frontier commission may perform any act to ensure the 5985
performance of any function necessary or appropriate to carry out 5986
the purposes of, and exercise the powers granted under, sections 5987
184.01 and 184.02 of the Revised Code. In addition, the commission 5988
may do any of the following:5989

       (1) Adopt, amend, and rescind rules under section 111.15 of 5990
the Revised Code for the administration of any aspect of its 5991
operations;5992

       (2) Adopt bylaws governing its operations, including bylaws 5993
that establish procedures and set policies as may be necessary to 5994
assist with the furtherance of its purposes;5995

       (3) Appoint and set the compensation of employees needed to 5996
carry out its duties;5997

       (4) Contract with, retain the services of, or designate, and 5998
fix the compensation of, such financial consultants, accountants, 5999
other consultants and advisors, and other independent contractors 6000
as may be necessary or desirable to carry out its duties;6001

       (5) Solicit input and comments from the third frontier 6002
advisory board, and specialized industry, professional, and other 6003
relevant interest groups concerning its purposes;6004

       (6) Facilitate alignment of the state's science and 6005
technology programs and activities;6006

       (7) Make grants and loans to individuals, public agencies, 6007
private companies or organizations, or joint ventures for any of 6008
the broad range of activities related to its purposes.6009

       (B) In addition to the powers and duties under sections 6010
184.10 to 184.20 and 184.37 of the Revised Code, the commission 6011
shall do all of the following:6012

       (1) Establish a competitive process for the award of grants 6013
and loans that is designed to fund the most meritorious proposals 6014
and, when appropriate, provide for peer review of proposals;6015

       (2) Within ninety days after the end of each fiscalOn or 6016
before the first day of August of each year, submit to the 6017
governor and the general assembly a report of the activities of 6018
the commission during the preceding fiscal year;6019

       (3) With specific application to the biomedical research and 6020
technology transfer trust fund, periodically make strategic 6021
assessments of the types of state investments in biomedical 6022
research and biotechnology in the state that would likely create 6023
jobs and business opportunities in the state and produce the most 6024
beneficial long-term improvements to the public health of Ohioans, 6025
including, but not limited to, biomedical research and 6026
biotechnology initiatives that address tobacco-related illnesses 6027
as may be outlined in any master agreement. The commission shall 6028
award grants and loans from the fund pursuant to a process 6029
established under division (B)(1) of this section.6030

       Sec. 190.01. As used in this division:6031

       (A) "Subdivision" has the same meaning as in section 5705.01 6032
of the Revised Code.6033

       (B) "Eligible subdivision" means a subdivision that is 6034
located in an eligible county.6035

       (C) "Eligible county" means a county appearing on the most 6036
recent determination certified by the chief of the division of oil 6037
and gas resources management under division (C)(2) of section 6038
1509.11 of the Revised Code.6039

       (D) "Foundation for Appalachian Ohio" means a nonprofit 6040
corporation named "The Foundation for Appalachian Ohio."6041

       Sec. 190.02. (A) There is hereby created the Ohio shale 6042
products regional commission. The commission shall ensure the 6043
long-term growth and continued prosperity of eligible subdivisions 6044
by doing all of the following:6045

       (1) Awarding grants from the severance tax endowment fund and 6046
the severance tax infrastructure fund;6047

       (2) Identifying local match programs for investments in 6048
eligible subdivisions;6049

       (3) Assisting the short-term and long-term needs of eligible 6050
subdivisions;6051

       (4) Overseeing the long-term success of eligible 6052
subdivisions.6053

       (B)(1) The commission shall consist of the following members, 6054
appointed by the governor:6055

       (a) One member who is a county or civil engineer;6056

       (b) One member with experience in local economic development;6057

       (c) One member representing the region that includes all 6058
eligible counties;6059

       (d) One member representing eligible counties;6060

       (e) One member representing municipal corporations that are 6061
eligible subdivisions;6062

       (f) One member representing townships that are eligible 6063
subdivisions;6064

       (g) One member of the public recommended to the governor by 6065
the speaker of the house of representatives;6066

       (h) One member of the public recommended to the governor by 6067
the president of the senate;6068

       (i) The president of the foundation for Appalachian Ohio or 6069
the president's designee.6070

       (2) In addition to the members described in division (B)(1) 6071
of this section, the commission shall consist of the following ex 6072
officio members:6073

       (a) The director of natural resources;6074

       (b) The chief investment officer of the nonprofit corporation 6075
formed under Chapter 187. of the Revised Code;6076

       (c) The director of transportation;6077

       (d) The director of the governor's office of Appalachian 6078
Ohio.6079

       (C) The governor shall appoint the first members of the 6080
commission not later than October 1, 2014. Commission members 6081
described in divisions (B)(1)(a) to (h) of this section shall 6082
serve four-year terms, except that for the first term beginning 6083
after the effective date of this section, members described in 6084
divisions (B)(1)(c), (d), (f), and (g) of this section each shall 6085
serve a two-year term. The member described in division (B)(1)(i) 6086
of this section shall continue to serve until the member is no 6087
longer eligible to serve on the commission or is removed by the 6088
governor for any of the reasons described in section 3.04 of the 6089
Revised Code. 6090

       Members described in divisions (B)(1)(a) to (h) of this 6091
section may be reappointed. Each member shall hold office until 6092
the later of the end of the term for which the member was 6093
appointed or the date the member's successor takes office. Any 6094
member appointed to fill a vacancy occurring before the expiration 6095
of the term for which the member's predecessor was appointed shall 6096
hold office for the remainder of the unexpired term. A vacancy in 6097
the commission shall be filled in the same manner as the original 6098
appointment. Members described in division (B)(1) of this section 6099
may be removed by the governor for any of the reasons described in 6100
section 3.04 of the Revised Code.6101

       The governor shall not appoint an individual to the 6102
commission, nor shall an individual serve on the commission if the 6103
individual has been convicted of or pleaded guilty or no contest 6104
to a felony offense. Members under indictment for a felony offense 6105
shall resign by force of law from the commission immediately upon 6106
indictment.6107

       A member described in division (B)(1) of this section who 6108
fails to attend at least sixty per cent of the meetings of the 6109
commission during any two-year period shall resign by force of law 6110
from the commission immediately upon failing to meet this 6111
requirement.6112

       (D) At the first meeting of the commission, which shall occur 6113
not later than one year after the effective date of this section, 6114
members of the commission shall elect a chairperson and a 6115
vice-chairperson. The vice-chairperson shall assume the duties of 6116
the chairperson in the absence of the chairperson. The commission 6117
shall meet annually or more frequently at the call of the 6118
chairperson. A majority of the commission constitutes a quorum. 6119
The member described in division (B)(1)(i) of this section shall 6120
not serve as a chairperson or vice-chairperson. The commission is 6121
a public body for purposes of section 121.22 of the Revised Code. 6122
Records of the commission are public records for purposes of 6123
section 149.43 of the Revised Code.6124

       (E) Each member shall be reimbursed for travel expenses 6125
actually and necessarily incurred in the performance of their 6126
duties for the commission. The commission may approve and incur 6127
expenses that are necessary to assist the commission in the 6128
performance of its duties, including engaging the services of an 6129
attorney or a specialist to advise the commission on matters 6130
before it.6131

       (F) As requested by the commission, the governor's office of 6132
Appalachian Ohio shall provide staff and administrative assistance 6133
to the commission, including assistance to prepare the report 6134
required under division (H) of this section. 6135

       (G) Expenses incurred by the Ohio shale products regional 6136
commission or members of the commission under division (E) of this 6137
section and expenses incurred by the governor's office of 6138
Appalachian Ohio for any assistance provided under division (F) of 6139
this section shall be paid by the commission from the severance 6140
tax infrastructure fund. After July 1, 2025, if the payment from 6141
the severance tax infrastructure fund would exceed the amount of 6142
interest earned on money in the fund during the preceding fiscal 6143
year, the excess shall be paid from the severance tax endowment 6144
fund. If the payment from the severance tax endowment fund would 6145
exceed the amount of interest earned on money in the fund during 6146
the preceding fiscal year, the excess shall be paid from the 6147
severance tax infrastructure fund.6148

       (H) On or before the first day of November of each year, the 6149
commission shall submit a report to the governor that includes 6150
financial statements for the severance tax endowment fund and the 6151
severance tax infrastructure fund and information about persons or 6152
eligible subdivisions requesting funds from the commission, the 6153
amount so requested, and the purpose to which the requested funds 6154
were required to be used. The report shall also include the names 6155
of any persons or eligible subdivisions receiving funds from the 6156
commission, any amount so distributed, and the purpose for which 6157
the requested funds were required to be used. The report is 6158
subject to audit by the auditor of state under Chapter 117. of the 6159
Revised Code.6160

       Sec. 190.03. There is hereby created the severance tax 6161
infrastructure fund, which shall be in the custody of the 6162
treasurer of state, but shall not be a part of the state treasury. 6163
The fund shall consist of money transferred to it from the 6164
severance tax receipts fund under section 5749.02 of the Revised 6165
Code. Money in the fund shall be used by the Ohio shale products 6166
regional commission for the public purpose of awarding grants to 6167
eligible subdivisions to support and supplement investments in 6168
those subdivisions and to pay the expenses of the commission or 6169
members of the commission under division (E) of section 190.02 of 6170
the Revised Code and the expenses of the governor's office of 6171
Appalachian Ohio as authorized under division (F) of section 6172
190.02 of the Revised Code. Interest earned on the money in the 6173
fund shall be credited to the fund.6174

       The commission is the trustee of the severance tax 6175
infrastructure fund. Disbursements from the fund shall be paid by 6176
the treasurer of state only upon instruments duly authorized by 6177
the commission. At the request of the commission, the treasurer of 6178
state shall select and contract with one or more investment 6179
managers to invest money credited to the fund. The eligible list 6180
of investments shall be the same as for the public employees 6181
retirement system under section 145.11 of the Revised Code. All 6182
investments shall be subject to the same limitations and 6183
requirements as the retirement system under that section and 6184
sections 145.112 and 145.113 of the Revised Code.6185

       Sec. 190.04. There is hereby created the severance tax 6186
endowment fund, which shall be in the custody of the treasurer of 6187
state, but shall not be a part of the state treasury. The fund 6188
shall consist of money transferred to it from the severance tax 6189
receipts fund under section 5749.02 of the Revised Code. Money in 6190
the fund shall be used by the Ohio shale products regional 6191
commission for the public purpose of awarding grants for projects 6192
in subdivisions that were eligible subdivisions for any fiscal 6193
year that target long-term growth and continued prosperity in 6194
those subdivisions and to pay the expenses of the commission or 6195
members of the commission under division (E) of section 190.02 of 6196
the Revised Code and the expenses of the governor's office of 6197
Appalachian Ohio as authorized under division (F) of section 6198
190.02 of the Revised Code.6199

       The commission is the trustee of the severance tax endowment 6200
fund. Disbursements from the fund shall be paid by the treasurer 6201
of state only upon instruments duly authorized by the commission. 6202
At the request of the commission, the treasurer of state shall 6203
select and contract with one or more investment managers to invest 6204
money credited to the fund. The eligible list of investments shall 6205
be the same as for the public employees retirement system under 6206
section 145.11 of the Revised Code. All investments shall be 6207
subject to the same limitations and requirements as the retirement 6208
system under that section and sections 145.112 and 145.113 of the 6209
Revised Code.6210

       The commission shall not prepare instruments requesting 6211
disbursement from the severance tax endowment fund before July 1, 6212
2025. The treasurer of state shall not disburse money from the 6213
severance tax endowment fund before July 1, 2025.6214

       Sec. 191.01.  As used in this chapter:6215

       (A) "Administrative safeguards," "availability," 6216
"confidentiality," "integrity," "physical safeguards," and 6217
"technical safeguards" have the same meanings as in 45 C.F.R. 6218
164.304.6219

        (B) "Business associate," "covered entity," "health plan," 6220
"individually identifiable health information," and "protected 6221
health information" have the same meanings as in 45 C.F.R. 6222
160.103.6223

       (C) "Executive director of the office of health 6224
transformation" or "executive director" means the executive 6225
director of the office of health transformation or the chief 6226
administrative officer of a successor governmental entity 6227
responsible for health system oversight in this state.6228

       (D) "Government program providing public benefits" means any 6229
program administered by a state agency that has been identified, 6230
pursuant to section 191.02 of the Revised Code, by the executive 6231
director of the office of health transformation in consultation 6232
with the individuals specified in that section. 6233

       (E) "Office of health transformation" means the office of 6234
health transformation created by executive order 2011-02K.6235

       (F) "Operating protocol" means a protocol adopted by the 6236
executive director of the office of health transformation or the 6237
executive director's designee under division (D) of section 191.06 6238
of the Revised Code.6239

       (G) "Participating agency" means a state agency that 6240
participates in a health transformation initiative as specified in 6241
the one or more operating protocols adopted for the initiative 6242
under division (D) of section 191.06 of the Revised Code.6243

       (H) "Personally identifiable information" means information 6244
that meets both of the following criteria: 6245

       (1) It identifies an individual or there is a reasonable 6246
basis to believe that it may be used to identify an individual;6247

       (2) It relates to an individual's eligibility for, 6248
application for, or receipt of public benefits from a government 6249
program providing public benefits.6250

       (I) "State agency" means each of the following:6251

       (1) The department of administrative services;6252

       (2) The department of aging;6253

       (3) The development services agency;6254

       (4) The department of developmental disabilities;6255

       (5) The department of education;6256

       (6) The department of health;6257

       (7) The department of insurance;6258

       (8) The department of job and family services;6259

       (9) The department of medicaid;6260

       (10) The department of mental health and addiction services;6261

       (11) The department of rehabilitation and correction;6262

       (12) The department of taxation;6263

       (13) The department of veterans services;6264

       (14) The department of youth services;6265

       (15) The opportunities for Ohioans with disabilities agency.6266

       (J) "Unsecured" has the same meaning as in 16 C.F.R. 318.2.6267

       Sec. 321.50. Every county treasurer who receives money from 6268
the county severance tax fund under division (C)(7)(b)(ii) of 6269
section 5749.02 of the Revised Code shall create in the county 6270
treasury a severance tax fund. The treasurer shall deposit any 6271
money so received in the fund. The treasurer shall notify the 6272
county auditor whenever the treasurer deposits money in the fund.6273

       Money in a county's severance tax fund shall be distributed 6274
according to an order of the county budget commission to 6275
subdivisions located in the county according to procedures and 6276
standards prescribed by the budget commission. The treasurer shall 6277
transfer money from the severance tax fund to subdivisions located 6278
in the county as prescribed in such order.6279

       Sec. 340.02.  (A) For each alcohol, drug addiction, and 6280
mental health service district, there shall be appointed a board 6281
of alcohol, drug addiction, and mental health services consisting 6282
of eighteen members or fourteen members. Should the board of 6283
alcohol, drug addiction, and mental health services elect to 6284
remain at eighteen members, as provided under section 340.02 of 6285
the Revised Code as it existed immediately prior to the date of 6286
this amendment, the board of alcohol, drug addiction, and mental 6287
health services and the board of county commissioners shall not be 6288
required to take any action. Should the board of alcohol, drug 6289
addiction, and mental health services elect a recommendation to 6290
become a fourteen-member board, that recommendation must be 6291
approved by the board of county commissioners of the county in 6292
which the alcohol, drug addiction, and mental health district is 6293
located in order for the transition to a fourteen-member board to 6294
occur. Not later than September 30, 2013, each board of alcohol, 6295
drug addiction, and mental health services wishing to become a 6296
fourteen-member board shall notify the board of county 6297
commissioners of that recommendation. Failure of the board of 6298
county commissioners to take action within thirty days after 6299
receipt of the recommendation shall be deemed agreement by the 6300
board of county commissioners to transition to a fourteen-member 6301
board of alcohol, drug addiction, and mental health services. 6302
Should the board of county commissioners reject the 6303
recommendation, the board of county commissioners shall adopt a 6304
resolution stating that rejection within thirty days after receipt 6305
of the recommendation. Upon adoption of the resolution, the board 6306
of county commissioners shall meet with the board of alcohol, drug 6307
addiction, and mental health services to discuss the matter. After 6308
the meeting, the board of county commissioners shall notify the 6309
department of mental health and addiction services of its election 6310
not later than January 1, 2014. In a joint-county district, a 6311
majority of the boards of county commissioners must not reject the 6312
recommendation of a joint-county board to become a fourteen-member 6313
board in order for the transition to a fourteen-member board to 6314
occur. Should the joint-county district have an even number of 6315
counties, and the boards of county commissioners of these counties 6316
tie in terms of whether or not to accept the recommendation of the 6317
alcohol, drug addiction, and mental health services board, the 6318
recommendation of the alcohol, drug addiction, and mental health 6319
service board to become a fourteen-member board shall prevail. The 6320
election shall be final. Failure to provide notice of its election 6321
to the department on or before January 1, 2014, shall constitute 6322
an election to continue to operate as an eighteen-member board, 6323
which election shall also be final. If an existing board provides 6324
timely notice of its election to transition to operate as a 6325
fourteen-member board, the number of board members may decline 6326
from eighteen to fourteen by attrition as current members' terms 6327
expire. However, the composition of the board must reflect the 6328
requirements set forth in this section for fourteen-member boards. 6329
For all boards, half of the members shall be interested in mental 6330
health services and half of the members shall be interested in 6331
alcohol, drug, or gambling addiction services. All members shall 6332
be residents of the service district. The membership shall, as 6333
nearly as possible, reflect the composition of the population of 6334
the service district as to race and sex.6335

        (B) For boards operating as eighteen-member boards, the 6336
director of mental health and addiction services shall appoint 6337
eight members of the board and the board of county commissioners 6338
shall appoint ten members. For boards operating as fourteen-member 6339
boards, the director of mental health and addiction services shall 6340
appoint six members of the board and the board of county 6341
commissioners shall appoint eight members. In a joint-county 6342
district, the county commissioners of each participating county 6343
shall appoint members in as nearly as possible the same proportion 6344
as that county's population bears to the total population of the 6345
district, except that at least one member shall be appointed from 6346
each participating county.6347

       (C) The director of mental health and addiction services 6348
shall ensure that at least one member of the board is a clinician 6349
with experience in the delivery of mental health services, at 6350
least one member of the board is a person who has received or is 6351
receiving mental health services paid for by public funds, at 6352
least one member of the board is a parent or other relative of 6353
such a person, at least one member of the board is a clinician 6354
with experience in the delivery of addiction services, at least 6355
one member of the board is a person who has received or is 6356
receiving addiction services paid for by public funds, and at 6357
least one member of the board is a parent or other relative of 6358
such a person. A single member who meets both qualifications may 6359
fulfill the requirement for a clinician with experience in the 6360
delivery of mental health services and a clinician with experience 6361
in the delivery of addiction services.6362

       (D) No member or employee of a board of alcohol, drug 6363
addiction, and mental health services shall serve as a member of 6364
the board of any provider with which the board of alcohol, drug 6365
addiction, and mental health services has entered into a contract 6366
for the provision of services or facilities. No member of a board 6367
of alcohol, drug addiction, and mental health services shall be an 6368
employee of any provider with which the board has entered into a 6369
contract for the provision of services or facilities. No person 6370
shall be an employee of a board and such a provider unless the 6371
board and provider both agree in writing.6372

       (E) No person shall serve as a member of the board of 6373
alcohol, drug addiction, and mental health services whose spouse, 6374
child, parent, brother, sister, grandchild, stepparent, stepchild, 6375
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law, 6376
daughter-in-law, brother-in-law, or sister-in-law serves as a 6377
member of the board of any provider with which the board of 6378
alcohol, drug addiction, and mental health services has entered 6379
into a contract for the provision of services or facilities. No 6380
person shall serve as a member or employee of the board whose 6381
spouse, child, parent, brother, sister, stepparent, stepchild, 6382
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law, 6383
daughter-in-law, brother-in-law, or sister-in-law serves as a 6384
county commissioner of a county or counties in the alcohol, drug 6385
addiction, and mental health service district.6386

       (F) Each year each board member shall attend at least one 6387
inservice training session provided or approved by the department 6388
of mental health and addiction services. 6389

        (G) For boards operating as eighteen-member boards, each 6390
member shall be appointed for a term of four years, commencing the 6391
first day of July, except that one-third of initial appointments 6392
to a newly established board, and to the extent possible to 6393
expanded boards, shall be for terms of two years, one-third of 6394
initial appointments shall be for terms of three years, and 6395
one-third of initial appointments shall be for terms of four 6396
years. For boards operating as fourteen-member boards, each member 6397
shall be appointed for a term of four years, commencing the first 6398
day of July, except that four of the initial appointments to a 6399
newly established board, and to the extent possible to expanded 6400
boards, shall be for terms of two years, five initial appointments 6401
shall be for terms of three years, and five initial appointments 6402
shall be for terms of four years. No member shall serve more than 6403
two consecutive four-year terms under the same appointing 6404
authority. A member may serve for three consecutive terms under 6405
the same appointing authority only if one of the terms is for less 6406
than two years. A member who has served two consecutive four-year 6407
terms or three consecutive terms totaling less than ten years is 6408
eligible for reappointment by the same appointing authority one 6409
year following the end of the second or third term, respectively.6410

       When a vacancy occurs, appointment for the expired or 6411
unexpired term shall be made in the same manner as an original 6412
appointment. The appointing authority shall be notified by 6413
certified mail of any vacancy and shall fill the vacancy within 6414
sixty days following that notice.6415

       Any member of the board may be removed from office by the 6416
appointing authority for neglect of duty, misconduct, or 6417
malfeasance in office, and shall be removed by the appointing 6418
authority if the member is barred by this section from serving as 6419
a board member. The member shall be informed in writing of the 6420
charges and afforded an opportunity for a hearing. Upon the 6421
absence of a member within one year from either four board 6422
meetings or from two board meetings without prior notice, the 6423
board shall notify the appointing authority, which may vacate the 6424
appointment and appoint another person to complete the member's 6425
term.6426

       Members of the board shall serve without compensation, but 6427
shall be reimbursed for actual and necessary expenses incurred in 6428
the performance of their official duties, as defined by rules of 6429
the department of mental health and addiction services.6430

       Sec. 340.021.  (A) In an alcohol, drug addiction, and mental 6431
health service district where the board of county commissioners 6432
has established an alcohol and drug addiction services board, the 6433
community mental health board established under former section 6434
340.02 of the Revised Code shall serve as the entity responsible 6435
for providing mental health services in the county. A community 6436
mental health board has all the powers, duties, and obligations of 6437
a board of alcohol, drug addiction, and mental health services 6438
with regard to mental health services. An alcohol and drug 6439
addiction services board has all the powers, duties, and 6440
obligations of a board of alcohol, drug addiction, and mental 6441
health services with regard to addiction services. Any provision 6442
of the Revised Code that refers to a board of alcohol, drug 6443
addiction, and mental health services with regard to mental health 6444
services also refers to a community mental health board and any 6445
provision that refers to a board of alcohol, drug addiction, and 6446
mental health services with regard to alcohol and drug addiction 6447
services also refers to an alcohol and drug addiction services 6448
board.6449

       An alcohol and drug addiction services board shall consist of 6450
eighteen members or fourteen members, at the election of the 6451
board. Not later than January 1, 2014, each alcohol and drug 6452
addiction services board shall notify the department of mental 6453
health and addiction services of its election to operate as an 6454
eighteen-member board or to operate as a fourteen-member board. 6455
The election shall be final. Failure to provide notice of its 6456
election to the department on or before January 1, 2014, shall 6457
constitute an election to continue to operate as an 6458
eighteen-member board. If an existing board provides timely notice 6459
of its election to operate as a fourteen-member board, the number 6460
of board members may decline from eighteen to fourteen by 6461
attrition as current members' terms expire. However, the 6462
composition of the board must reflect the requirements set forth 6463
in this section and in applicable provisions of section 340.02 of 6464
the Revised Code for fourteen-member boards. For boards operating 6465
as eighteen-member boards, six members shall be appointed by the 6466
director of mental health and addiction services and twelve 6467
members shall be appointed by the board of county commissioners. 6468
The director of mental health and addiction services shall ensure 6469
that at least one member of the board is a person who has received 6470
or is receiving services for alcohol, drug, or gambling addiction 6471
paid for with public funds, at least one member is a parent or 6472
relative of such a person, and at least one member is a clinician 6473
with experience in the delivery of addiction services. The 6474
membership of the board shall, as nearly as possible, reflect the 6475
composition of the population of the service district as to race 6476
and sex. Members shall be residents of the service district and 6477
shall be interested in alcohol, drug, or gambling addiction 6478
services. Requirements for membership, including prohibitions 6479
against certain family and business relationships, and terms of 6480
office shall be the same as those for members of boards of 6481
alcohol, drug addiction, and mental health services.6482

        A community mental health board shall consist of eighteen 6483
members or fourteen members, at the election of the board. Not 6484
later than January 1, 2014, each community mental health board 6485
shall notify the department of mental health and addiction 6486
services of its election to operate as an eighteen-member board or 6487
to operate as a fourteen-member board. The election shall be 6488
final. Failure to provide notice of its election to the department 6489
on or before January 1, 2014, shall constitute an election to 6490
continue to operate as an eighteen-member board. If an existing 6491
board provides timely notice of its election to operate as a 6492
fourteen-member board, the number of board members may decline 6493
from eighteen to fourteen by attrition as current members' terms 6494
expire. However, the composition of the board must reflect the 6495
requirements set forth in this section and in applicable 6496
provisions of section 340.02 of the Revised Code for 6497
fourteen-member boards. For boards operating as eighteen-member 6498
boards, six members shall be appointed by the director of mental 6499
health and addiction services and twelve members shall be 6500
appointed by the board of county commissioners. The director of 6501
mental health and addiction services shall ensure that at least 6502
one member of the board is a person who has received or is 6503
receiving mental health services paid for with public funds, at 6504
least one member is a parent or relative of such a person, and at 6505
least one member is a clinician with experience in the delivery of 6506
mental health services. The membership of the board as nearly as 6507
possible shall reflect the composition of the population of the 6508
service district as to race and sex. Members shall be residents of 6509
the service district and shall be interested in mental health 6510
services. Requirements for membership, including prohibitions 6511
against certain family and business relationships, and terms of 6512
office shall be the same as those for members of boards of 6513
alcohol, drug addiction, and mental health services.6514

       (B)(1) If a board of county commissioners subject to division 6515
(A) of this section did not adopt a final resolution providing for 6516
a board of alcohol, drug addiction, and mental health services on 6517
or before July 1, 2007, the board of county commissioners may 6518
establish a board of alcohol, drug addiction, and mental health 6519
services on or after the effective date of this amendment6520
September 23, 2008. To establish the board, the board of county 6521
commissioners shall adopt a resolution providing for the board's 6522
establishment. The composition of the board, the procedures for 6523
appointing members, and all other matters related to the board and 6524
its members are subject to section 340.02 of the Revised Code, 6525
with the following exceptions:6526

       (a) For initial appointments to the board, the county's 6527
community mental health board and alcohol and drug addiction 6528
services board shall jointly recommend members of those boards for 6529
reappointment and shall submit the recommendations to the board of 6530
county commissioners and the director of mental health and 6531
addiction services.6532

       (b) To the greatest extent possible, the appointing 6533
authorities shall appoint the initial members from among the 6534
members jointly recommended under division (B)(1)(a) of this 6535
section.6536

       (2) If a board of alcohol, drug addiction, and mental health 6537
services is established pursuant to division (B)(1) of this 6538
section, the board has the same rights, privileges, immunities, 6539
powers, and duties that were possessed by the county's community 6540
mental health board and alcohol and drug addiction services board. 6541
When the board is established, all property and obligations of the 6542
community mental health board and alcohol and drug addiction 6543
services board shall be transferred to the board of alcohol, drug 6544
addiction, and mental health services.6545

       Sec. 718.15.  A municipal corporation, by ordinance, may 6546
grant a refundable or nonrefundable credit against its tax on 6547
income to a taxpayer that also receives a tax credit under section 6548
122.17 of the Revised Codeto foster job creation in the municipal 6549
corporation. If a credit is granted under this section, it shall 6550
be measured as a percentage of the new income tax revenue the 6551
municipal corporation derives from new employees of the taxpayer 6552
and shall be for a term not exceeding fifteen years. Before the 6553
municipal corporation passes an ordinance granting a credit, the 6554
municipal corporation and the taxpayer shall enter into an 6555
agreement specifying all the conditions of the credit.6556

       Sec. 718.151. A municipal corporation, by ordinance, may 6557
grant a refundable or nonrefundable credit against its tax on 6558
income to a taxpayer that receives a nonrefundable tax credit 6559
under section 122.171 of the Revised Code and may grant a 6560
refundable credit against its tax on income to a taxpayer that 6561
receives a refundable tax credit under that sectionfor the 6562
purpose of fostering job retention in the municipal corporation. 6563
If a credit is granted under this section, it shall be measured as 6564
a percentage of the income tax revenue the municipal corporation 6565
derives from the retained employees of the taxpayer, and shall be 6566
for a term not exceeding fifteen years. Before a municipal 6567
corporation passes an ordinance allowing such a credit, the 6568
municipal corporation and the taxpayer shall enter into an 6569
agreement specifying all the conditions of the credit.6570

       Sec. 901.22.  (A) The director of agriculture, in accordance 6571
with Chapter 119. of the Revised Code, shall adopt rules that do 6572
all of the following:6573

       (1) Establish procedures and eligibility criteria for making 6574
matching grants to municipal corporations, counties, townships, 6575
soil and water conservation districts established under Chapter 6576
1515. of the Revised Code, and charitable organizations described 6577
in division (B) of section 5301.69 of the Revised Code for the 6578
purchase of agricultural easements. With respect to agricultural 6579
easements that are purchased or proposed to be purchased with such 6580
matching grants that consist in whole or in part of moneys from 6581
the clean Ohio agricultural easement fund created in section 6582
901.21 of the Revised Code, the rules shall establish all of the 6583
following:6584

       (a) Procedures for all of the following:6585

       (i) Soliciting and accepting applications for matching 6586
grants;6587

       (ii) Participation by local governments and by the public in 6588
the process of making matching grants to charitable organizations;6589

       (iii) Notifying local governments, charitable organizations, 6590
and organizations that represent the interests of farmers of the 6591
ranking system established in rules adopted under division 6592
(A)(1)(b) of this section.6593

       (b) A ranking system for applications for the matching grants 6594
that is based on the soil type, proximity of the land or other 6595
land that is conducive to agriculture as defined by rules adopted 6596
under this section and that is the subject of an application to 6597
other agricultural land or other land that is conducive to 6598
agriculture as defined by rules adopted under this section and 6599
that is already or is in the process of becoming permanently 6600
protected from development, farm stewardship, development 6601
pressure, and, if applicable, a local comprehensive land use plan 6602
involved with a proposed agricultural easement. The rules shall 6603
require that preference be given to proposed agricultural 6604
easements that involve the greatest proportion of all of the 6605
following:6606

       (i) Prime soils, unique or locally important soils, 6607
microclimates, or similar features;6608

       (ii) Land that is adjacent to or that is in close proximity 6609
to other agricultural land or other land that is conducive to 6610
agriculture as defined by rules adopted under this section and 6611
that is already or is in the process of becoming permanently 6612
protected from development, by agricultural easement or otherwise, 6613
so that a buffer would exist between the land involving the 6614
proposed agricultural easement and areas that have been developed 6615
or likely will be developed for purposes other than agriculture;6616

       (iii) The use of best management practices, including 6617
federally or state approved conservation plans, and a history of 6618
substantial compliance with applicable federal and state laws;6619

       (iv) Development pressure that is imminent, but not a result 6620
of current location in the direct path of urban development;6621

       (v) Areas identified for agricultural protection in local 6622
comprehensive land use plans.6623

       (c) Any other criteria that the director determines are 6624
necessary for selecting applications for matching grants;6625

       (d) Requirements regarding the information that must be 6626
included in the annual monitoring report that must be prepared for 6627
an agricultural easement under division (E)(2) of section 5301.691 6628
of the Revised Code, procedures for submitting a copy of the 6629
report to the office of farmland preservation in the department of 6630
agriculture, and requirements and procedures governing corrective 6631
actions that may be necessary to enforce the terms of the 6632
agricultural easement.6633

       (2) Establish provisions that shall be included in the 6634
instrument conveying to a municipal corporation, county, township, 6635
soil and water conservation district, or charitable organization 6636
any agricultural easement purchased with matching grant funds 6637
provided by the director under this section, including, without 6638
limitation, all of the following provisions:6639

       (a) A provision stating that an easement so purchased may be 6640
extinguished only if an unexpected change in the conditions of or 6641
surrounding the land that is subject to the easement makes 6642
impossible or impractical the continued use of the land for the 6643
purposes described in the easement, or if the requirements of the 6644
easement are extinguished by judicial proceedings;6645

       (b) A provision requiring that, upon the sale, exchange, or 6646
involuntary conversion of the land subject to the easement, the 6647
holder of the easement shall be paid an amount of money that is at 6648
least equal to the proportionate value of the easement compared to 6649
the total value of the land at the time the easement was acquired;6650

       (c) A provision requiring that, upon receipt of the portion 6651
of the proceeds of a sale, exchange, or involuntary conversion 6652
described in division (A)(2)(b) of this section, the municipal 6653
corporation, county, township, soil and water conservation 6654
district, or charitable organization remit to the director an 6655
amount of money equal to the percentage of the cost of purchasing 6656
the easement it received as a matching grant under this section.6657

       Moneys received by the director pursuant to rules adopted 6658
under division (A)(2)(c) of this section shall be credited to the 6659
agricultural easement purchase fund created in section 901.21 of 6660
the Revised Code.6661

       (3) Establish a provision that provides a charitable 6662
organization, municipal corporation, township, county, or soil and 6663
water conservation district with the option of purchasing 6664
agricultural easements either in installments or with a lump sum 6665
payment. The rules shall include a requirement that a charitable 6666
organization, municipal corporation, township, county, or soil and 6667
water conservation district negotiate with the seller of the 6668
agricultural easement concerning any installment payment terms, 6669
including the dates and amounts of payments and the interest rate 6670
on the outstanding balance. The rules also shall require the 6671
director to approve any method of payment that is undertaken in 6672
accordance with the rules adopted under division (A)(3) of this 6673
section.6674

       (4) Establish any other requirements that the director 6675
considers to be necessary or appropriate to implement or 6676
administer a program to make matching grants under this section 6677
and monitor those grants.6678

       (B) The director may develop guidelines regarding the 6679
acquisition of agricultural easements by the department of 6680
agriculture and the provisions of instruments conveying those 6681
easements. The director may make the guidelines available to 6682
public and private entities authorized to acquire and hold 6683
agricultural easements.6684

       (C) The director may provide technical assistance in 6685
developing a program for the acquisition and monitoring of 6686
agricultural easements to public and private entities authorized 6687
to hold agricultural easements. The technical assistance may 6688
include, without limitation, reviewing and providing advisory 6689
recommendations regarding draft instruments conveying agricultural 6690
easements.6691

       (D)(1) The director may make matching grants from the 6692
agricultural easement purchase fund and the clean Ohio 6693
agricultural easement fund to municipal corporations, counties, 6694
townships, soil and water conservation districts, and charitable 6695
organizations to assist those political subdivisions and 6696
charitable organizations in purchasing agricultural easements. 6697
Application for a matching grant shall be made on forms prescribed 6698
and provided by the director. The matching grants shall be made in 6699
compliance with the criteria and procedures established in rules 6700
adopted under this section. Instruments conveying agricultural 6701
easements purchased with matching grant funds provided under this 6702
section, at a minimum, shall include the mandatory provisions set 6703
forth in those rules.6704

       Matching grants made under this division using moneys from 6705
the clean Ohio agricultural easement fund created in section 6706
901.21 of the Revised Code may provide up to seventy-five per cent 6707
of the value of an agricultural easement as determined by a 6708
general real estate appraiser who is certified under Chapter 4763. 6709
of the Revised Code or as determined through a points-based 6710
appraisal system established under division (D)(2) of this 6711
section. Not less than twenty-five per cent of the value of the 6712
agricultural easement shall be provided by the recipient of the 6713
matching grant or donated by the person who is transferring the 6714
easement to the grant recipient. The amount of such a matching 6715
grant used for the purchase of a single agricultural easement 6716
shall not exceed one million dollars.6717

       (2) The director shall establish a points-based appraisal 6718
system for the purposes of division (D)(1) of this section. The 6719
director may include any or all of the following factors in the 6720
system:6721

       (a) Whether the applicable county auditor has determined that 6722
the land is land that is devoted exclusively to agriculture for 6723
the purposes of sections 5713.30 to 5713.38 of the Revised Code;6724

       (b) Changes in land values following the completion of the 6725
applicable county auditor's reappraisal or triennial update;6726

       (c) Soil types and productivity;6727

       (d) Proximity of the land to land that is already subject to 6728
an agricultural easement, conservation easement created under 6729
sections 5301.67 to 5301.70 of the Revised Code, or similar 6730
land-use limitation;6731

       (e) Proximity of the land to water and sewer lines, road 6732
interchanges, and nonagricultural development;6733

       (f) Parcel size and roadway frontage of the land;6734

       (g) Existence of an agreement entered into under division (D) 6735
of section 1515.08 of the Revised Code or of an operation and 6736
management plan developed under division (A) of section 1511.021 6737
of the Revised Code, as applicable;6738

       (h) Existence of a nutrient management plan developed under 6739
division (A) of section 939.03 of the Revised Code, as applicable;6740

       (i) Existence of a comprehensive plan that is adopted under 6741
section 303.02 or 519.02 of the Revised Code or that is adopted by 6742
the planning commission of a municipal corporation under section 6743
713.06 of the Revised Code;6744

       (i)(j) Any other factors that the director determines are 6745
necessary for inclusion in the system.6746

       (E) An agricultural easement acquired as a result of a 6747
matching grant awarded under division (D) of this section may 6748
include a provision to preserve a unique natural or physical 6749
feature on the land so long as the use of the land remains 6750
predominantly agricultural.6751

       (F) For any agricultural easement purchased with a matching 6752
grant that consists in whole or in part of moneys from the clean 6753
Ohio agricultural easement fund, the director shall be named as a 6754
grantee on the instrument conveying the easement, as shall the 6755
municipal corporation, county, township, soil and water 6756
conservation district, or charitable organization that receives 6757
the grant.6758

       (G)(1) The director shall monitor and evaluate the 6759
effectiveness and efficiency of the agricultural easement program 6760
as a farmland preservation tool. On or before July 1, 1999, and 6761
the first day of July of each year thereafter, the director shall 6762
prepare and submit a report to the chairpersons of the standing 6763
committees of the senate and the house of representatives that 6764
consider legislation regarding agriculture. The report shall 6765
consider and address the following criteria to determine the 6766
program's effectiveness:6767

       (a) The number of agricultural easements purchased during the 6768
preceding year;6769

       (b) The location of those easements;6770

       (c) The number of acres of land preserved for agricultural 6771
use;6772

       (d) The amount of money used by a municipal corporation, 6773
township, county, or soil and water conservation district from any 6774
fund to purchase the agricultural easements;6775

       (e) The number of state matching grants given to purchase the 6776
agricultural easements;6777

       (f) The amount of state matching grant moneys used to 6778
purchase the agricultural easements.6779

       (2) The report also shall consider and include, at a minimum, 6780
the following information for each county to determine the 6781
program's efficiency:6782

       (a) The total number of acres in the county;6783

       (b) The total number of acres in current agricultural use;6784

       (c) The total number of acres preserved for agricultural use 6785
in the preceding year;6786

       (d) The average cost, per acre, of land preserved for 6787
agricultural use in the preceding year.6788

       Sec. 903.01.  As used in this chapter: 6789

       (A) "Agricultural animal" means any animal generally used for 6790
food or in the production of food, including cattle, sheep, goats, 6791
rabbits, poultry, and swine; horses; alpacas; llamas; and any 6792
other animal included by the director of agriculture by rule. 6793
"Agricultural animal" does not include fish or other aquatic 6794
animals regardless of whether they are raised at fish hatcheries, 6795
fish farms, or other facilities that raise aquatic animals. 6796

       (B) "Animal feeding facility" means a lot, building, or 6797
structure where both of the following conditions are met: 6798

       (1) Agricultural animals have been, are, or will be stabled 6799
or confined and fed or maintained there for a total of forty-five 6800
days or more in any twelve-month period. 6801

       (2) Crops, vegetative forage growth, or post-harvest residues 6802
are not sustained in the normal growing season over any portion of 6803
the lot, building, or structure. 6804

       "Animal feeding facility" also includes land that is owned or 6805
leased by or otherwise is under the control of the owner or 6806
operator of the lot, building, or structure and on which manure 6807
originating from agricultural animals in the lot, building, or 6808
structure or a production area is or may be applied. 6809

       Two or more animal feeding facilities under common ownership 6810
shall be considered to be a single animal feeding facility for the 6811
purposes of this chapter if they adjoin each other or if they use 6812
a common area or system for the disposal of manure. 6813

       (C) "Animal feeding operation" has the same meaning as 6814
"animal feeding facility." 6815

       (D) "Cattle" includes, but is not limited to, heifers, 6816
steers, bulls, and cow and calf pairs. 6817

       (E) "Concentrated animal feeding facility" means an animal 6818
feeding facility with a total design capacity equal to or more 6819
than the number of animals specified in any of the categories in 6820
division (M) of this section. 6821

       (F) "Concentrated animal feeding operation" means an animal 6822
feeding facility that complies with one of the following: 6823

       (1) Has a total design capacity equal to or more than the 6824
number of animals specified in any of the categories in division 6825
(M) of this section; 6826

       (2) Satisfies the criteria in division (M), (Q), or (FF) of 6827
this section; 6828

       (3) Is designated by the director of agriculture as a medium 6829
or small concentrated animal feeding operation pursuant to rules. 6830

       (G) "Discharge" means to add from a point source to waters of 6831
the state. 6832

       (H) "Federal Water Pollution Control Act" means the "Federal 6833
Water Pollution Control Act Amendments of 1972," 86 Stat. 816, 33 6834
U.S.C. 1251 et. seq., as amended, and regulations adopted under 6835
it. 6836

       (I) "Finalized," with respect to the programs required under 6837
division (A)(1) of section 903.02 and division (A)(1) of section 6838
903.03 of the Revised Code, means that all rules that are 6839
necessary for the administration of this chapter have been adopted 6840
and all employees of the department of agriculture that are 6841
necessary for the administration of this chapter have been 6842
employed. 6843

       (J) "General permit" has the meaning that is established in 6844
rules. 6845

       (K) "Individual permit" has the meaning that is established 6846
in rules. 6847

       (L) "Installation permit" means a permit for the installation 6848
or modification of a disposal system or any part of a disposal 6849
system issued by the director of environmental protection under 6850
division (J)(1) of section 6111.03 of the Revised Code. 6851

       (M) "Large concentrated animal feeding operation" means an 6852
animal feeding facility that stables or confines at least the 6853
number of animals specified in any of the following categories: 6854

        (1) Seven hundred mature dairy cattle whether milked or dry; 6855

        (2) One thousand veal calves; 6856

        (3) One thousand cattle other than mature dairy cattle or 6857
veal calves; 6858

        (4) Two thousand five hundred swine that each weigh 6859
fifty-five pounds or more; 6860

        (5) Ten thousand swine that each weigh less than fifty-five 6861
pounds; 6862

        (6) Five hundred horses; 6863

        (7) Ten thousand sheep or lambs; 6864

        (8) Fifty-five thousand turkeys; 6865

        (9) Thirty thousand laying hens or broilers if the animal 6866
feeding facility uses a liquid manure handling system; 6867

        (10) One hundred twenty-five thousand chickens, other than 6868
laying hens, if the animal feeding facility uses a manure handling 6869
system that is not a liquid manure handling system; 6870

        (11) Eighty-two thousand laying hens if the animal feeding 6871
facility uses a manure handling system that is not a liquid manure 6872
handling system; 6873

        (12) Thirty thousand ducks if the animal feeding facility 6874
uses a manure handling system that is not a liquid manure handling 6875
system; 6876

        (13) Five thousand ducks if the animal feeding facility uses 6877
a liquid manure handling system. 6878

       (N) "Major concentrated animal feeding facility" means a 6879
concentrated animal feeding facility with a total design capacity 6880
of more than ten times the number of animals specified in any of 6881
the categories in division (M) of this section. 6882

       (O) "Manure" means any of the following wastes used in or 6883
resulting from the production of agricultural animals or direct 6884
agricultural products such as milk or eggs: animal excreta, 6885
discarded products, bedding, process waste water, process 6886
generated waste water, waste feed, silage drainage, and compost 6887
products resulting from mortality composting or the composting of 6888
animal excreta. 6889

       (P) "Manure storage or treatment facility" means any 6890
excavated, diked, or walled structure or combination of structures 6891
designed for the biological stabilization, holding, or storage of 6892
manure. 6893

       (Q) "Medium concentrated animal feeding operation" means an 6894
animal feeding facility that satisfies both of the following: 6895

        (1) The facility stables or confines the number of animals 6896
specified in any of the following categories: 6897

        (a) Two hundred to six hundred ninety-nine mature dairy 6898
cattle whether milked or dry; 6899

        (b) Three hundred to nine hundred ninety-nine veal calves; 6900

        (c) Three hundred to nine hundred ninety-nine cattle other 6901
than mature dairy cattle or veal calves; 6902

        (d) Seven hundred fifty to two thousand four hundred 6903
ninety-nine swine that each weigh fifty-five pounds or more; 6904

        (e) Three thousand to nine thousand nine hundred ninety-nine 6905
swine that each weigh less than fifty-five pounds; 6906

        (f) One hundred fifty to four hundred ninety-nine horses; 6907

        (g) Three thousand to nine thousand nine hundred ninety-nine 6908
sheep or lambs; 6909

        (h) Sixteen thousand five hundred to fifty-four thousand nine 6910
hundred ninety-nine turkeys; 6911

        (i) Nine thousand to twenty-nine thousand nine hundred 6912
ninety-nine laying hens or broilers if the animal feeding facility 6913
uses a liquid manure handling system; 6914

        (j) Thirty-seven thousand five hundred to one hundred 6915
twenty-four thousand nine hundred ninety-nine chickens, other than 6916
laying hens, if the animal feeding facility uses a manure handling 6917
system that is not a liquid manure handling system; 6918

        (k) Twenty-five thousand to eighty-one thousand nine hundred 6919
ninety-nine laying hens if the animal feeding facility uses a 6920
manure handling system that is not a liquid manure handling 6921
system; 6922

        (l) Ten thousand to twenty-nine thousand nine hundred 6923
ninety-nine ducks if the animal feeding facility uses a manure 6924
handling system that is not a liquid manure handling system; 6925

        (m) One thousand five hundred to four thousand nine hundred 6926
ninety-nine ducks if the animal feeding facility uses a liquid 6927
manure handling system. 6928

        (2) The facility does one of the following: 6929

        (a) Discharges pollutants into waters of the United States 6930
through a ditch constructed by humans, a flushing system 6931
constructed by humans, or another similar device constructed by 6932
humans; 6933

        (b) Discharges pollutants directly into waters of the United 6934
States that originate outside of and that pass over, across, or 6935
through the facility or otherwise come into direct contact with 6936
the animals at the facility. 6937

        "Medium concentrated animal feeding operation" includes an 6938
animal feeding facility that is designated by the director as a 6939
medium concentrated animal feeding operation pursuant to rules. 6940

        (R) "Mortality composting" means the controlled decomposition 6941
of organic solid material consisting of dead animals that 6942
stabilizes the organic fraction of the material. 6943

       (S) "NPDES permit" means a permit issued under the national 6944
pollutant discharge elimination system established in section 402 6945
of the Federal Water Pollution Control Act and includes the 6946
renewal of such a permit. "NPDES permit" includes the federally 6947
enforceable provisions of a permit to operate into which NPDES 6948
permit provisions have been incorporated. 6949

       (T) "Permit" includes an initial, renewed, or modified permit 6950
to install, permit to operate, NPDES permit, and installation 6951
permit unless expressly stated otherwise. 6952

       (U) "Permit to install" means a permit issued under section 6953
903.02 of the Revised Code. 6954

       (V) "Permit to operate" means a permit issued or renewed 6955
under section 903.03 of the Revised Code and includes incorporated 6956
NPDES permit provisions, if applicable. 6957

       (W) "Person" has the same meaning as in section 1.59 of the 6958
Revised Code and also includes the state, any political 6959
subdivision of the state, any interstate body created by compact, 6960
the United States, or any department, agency, or instrumentality 6961
of any of those entities. 6962

       (X) "Point source" has the same meaning as in the Federal 6963
Water Pollution Control Act. 6964

       (Y) "Pollutant" means dredged spoil, solid waste, incinerator 6965
residue, filter backwash, sewage, garbage, sewage sludge, 6966
munitions, chemical wastes, biological materials, radioactive 6967
materials except those regulated under the "Atomic Energy Act of 6968
1954," 68 Stat. 919, 42 U.S.C. 2011, as amended, heat, wrecked or 6969
discarded equipment, rock, sand, cellar dirt, and industrial, 6970
municipal, and agricultural waste, including manure, discharged 6971
into water. "Pollutant" does not include either of the following: 6972

       (1) Sewage from vessels; 6973

       (2) Water, gas, or other material that is injected into a 6974
well to facilitate production of oil or gas, or water derived in 6975
association with oil and gas production and disposed of in a well, 6976
if the well that is used either to facilitate production or for 6977
disposal purposes is approved by the state and if the state 6978
determines that the injection or disposal will not result in the 6979
degradation of ground or surface water resources. 6980

       (Z) "Process generated waste water" means water that is 6981
directly or indirectly used in the operation of an animal feeding 6982
facility for any of the following: 6983

       (1) Spillage or overflow from animal watering systems; 6984

       (2) Washing, cleaning, or flushing pens, barns, manure pits, 6985
or other areas of an animal feeding facility; 6986

       (3) Direct contact swimming, washing, or spray cooling of 6987
animals; 6988

       (4) Dust control. 6989

       (AA) "Process waste water" means any process generated waste 6990
water and any precipitation, including rain or snow, that comes 6991
into contact with manure, litter, bedding, or any other raw 6992
material or intermediate or final material or product used in or 6993
resulting from the production of animals or direct products such 6994
as milk or eggs. 6995

       (BB) "Production area" means any of the following components 6996
of an animal feeding facility: 6997

        (1) Animal confinement areas, including, but not limited to, 6998
open lots, housed lots, feedlots, confinement houses, stall barns, 6999
free stall barns, milkrooms, milking centers, cowyards, barnyards, 7000
medication pens, animal walkways, and stables; 7001

        (2) Manure storage areas, including, but not limited to, 7002
manure storage or treatment facilities; 7003

        (3) Raw material storage areas, including, but not limited 7004
to, feed silos, silage bunkers, commodity buildings, and bedding 7005
materials; 7006

        (4) Waste containment areas, including, but not limited to, 7007
any of the following: 7008

       (a) An egg washing or egg processing facility; 7009

       (b) An area used in the storage, handling, treatment, or 7010
disposal of mortalities; 7011

       (c) Settling basins, runoff ponds, liquid impoundments, and 7012
areas within berms and diversions that are designed and maintained 7013
to separate uncontaminated storm water runoff from contaminated 7014
water and to contain and treat contaminated storm water runoff. 7015

       (CC) "Public meeting" means a nonadversarial public hearing 7016
at which a person may present written or oral statements for the 7017
director of agriculture's consideration and includes public 7018
hearings held under section 6111.12 of the Revised Code. 7019

       (DD) "Review compliance certificate" means a certificate 7020
issued under section 903.04 of the Revised Code.7021

       (EE) "Rule" means a rule adopted under section 903.10 of the 7022
Revised Code. 7023

       (FF)(EE) "Small concentrated animal feeding operation" means 7024
an animal feeding facility that is not a large or medium 7025
concentrated animal feeding operation and that is designated by 7026
the director as a small concentrated animal feeding operation 7027
pursuant to rules. 7028

       (GG)(FF) "Waters of the state" has the same meaning as in 7029
section 6111.01 of the Revised Code. 7030

       Sec. 903.03.  (A)(1) Not later than one hundred eighty days 7031
after March 15, 2001, the director of agriculture shall prepare a 7032
program for the issuance of permits to operate under this section. 7033

       (2) Except for a concentrated animal feeding facility that is 7034
operating under an installation permit or a review compliance 7035
certificate, on and after the date on which the director has 7036
finalized the program required under division (A)(1) of this 7037
section, no person shall own or operate a concentrated animal 7038
feeding facility without a permit to operate issued by the 7039
director under this section. 7040

       (B) The director or the director's authorized representative 7041
may help an applicant for a permit to operate during the 7042
permitting process by providing guidance and technical assistance. 7043

       (C) An applicant for a permit to operate shall submit a fee 7044
in an amount established by rule together with, except as 7045
otherwise provided in division (E) of this section, an application 7046
to the director on a form that the director prescribes and 7047
provides. The applicant shall include with the application all of 7048
the following information: 7049

       (1) The name and address of the applicant, of all partners if 7050
the applicant is a partnership, of all members if the applicant is 7051
a limited liability company, or of all officers and directors if 7052
the applicant is a corporation, and of any other person who has a 7053
right to control or in fact controls management of the applicant 7054
or the selection of officers, directors, or managers of the 7055
applicant. As used in division (C)(1) of this section, "control" 7056
has the same meaning as in division (C)(1) of section 903.02 of 7057
the Revised Code. 7058

       (2) Information concerning the applicant's past compliance 7059
with laws pertaining to environmental protection that is required 7060
to be provided under section 903.05 of the Revised Code, if 7061
applicable; 7062

       (3) A manure management plan for the concentrated animal 7063
feeding facility that conforms to best management practices 7064
regarding the handling, storage, transportation, and land 7065
application of manure generated at the facility and that contains 7066
any other information required by rule; 7067

       (4) An insect and rodent control plan for the concentrated 7068
animal feeding facility that conforms to best management practices 7069
and is prepared in accordance with section 903.06 of the Revised 7070
Code; 7071

       (5) In the case of an application for a major concentrated 7072
animal feeding facility, written proof that the person who would 7073
be responsible for the supervision of the management and handling 7074
of manure at the facility has been issued a livestock manager 7075
certification in accordance with section 903.07 of the Revised 7076
Code or will obtain a livestock manager certification prior to 7077
applying any manure to land. 7078

       (D) The director shall issue permits to operate in accordance 7079
with section 903.09 of the Revised Code. The director shall deny a 7080
permit to operate if either of the following applies: 7081

       (1) The permit application contains misleading or false 7082
information;.7083

       (2) The manure management plan or insect and rodent control 7084
plan fails to conform to best management practices. 7085

       Additional grounds for the denial of a permit to operate 7086
shall be those established in this chapter and in rules. 7087

       (E) The director shall issue general permits to operate for 7088
categories of concentrated animal feeding facilities that will 7089
apply in lieu of individual permits to operate, provided that each 7090
category of facilities meets all of the criteria established in 7091
rules for general permits to operate. A person who is required to 7092
obtain a permit to operate shall submit to the director a notice 7093
of the person's intent to be covered under an existing general 7094
permit or, at the person's option, shall submit an application for 7095
an individual permit to operate. Upon receipt of a notice of 7096
intent to be covered under an existing general permit, the 7097
director shall notify the applicant in writing that the person is 7098
covered by the general permit if the person satisfies the criteria 7099
established in rules for eligibility for such coverage. If the 7100
person is ineligible for coverage under the general permit, the 7101
director shall require the submission of an application for an 7102
individual permit to operate. 7103

       (F) A permit to operate shall be valid for a period of five 7104
years. 7105

       (G) A permit to operate may be renewed. An application for 7106
renewal of a permit to operate shall be submitted to the director 7107
at least one hundred eighty days prior to the expiration date of 7108
the permit to operate and shall comply with the requirements 7109
governing applications for permits to operate that are established 7110
under this section and by rules, including requirements pertaining 7111
to public notice and participation. 7112

       (H) The director may modify, suspend, or revoke a permit to 7113
operate in accordance with rules. 7114

       (I) The owner or operator of a concentrated animal feeding 7115
facility who proposes to make a major operational change at the 7116
facility shall submit an application for approval of the change to 7117
the director in accordance with rules. 7118

       Sec. 903.07.  (A) On and after the date that is established 7119
in rules by the director of agriculture, both of the following 7120
apply: 7121

       (1) The management and handling of manure at a major 7122
concentrated animal feeding facility, including the land 7123
application of manure or the removal of manure from a manure 7124
storage or treatment facility, shall be conducted only by or under 7125
the supervision of a person holding a livestock manager 7126
certification issued under this section. A person managing or 7127
handling manure who is acting under the instructions and control 7128
of a person holding a livestock manager certification is 7129
considered to be under the supervision of the certificate holder 7130
if the certificate holder is responsible for the actions of the 7131
person and is available when needed even though the certificate 7132
holder is not physically present at the time of the manure 7133
management or handling. 7134

       (2) No person shall transport and land apply annually or buy, 7135
sell, or land apply annually the volume of manure established in 7136
rules adopted by the director under division (E)(D)(5) of section 7137
903.10 of the Revised Code unless the person holds a livestock 7138
manager certification issued under this section. 7139

       (B) The director shall issue a livestock manager 7140
certification to a person who has submitted a complete application 7141
for certification on a form prescribed and provided by the 7142
director, together with the appropriate application fee, and who 7143
has completed successfully the required training and has passed 7144
the required examination. The director may suspend or revoke a 7145
livestock manager certification and may reinstate a suspended or 7146
revoked livestock manager certification in accordance with rules. 7147

       (C) Information required to be included in an application for 7148
a livestock manager certification, the amount of the application 7149
fee, requirements regarding training and the examination, 7150
requirements governing the management and handling of manure, 7151
including the land application of manure, and requirements 7152
governing the keeping of records regarding the handling of manure, 7153
including the land application of manure, shall be established in 7154
rules. 7155

       Sec. 903.082. (A) The director of agriculture may determine 7156
that an animal feeding facility that is not a concentrated animal 7157
feeding facility nevertheless shall be required to apply for and 7158
receive a permit to operate when all of the following apply:7159

        (1) The director has received from the chief of the division 7160
of soil and water resources in the department of natural resources 7161
a copy of an order issuedspecified a corrective action to be 7162
taken under section 1511.02939.09 of the Revised Code that 7163
specifies that the animal feeding facility has caused agricultural 7164
pollution by failure to comply with standards established under 7165
that section and that the animal feeding facility therefore should 7166
be required to be permitted as a concentrated animal feeding 7167
facility.7168

        (2) The director or the director's authorized representative 7169
has inspected the animal feeding facility.7170

        (3) The director or the director's authorized representative 7171
finds that the facility is not being operated in a manner that 7172
protects the waters of the state.7173

        (B) In a situation in which best management practices cannot 7174
be implemented without modifying the existing animal feeding 7175
facility, the owner or operator of the facility shall apply for a 7176
permit to install for the facility.7177

        (C) In the case of an animal feeding facility for which a 7178
permit to operate is required under this section, a permit to 7179
operate shall not be required after the end of the five-year term 7180
of the permit if the problems that caused the facility to be 7181
required to obtain the permit have been corrected to the 7182
director's satisfaction.7183

       Sec. 903.09. (A) Prior to issuing or modifying a permit to 7184
install, permit to operate, or NPDES permit, the director of 7185
agriculture shall issue a draft permit. The director or the 7186
director's representative shall mail notice of the issuance of a 7187
draft permit to the applicant and shall publish the notice once in 7188
a newspaper of general circulation in the county in which the 7189
concentrated animal feeding facility or discharger is located or 7190
proposed to be located. The director shall mail notice of the 7191
issuance of a draft permit and a copy of the draft permit to the 7192
board of county commissioners of the county and the board of 7193
township trustees of the township in which the concentrated animal 7194
feeding facility or discharger is located or proposed to be 7195
located. The director or the director's representative also shall 7196
provide notice of the issuance of a draft NPDES permit to any 7197
other persons that are entitled to notice under the Federal Water 7198
Pollution Control Act. Notice of the issuance of a draft permit to 7199
install, permit to operate, or NPDES permit shall include the 7200
address where written comments concerning the draft permit may be 7201
submitted and the period of time during which comments will be 7202
accepted as established by rule. 7203

       If the director receives written comments in an amount that 7204
demonstrates significant public interest, as defined by rule, in 7205
the draft permit, the director shall schedule one public meeting 7206
to provide information to the public and to hear comments 7207
pertinent to the draft permit. The notice of the public meeting 7208
shall be provided in the same manner as the notice of the issuance 7209
of the draft permit. 7210

       (B) If a person is required to obtain both a permit to 7211
install and a permit to operate, including any permit to operate 7212
with NPDES provisions, and public meetings are required for both 7213
permits, the public meetings for the permits shall be combined. 7214

       (C) The director shall apply the antidegradation policy 7215
adopted under section 6111.12 of the Revised Code to permits 7216
issued under this chapter to the same degree and under the same 7217
circumstances as it applies to permits issued under Chapter 6111. 7218
of the Revised Code. The director shall hold one public meeting to 7219
consider antidegradation issues when such a meeting is required by 7220
the antidegradation policy. When allowed by the antidegradation 7221
policy, the director shall hold the public meeting on 7222
antidegradation issues concurrently with any public meeting held 7223
for the draft permit. 7224

       (D) The director or the director's representative shall 7225
publish notice of the issuance of a final permit to install, 7226
permit to operate, or NPDES permit once in a newspaper of general 7227
circulation in the county in which the concentrated animal feeding 7228
facility or discharger is located. 7229

       (E) Notice or a public meeting is not required for the 7230
modification of a permit made with the consent of the permittee 7231
for the correction of typographical errors. 7232

       (F) The denial, modification, suspension, or revocation of a 7233
permit to install, permit to operate, or NPDES permit without the 7234
consent of the applicant or permittee shall be preceded by a 7235
proposed action stating the director's intention to issue an order 7236
with respect to the permit and the reasons for it. 7237

       The director shall mail to the applicant or the permittee 7238
notice of the director's proposed action to deny, modify, suspend, 7239
or revoke a permit to install, permit to operate, or NPDES permit. 7240
The director shall publish the notice once in a newspaper of 7241
general circulation in the county in which the concentrated animal 7242
feeding facility or concentrated animal feeding operation is 7243
located or proposed to be located. The director shall mail a copy 7244
of the notice of the proposed action to the board of county 7245
commissioners of the county and to the board of township trustees 7246
of the township in which the concentrated animal feeding facility 7247
or concentrated animal feeding operation is located or proposed to 7248
be located. The director also shall provide notice of the 7249
director's proposed action to deny, modify, suspend, or revoke a 7250
permit to install, permit to operate, or NPDES permit to any other 7251
person that is entitled to notice under the Federal Water 7252
Pollution Control Act. The notice of the director's proposed 7253
action to deny, modify, suspend, or revoke a permit to install, 7254
permit to operate, or NPDES permit shall include the address where 7255
written comments concerning the director's proposed action may be 7256
submitted and the period of time during which comments will be 7257
accepted as established by rule. If the director receives written 7258
comments in an amount that demonstrates significant public 7259
interest, as defined by rule, the director shall schedule one 7260
public meeting to provide information to the public and to hear 7261
comments pertinent to the proposed action. The notice of the 7262
public meeting shall be provided in the same manner as the notice 7263
of the director's proposed action. 7264

        The director shall not issue an order that makes the proposed 7265
action final until the applicant or permittee has had an 7266
opportunity for an adjudication hearing in accordance with Chapter 7267
119. of the Revised Code, except that section 119.12 of the 7268
Revised Code does not apply. An order of the director that 7269
finalizes the proposed action or an order issuing a permit without 7270
a prior proposed action may be appealed to the environmental 7271
review appeals commission under sections 3745.04 to 3745.06 of the 7272
Revised Code. 7273

       (G)(1) The director shall issue an order issuing or denying 7274
an application for a permit to operate that contains NPDES 7275
provisions or for a NPDES permit, as well as any application for a 7276
permit to install that is submitted simultaneously, not later than 7277
one hundred eighty days after receiving the application. 7278

       (2) In the case of an application for a permit to install or 7279
permit to operate that is not connected with an application for a 7280
NPDES permit, the director shall issue or propose to deny the 7281
permit not later than ninety days after receiving the application. 7282
If the director has proposed to deny the permit to install or 7283
permit to operate under division (G)(2) of this section, the 7284
director shall issue an order denying the permit or, if the 7285
director decides against the proposed denial, issuing the permit 7286
not later than one hundred eighty days after receiving the 7287
application. If the director denies the permit, the director shall 7288
notify the applicant in writing of the reason for the denial. 7289

       (H) All rulemaking and the issuance of civil penalties under 7290
this chapter shall comply with Chapter 119. of the Revised Code. 7291

       (I) Upon the transfer of ownership of an animal feeding 7292
facility for which a permit to install, an installation permit, a 7293
review compliance certificate, or a permit to operate that 7294
contains no NPDES provisions has been issued, the permit or 7295
certificate shall be transferred to the new owner of the animal 7296
feeding facility except as provided in division (C) of section 7297
903.05 of the Revised Code. In the case of the transfer of 7298
ownership of a point source for which a NPDES permit or a permit 7299
to operate that contains NPDES provisions has been issued, the 7300
permit shall be transferred in accordance with rules. 7301

       (J) Applications for installation permits for animal feeding 7302
facilities pending before the director of environmental protection 7303
on the date on which the director of agriculture has finalized the 7304
programs required under division (A)(1) of section 903.02 and 7305
division (A)(1) of section 903.03 of the Revised Code shall be 7306
transferred to the director of agriculture. In the case of an 7307
applicant who is required to obtain a permit to install and a 7308
permit to operate under sections 903.02 and 903.03, respectively, 7309
of the Revised Code, the director of agriculture shall process the 7310
pending application for an installation permit as an application 7311
for a permit to install and a permit to operate. 7312

       (K) Applications for NPDES permits for either of the 7313
following that are pending before the director of environmental 7314
protection on the date on which the United States environmental 7315
protection agency approves the NPDES program submitted by the 7316
director of agriculture under section 903.08 of the Revised Code 7317
shall be transferred to the director of agriculture: 7318

       (1) The discharge of pollutants from a concentrated animal 7319
feeding operation; 7320

       (2) The discharge of storm water resulting from an animal 7321
feeding facility.7322

       In the case of an applicant who is required to obtain a NPDES 7323
permit under section 903.08 of the Revised Code, the director of 7324
agriculture shall process the pending application as an 7325
application for a NPDES permit under that section. 7326

       Sec. 903.10.  The director of agriculture may adopt rules in 7327
accordance with Chapter 119. of the Revised Code that do all of 7328
the following: 7329

       (A) Establish all of the following concerning permits to 7330
install and permits to operate: 7331

       (1) A description of what constitutes a modification of a 7332
concentrated animal feeding facility; 7333

       (2) A description of what constitutes a major operational 7334
change at a concentrated animal feeding facility; 7335

       (3) The amount of the fee that must be submitted with each 7336
permit application and each application for a permit modification; 7337

       (4) Information that must be included in the designs and 7338
plans required to be submitted with an application for a permit to 7339
install and criteria for approving, disapproving, or requiring 7340
modification of the designs and plans; 7341

       (5) Information that must be included in a manure management 7342
plan required to be submitted with an application for a permit to 7343
operate; 7344

       (6) Information that must be included in an application for 7345
the modification of an installation permit, a permit to install, 7346
or a permit to operate; 7347

       (7) Information that must be included in an application for 7348
approval of a major operational change at a concentrated animal 7349
feeding facility; 7350

       (8) Any additional information that must be included with a 7351
permit application; 7352

       (9) Procedures for the issuance, denial, modification, 7353
transfer, suspension, and revocation of permits to install and 7354
permits to operate, including general permits; 7355

       (10) Procedures for the approval or denial of an application 7356
for approval of a major operational change at a concentrated 7357
animal feeding facility; 7358

       (11) Grounds for the denial, modification, suspension, or 7359
revocation of permits to install and permits to operate in 7360
addition to the grounds established in division (D) of section 7361
903.02 and division (D) of section 903.03 of the Revised Code; 7362

       (12) Grounds for the denial of an application for approval of 7363
a major operational change at a concentrated animal feeding 7364
facility; 7365

       (13) A requirement that a person that is required to obtain 7366
both a permit to install and a permit to operate submit 7367
applications for those permits simultaneously; 7368

       (14) A definition of "general permit to operate" that 7369
establishes categories of concentrated animal feeding facilities 7370
to be covered under such a permit and a definition of "individual 7371
permit to operate" together with the criteria for issuing a 7372
general permit to operate and the criteria for determining a 7373
person's eligibility to operate under a general permit to operate. 7374

       (B) Establish all of the following for the purposes of review 7375
compliance certificates issued under section 903.04 of the Revised 7376
Code:7377

       (1) The form of a certificate;7378

       (2) Criteria for what constitutes a significant capital 7379
expenditure under division (D) of that section;7380

       (3) Deadlines and procedures for submitting information under 7381
division (E)(2) of that section.7382

       (C) Establish best management practices that minimize water 7383
pollution, odors, insects, and rodents, that govern the land 7384
application of manure that originated at a concentrated animal 7385
feeding facility, and that govern all of the following activities 7386
that occur at a concentrated animal feeding facility: 7387

       (1) Manure management, including the storage, handling, 7388
transportation, and land application of manure. Rules adopted 7389
under division (C)(B)(1) of this section shall include practices 7390
that prevent surface and ground water contamination caused by the 7391
storage of manure or the land application of manure and prevent 7392
the contamination of water in drainage tiles that may be caused by 7393
that application. 7394

       (2) Disposal of dead livestock; 7395

       (3) Production of biodiesel, biomass energy, electric or heat 7396
energy, and biologically derived methane gas as those terms are 7397
defined in section 5713.30 of the Revised Code;7398

       (4) Any other activity that the director considers 7399
appropriate. 7400

       Best management practices established in rules adopted under 7401
division (C)(B) of this section shall not conflict with best 7402
management practices established in rules that have been adopted 7403
under any other section of the Revised Code. The rules adopted 7404
under division (C)(B) of this section shall establish guidelines 7405
that require owners or operators of concentrated animal feeding 7406
facilities to consult with and work with local officials, 7407
including boards of county commissioners and boards of township 7408
trustees, in addressing issues related to local government 7409
infrastructure needs and the financing of that infrastructure. 7410

       (D)(C) Establish all of the following concerning insect and 7411
rodent control plans required under section 903.06 of the Revised 7412
Code: 7413

       (1) The information to be included in an insect and rodent 7414
control plan; 7415

       (2) Criteria for approving, disapproving, or requiring 7416
modification of an insect and rodent control plan; 7417

       (3) Criteria for determining compliance with or violation of 7418
an insect and rodent control plan; 7419

       (4) Procedures and standards for monitoring insect and rodent 7420
control plans; 7421

       (5) Procedures and standards for enforcing insect and rodent 7422
control plans at concentrated animal feeding facilities at which 7423
insects or rodents constitute a nuisance or adversely affect 7424
public health; 7425

       (6) The amount of civil penalties for violation of an insect 7426
and rodent control plan assessed by the director of agriculture 7427
under division (B) of section 903.16 of the Revised Code, provided 7428
that the rules adopted under division (D)(C)(6) of this section 7429
shall not establish a civil penalty of more than ten thousand 7430
dollars for a violation involving a concentrated animal feeding 7431
facility that is not a major concentrated animal feeding facility 7432
and shall not establish a civil penalty of more than twenty-five 7433
thousand dollars for a violation involving a major concentrated 7434
animal feeding facility; 7435

       (7) The time period within which the director must approve or 7436
deny an insect and rodent control plan after receiving it; 7437

       (8) Any other provisions necessary to administer and enforce 7438
section 903.12 of the Revised Code. 7439

       (E)(D) Establish all of the following concerning livestock 7440
manager certifications required under section 903.07 of the 7441
Revised Code: 7442

       (1) The information to be included in an application for a 7443
livestock manager certification and the amount of the application 7444
fee; 7445

       (2) The content of the training required to be completed and 7446
of the examination required to be passed by an applicant for a 7447
livestock manager certification. The training shall include and 7448
the examination shall test the applicant's knowledge of 7449
information on topics that include calculating nutrient values in 7450
manure, devising and implementing a plan for the land application 7451
of manure, removing manure held in a manure storage or treatment 7452
facility, and following best management practices established in 7453
rules for disposal of dead animals and manure management, 7454
including practices that control odor and protect the environment. 7455
The director may specify other types of recognized training 7456
programs that, if completed, are considered to satisfy the 7457
training and examination requirement. 7458

       (3) Criteria and procedures for the issuance, denial, 7459
suspension, revocation, or reinstatement of a livestock manager 7460
certification; 7461

       (4) The length of time during which livestock manager 7462
certifications will be valid and procedures for their renewal; 7463

       (5) The volume of manure that must be transported and land 7464
applied annually or the volume of manure that must be bought, 7465
sold, or land applied annually by a person in order for the person 7466
to be required to obtain a livestock manager certification under 7467
division (A)(2) of section 903.07 of the Revised Code; 7468

       (6) Requirements governing the management and handling of 7469
manure, including the land application of manure; 7470

       (7) Requirements governing the keeping of records regarding 7471
the handling of manure, including the land application of manure; 7472

       (8) Any other provisions necessary to administer and enforce 7473
section 903.07 of the Revised Code. 7474

       (F)(E) Establish all of the following concerning NPDES 7475
permits: 7476

       (1) The designation of concentrated animal feeding operations 7477
that are subject to NPDES permit requirements under section 903.08 7478
of the Revised Code; 7479

       (2) Effluent limitations governing discharges into waters of 7480
the state that are authorized by permits; 7481

       (3) Variances from effluent limitations and other permit 7482
requirements to the extent that the variances are consistent with 7483
the Federal Water Pollution Control Act; 7484

       (4) Terms and conditions to be included in a permit, 7485
including, as applicable, best management practices; installation 7486
of discharge or water quality monitoring methods or equipment; 7487
creation and retention of records; submission of periodic reports; 7488
schedules of compliance; net volume, net weight, and, where 7489
necessary, concentration and mass loading limits of manure that 7490
may be discharged into waters of the state; and authorized 7491
duration and frequency of any discharges into waters of the state; 7492

       (5) Procedures for the submission of applications for permits 7493
and notices of intent to be covered by general permits, including 7494
information that must be included in the applications and notices; 7495

       (6) The amount of the fee that must be submitted with an 7496
application for a permit; 7497

       (7) Procedures for processing permit applications, including 7498
public notice and participation requirements; 7499

       (8) Procedures for notifying the United States environmental 7500
protection agency of the submission of permit applications, the 7501
director's action on those applications, and any other reasonable 7502
and relevant information; 7503

       (9) Procedures for notifying and receiving and responding to 7504
recommendations from other states whose waters may be affected by 7505
the issuance of a permit; 7506

       (10) Procedures for the transfer of permits to new owners or 7507
operators; 7508

       (11) Grounds and procedures for the issuance, denial, 7509
modification, suspension, or revocation of permits, including 7510
general permits; 7511

       (12) A definition of "general NPDES permit" that establishes 7512
categories of point sources to be covered under such a permit and 7513
a definition of "individual NPDES permit" together with the 7514
criteria for issuing a general NPDES permit and the criteria for 7515
determining a person's eligibility to discharge under a general 7516
NPDES permit. 7517

       The rules adopted under division (F)(E) of this section shall 7518
be consistent with the requirements of the Federal Water Pollution 7519
Control Act. 7520

       (G)(F) Establish public notice and participation 7521
requirements, in addition to the procedures established in rules 7522
adopted under division (F)(E)(7) of this section, for the 7523
issuance, denial, modification, transfer, suspension, and 7524
revocation of permits to install, permits to operate, and NPDES 7525
permits consistent with section 903.09 of the Revised Code, 7526
including a definition of what constitutes significant public 7527
interest for the purposes of divisions (A) and (F) of section 7528
903.09 of the Revised Code and procedures for public meetings. The 7529
rules shall require that information that is presented at such a 7530
public meeting be limited to the criteria that are applicable to 7531
the permit application that is the subject of the public meeting. 7532

       (H)(G) Establish the amount of civil penalties assessed by 7533
the director of agriculture under division (B) of section 903.16 7534
of the Revised Code for violation of the terms and conditions of a 7535
permit to install,or permit to operate, or review compliance 7536
certificate, provided that the rules adopted under this division 7537
shall not establish a civil penalty of more than ten thousand 7538
dollars per day for each violation; 7539

       (I)(H) Establish procedures for the protection of trade 7540
secrets from public disclosure. The procedures shall authorize the 7541
release of trade secrets to officers, employees, or authorized 7542
representatives of the state, another state, or the United States 7543
when necessary for an enforcement action brought under this 7544
chapter or when otherwise required by the Federal Water Pollution 7545
Control Act. The rules shall require at least ten days' written 7546
notice to the person to whom a trade secret applies prior to the 7547
release of the trade secret. Rules adopted under this division do 7548
not apply to any information that is contained in applications, 7549
including attachments, for NPDES permits and that is required to 7550
be submitted under section 903.08 of the Revised Code or rules 7551
adopted under division (F)(E) of this section. 7552

       (J)(I) Establish any other provisions necessary to administer 7553
and enforce this chapter. 7554

       Sec. 903.11.  (A) The director of agriculture may enter into 7555
contracts or agreements to carry out the purposes of this chapter 7556
with any public or private person, including OSU extension, the 7557
natural resources conservation service in the United States 7558
department of agriculture, the environmental protection agency, 7559
the division of soil and water resources in the department of 7560
natural resources, and soil and water conservation districts 7561
established under Chapter 1515. of the Revised Code. However, the 7562
director shall not enter into a contract or agreement with a 7563
private person for the review of applications for permits to 7564
install, permits to operate, or NPDES permits, or review 7565
compliance certificates that are issued under this chapter or for 7566
the inspection of a facility regulated under this chapter or with 7567
any person for the issuance of any of those permits or 7568
certificates or for the enforcement of this chapter and rules 7569
adopted under it.7570

       (B) The director may administer grants and loans using moneys 7571
from the federal government and other sources, public or private, 7572
for carrying out any of the director's functions. Nothing in this 7573
chapter shall be construed to limit the eligibility of owners or 7574
operators of animal feeding facilities or other agricultural 7575
enterprises to receive moneys from the water pollution control 7576
loan fund established under section 6111.036 of the Revised Code 7577
and the nonpoint source pollution management fund established 7578
under section 6111.037 of the Revised Code.7579

       The director of agriculture shall provide the director of 7580
environmental protection with written recommendations for 7581
providing financial assistance from those funds to agricultural 7582
enterprises. The director of environmental protection shall 7583
consider the recommendations in developing priorities for 7584
providing financial assistance from the funds.7585

       Sec. 903.12.  (A) The director of agriculture or the 7586
director's authorized representative at reasonable times may enter 7587
on any public or private property, real or personal, to make 7588
investigations and inspections, including the sampling of 7589
discharges and the inspection of discharge monitoring equipment, 7590
or to otherwise execute duties that are necessary for the 7591
administration and enforcement of this chapter. The director or 7592
the director's authorized representative at reasonable times may 7593
examine and copy any records pertaining to discharges that are 7594
subject to this chapter or any records that are required to be 7595
maintained by the terms and conditions of a permit or review 7596
compliance certificate issued under this chapter. If refused 7597
entry, the director or the director's authorized representative 7598
may apply for and the court of common pleas having jurisdiction 7599
may issue an appropriate warrant.7600

       (B) No person to whom a permit or review compliance 7601
certificate has been issued under this chapter shall refuse entry 7602
to the director or the director's authorized representative or 7603
purposely hinder or thwart the director or the director's 7604
authorized representative in the exercise of any authority granted 7605
under division (A) of this section.7606

       Sec. 903.13.  In a private civil action for an alleged 7607
nuisance related to agricultural activities conducted at a 7608
concentrated animal feeding facility, it is an affirmative defense 7609
if the person owning, operating, or otherwise responsible for the 7610
concentrated animal feeding facility is in compliance with best 7611
management practices established in the installation permit,or7612
permit to operate, or review compliance certificate issued for the 7613
concentrated animal feeding facility and the agricultural 7614
activities do not violate federal, state, and local laws governing 7615
nuisances.7616

       Sec. 903.16.  (A) The director of agriculture may propose to 7617
require corrective actions and assess a civil penalty against an 7618
owner or operator of a concentrated animal feeding facility if the 7619
director or the director's authorized representative determines 7620
that the owner or operator is not in compliance with section 7621
903.02,or 903.03, or 903.04 or division (A) of section 903.07 of 7622
the Revised Code, the terms and conditions of a permit to install,7623
or permit to operate, or review compliance certificate issued for 7624
the concentrated animal feeding facility, including the 7625
requirements established under division (C) of section 903.06 of 7626
the Revised Code, or rules adopted under division (A), (B), (C), 7627
(D), (E), or (J)(I) of section 903.10 of the Revised Code. 7628
However, the director may impose a civil penalty only if all of 7629
the following occur: 7630

       (1) The owner or operator is notified in writing of the 7631
deficiencies resulting in noncompliance, the actions that the 7632
owner or operator must take to correct the deficiencies, and the 7633
time period within which the owner or operator must correct the 7634
deficiencies and attain compliance. 7635

       (2) After the time period specified in the notice has 7636
elapsed, the director or the director's duly authorized 7637
representative has inspected the concentrated animal feeding 7638
facility, determined that the owner or operator is still not in 7639
compliance, and issued a notice of an adjudication hearing. 7640

       (3) The director affords the owner or operator an opportunity 7641
for an adjudication hearing under Chapter 119. of the Revised Code 7642
to challenge the director's determination that the owner or 7643
operator is not in compliance or the imposition of the civil 7644
penalty, or both. However, the owner or operator may waive the 7645
right to an adjudication hearing. 7646

       (B) If the opportunity for an adjudication hearing is waived 7647
or if, after an adjudication hearing, the director determines that 7648
a violation has occurred or is occurring, the director may issue 7649
an order requiring compliance and assess the civil penalty. The 7650
order and the assessment of the civil penalty may be appealed in 7651
accordance with section 119.12 of the Revised Code. 7652

       Civil penalties shall be assessed under this division as 7653
follows: 7654

       (1) A person who has violated section 903.02,or 903.03, or 7655
903.04 of the Revised Code, the terms and conditions of a permit 7656
to install,or permit to operate, or review compliance 7657
certificate, or rules adopted under division (A), (B), (C), (D), 7658
(E), or (J)(I) of section 903.10 of the Revised Code shall pay a 7659
civil penalty in an amount established in rules unless the 7660
violation is of the requirements established under division (C) of 7661
section 903.06 or division (A) of section 903.07 of the Revised 7662
Code. 7663

       (2) A person who has violated the requirements established 7664
under division (C) of section 903.06 of the Revised Code shall pay 7665
a civil penalty in an amount established in rules for each 7666
violation. Each seven-day period during which a violation 7667
continues constitutes a separate violation. 7668

       (3) A person who has violated the requirements established 7669
under division (A) of section 903.07 of the Revised Code shall pay 7670
a civil penalty of not more than ten thousand dollars for each 7671
violation. Each thirty-day period during which a violation 7672
continues constitutes a separate violation. 7673

       (C) The attorney general, upon the written request of the 7674
director, shall bring an action for an injunction in any court of 7675
competent jurisdiction against any person violating or threatening 7676
to violate section 903.02,or 903.03, or 903.04 or division (A) of 7677
section 903.07 of the Revised Code; the terms and conditions of a 7678
permit to install,or permit to operate, or review compliance 7679
certificate, including the requirements established under division 7680
(C) of section 903.06 of the Revised Code; rules adopted under 7681
division (A), (B), (C), (D), (E), or (J)(I) of section 903.10 of 7682
the Revised Code; or an order issued under division (B) of this 7683
section or division (B) of section 903.07 of the Revised Code. 7684

       (D)(1) In lieu of seeking civil penalties under division (A) 7685
of this section, the director may request the attorney general, in 7686
writing, to bring an action for a civil penalty in a court of 7687
competent jurisdiction against any person that has violated or is 7688
violating division (A) of section 903.07 of the Revised Code or 7689
the terms and conditions of a permit to install,or permit to 7690
operate, or review compliance certificate, including the 7691
requirements established under division (C) of section 903.06 of 7692
the Revised Code. 7693

       (2) The director may request the attorney general, in 7694
writing, to bring an action for a civil penalty in a court of 7695
competent jurisdiction against any person that has violated or is 7696
violating section 903.02,or 903.03, or 903.04 of the Revised 7697
Code, rules adopted under division (A), (B), (C), (D), (E), or 7698
(J)(I) of section 903.10 of the Revised Code, or an order issued 7699
under division (B) of this section or division (B) of section 7700
903.07 of the Revised Code. 7701

       (3) A person who has committed a violation for which the 7702
attorney general may bring an action for a civil penalty under 7703
division (D)(1) or (2) of this section shall pay a civil penalty 7704
of not more than ten thousand dollars per violation. Each day that 7705
a violation continues constitutes a separate violation. 7706

       (E) In addition to any other penalties imposed under this 7707
section, the director may impose an administrative penalty against 7708
an owner or operator of a concentrated animal feeding facility if 7709
the director or the director's authorized representative 7710
determines that the owner or operator is not in compliance with 7711
best management practices that are established in rules adopted 7712
under division (B) or (C) or (D) of section 903.10 of the Revised 7713
Code or in the permit to install,or permit to operate, or review 7714
compliance certificate issued for the facility. The administrative 7715
penalty shall not exceed five thousand dollars.7716

        The director shall afford the owner or operator an 7717
opportunity for an adjudication hearing under Chapter 119. of the 7718
Revised Code to challenge the director's determination under this 7719
division, the director's imposition of an administrative penalty 7720
under this division, or both. The director's determination and the 7721
imposition of the administrative penalty may be appealed in 7722
accordance with section 119.12 of the Revised Code.7723

       Sec. 903.17.  (A) The director of agriculture may propose to 7724
require corrective actions and assess a civil penalty against an 7725
owner or operator of an animal feeding operation if the director 7726
or the director's authorized representative determines that the 7727
owner or operator is not in compliance with section 903.08 of the 7728
Revised Code, the terms and conditions of a NPDES permit, the 7729
NPDES provisions of a permit to operate, or rules adopted under 7730
division (F)(E) of section 903.10 of the Revised Code. However, 7731
the director may impose a civil penalty only if all of the 7732
following occur: 7733

       (1) The owner or operator is notified in writing of the 7734
deficiencies resulting in noncompliance, the actions that the 7735
owner or operator must take to correct the deficiencies, and the 7736
time period within which the owner or operator must correct the 7737
deficiencies and attain compliance. 7738

       (2) After the time period specified in the notice has 7739
elapsed, the director or the director's duly authorized 7740
representative has inspected the animal feeding operation, 7741
determined that the owner or operator is still not in compliance, 7742
and issued a notice of violation to require corrective actions. 7743

       (3) The director affords the owner or operator an opportunity 7744
for an adjudication hearing under Chapter 119. of the Revised Code 7745
to challenge the director's determination that the owner or 7746
operator is not in compliance or the imposition of the civil 7747
penalty, or both. However, the owner or operator may waive the 7748
right to an adjudication hearing. 7749

       (B) If the opportunity for an adjudication hearing is waived 7750
or if, after an adjudication hearing, the director determines that 7751
a violation has occurred or is occurring, the director may issue 7752
an order and assess a civil penalty of not more than ten thousand 7753
dollars per violation against the violator. For purposes of 7754
determining the civil penalty, each day that a violation continues 7755
constitutes a separate and distinct violation. The order and the 7756
assessment of the civil penalty may be appealed in accordance with 7757
section 119.12 of the Revised Code. 7758

       (C) To the extent consistent with the Federal Water Pollution 7759
Control Act, the director shall consider technical feasibility and 7760
economic costs in issuing orders under this section. 7761

       (D)(1) The attorney general, upon the written request of the 7762
director, shall bring an action for an injunction in any court of 7763
competent jurisdiction against any person violating or threatening 7764
to violate section 903.08 of the Revised Code, the terms and 7765
conditions of a NPDES permit, the NPDES provisions of a permit to 7766
operate, rules adopted under division (F)(E) of section 903.10 of 7767
the Revised Code, or an order issued under division (B) of this 7768
section. 7769

       (2) In lieu of seeking civil penalties under division (A) of 7770
this section, the director may request, in writing, the attorney 7771
general to bring an action for a civil penalty of not more than 7772
ten thousand dollars per violation in a court of competent 7773
jurisdiction against any person that has violated or is violating 7774
section 903.08 of the Revised Code, the terms and conditions of a 7775
NPDES permit, the NPDES provisions of a permit to operate, rules 7776
adopted under division (F)(E) of section 903.10 of the Revised 7777
Code, or an order issued under division (B) of this section. For 7778
purposes of determining the civil penalty to be assessed under 7779
division (B) of this section, each day that a violation continues 7780
constitutes a separate and distinct violation. 7781

       (E) In addition to any other penalties imposed under this 7782
section, the director may impose an administrative penalty against 7783
an owner or operator of an animal feeding operation if the 7784
director or the director's authorized representative determines 7785
that the owner or operator has discharged pollutants into waters 7786
of the state in violation of section 903.08 of the Revised Code or 7787
the terms and conditions of a NPDES permit or the NPDES provisions 7788
of the permit to operate issued for the operation. The 7789
administrative penalty shall not exceed five thousand dollars.7790

        The director shall afford the owner or operator an 7791
opportunity for an adjudication hearing under Chapter 119. of the 7792
Revised Code to challenge the director's determination under this 7793
division, the director's imposition of an administrative penalty 7794
under this division, or both. The director's determination and the 7795
imposition of the administrative penalty may be appealed in 7796
accordance with section 119.12 of the Revised Code.7797

       Sec. 903.25. An owner or operator of an animal feeding 7798
facility who holds a permit to install, a permit to operate, a 7799
review compliance certificate, or a NPDES permit or who is 7800
operating under an operation anda nutrient management plan, as 7801
defined in section 1511.01939.01 of the Revised Code, approved by 7802
the chief of the division of soil and water resources in the 7803
department of natural resourcesdirector of agriculture or the 7804
director's designee under section 1511.02939.02 of the Revised 7805
Code or by the supervisors of the appropriate soil and water 7806
conservation district under section 1515.08 of the Revised Code 7807
shall not be required by any political subdivision of the state or 7808
any officer, employee, agency, board, commission, department, or 7809
other instrumentality of a political subdivision to obtain a 7810
license, permit, or other approval pertaining to manure, insects 7811
or rodents, odor, or siting requirements for installation of an 7812
animal feeding facility.7813

       Sec. 921.06.  (A)(1) No individual shall do any of the 7814
following without having a commercial applicator license issued by 7815
the director of agriculture:7816

       (a) Apply pesticides for a pesticide business without direct 7817
supervision;7818

       (b) Apply pesticides as part of the individual's duties while 7819
acting as an employee of the United States government, a state, 7820
county, township, or municipal corporation, or a park district, 7821
port authority, or sanitary district created under Chapter 1545., 7822
4582., or 6115. of the Revised Code, respectively;7823

       (c) Apply restricted use pesticides. Division (A)(1)(c) of 7824
this section does not apply to a private applicator or an 7825
immediate family member or a subordinate employee of a private 7826
applicator who is acting under the direct supervision of that 7827
private applicator.7828

       (d) If the individual is the owner of a business other than a 7829
pesticide business or an employee of such an owner, apply 7830
pesticides at any of the following publicly accessible sites that 7831
are located on the property:7832

       (i) Food service operations that are licensed under Chapter 7833
3717. of the Revised Code;7834

       (ii) Retail food establishments that are licensed under 7835
Chapter 3717. of the Revised Code;7836

       (iii) Golf courses;7837

       (iv) Rental properties of more than four apartment units at 7838
one location;7839

       (v) Hospitals or medical facilities as defined in section 7840
3701.01 of the Revised Code;7841

       (vi) Child day-care centers or school child day-care centers 7842
as defined in section 5104.01 of the Revised Code;7843

       (vii) Facilities owned or operated by a school district 7844
established under Chapter 3311. of the Revised Code, including an 7845
educationeducational service center, a community school 7846
established under Chapter 3314. of the Revised Code, or a 7847
chartered or nonchartered nonpublic school that meets minimum 7848
standards established by the state board of education;7849

       (viii) Colleges as defined in section 3365.01State 7850
institutions of higher education as defined in section 3345.011 of 7851
the Revised Code, nonprofit institutions holding a certificate of 7852
authorization pursuant to Chapter 1713. of the Revised Code, 7853
institutions holding a certificate of registration from the state 7854
board of career colleges and schools and program authorization for 7855
an associate or bachelor's degree program issued under section 7856
3332.05 of the Revised Code, and private institutions exempt from 7857
regulation under Chapter 3332. of the Revised Code as prescribed 7858
in section 3333.046 of the Revised Code;7859

       (ix) Food processing establishments as defined in section 7860
3715.021 of the Revised Code;7861

       (x) Any other site designated by rule.7862

       (e) Conduct authorized diagnostic inspections.7863

       (2) Divisions (A)(1)(a) to (d) of this section do not apply 7864
to an individual who is acting as a trained serviceperson under 7865
the direct supervision of a commercial applicator.7866

       (3) Licenses shall be issued for a period of time established 7867
by rule and shall be renewed in accordance with deadlines 7868
established by rule. The fee for each such license shall be 7869
established by rule. If a license is not issued or renewed, the 7870
application fee shall be retained by the state as payment for the 7871
reasonable expense of processing the application. The director 7872
shall by rule classify by pesticide-use category licenses to be 7873
issued under this section. A single license may include more than 7874
one pesticide-use category. No individual shall be required to pay 7875
an additional license fee if the individual is licensed for more 7876
than one category.7877

       The fee for each license or renewal does not apply to an 7878
applicant who is an employee of the department of agriculture 7879
whose job duties require licensure as a commercial applicator as a 7880
condition of employment.7881

       (B) Application for a commercial applicator license shall be 7882
made on a form prescribed by the director. Each application for a 7883
license shall state the pesticide-use category or categories of 7884
license for which the applicant is applying and other information 7885
that the director determines essential to the administration of 7886
this chapter.7887

       (C) If the director finds that the applicant is competent to 7888
apply pesticides and conduct diagnostic inspections and that the 7889
applicant has passed both the general examination and each 7890
applicable pesticide-use category examination as required under 7891
division (A) of section 921.12 of the Revised Code, the director 7892
shall issue a commercial applicator license limited to the 7893
pesticide-use category or categories for which the applicant is 7894
found to be competent. If the director rejects an application, the 7895
director may explain why the application was rejected, describe 7896
the additional requirements necessary for the applicant to obtain 7897
a license, and return the application. The applicant may resubmit 7898
the application without payment of any additional fee.7899

       (D)(1) A person who is a commercial applicator shall be 7900
deemed to hold a private applicator's license for purposes of 7901
applying pesticides on agricultural commodities that are produced 7902
by the commercial applicator.7903

       (2) A commercial applicator shall apply pesticides only in 7904
the pesticide-use category or categories in which the applicator 7905
is licensed under this chapter.7906

       (E) All money collected under this section shall be credited 7907
to the pesticide, fertilizer, and lime program fund created in 7908
section 921.22 of the Revised Code.7909

       Sec. 939.01.  As used in this chapter:7910

       (A) "Conservation" means the wise use and management of 7911
natural resources.7912

       (B) "Pollution abatement practice" means any residual farm 7913
products or manure pollution abatement facility, structure, or 7914
procedure and the operation and management associated with it as 7915
contained in nutrient management plans.7916

       (C) "Agricultural pollution" means failure to use management 7917
or conservation practices in farming operations to abate the 7918
degradation of the waters of the state by residual farm products 7919
or manure, including attached substances.7920

       (D) "Waters of the state" means all streams, lakes, ponds, 7921
wetlands, watercourses, waterways, wells, springs, irrigation 7922
systems, drainage systems, and all other bodies or accumulations 7923
of water, surface and underground, natural or artificial, 7924
regardless of the depth of the strata in which underground water 7925
is located, that are situated wholly or partly within, or border 7926
on, this state or are within its jurisdiction, except those 7927
private waters that do not combine or effect a junction with 7928
natural surface or underground waters.7929

       (E) "Nutrient management plan" means a written record, 7930
developed or approved by the director of agriculture, the 7931
director's designee, or the board of supervisors of a soil and 7932
water conservation district, for the owner or operator of 7933
agricultural land or an animal feeding operation that contains 7934
both of the following:7935

       (1) Implementation schedules and operational procedures for a 7936
level of management and pollution abatement practices that will 7937
abate the degradation of the waters of the state by residual farm 7938
products and manure, including attached pollutants;7939

       (2) Best management practices that are to be used by the 7940
owner or operator.7941

       (F) "Residual farm products" means bedding, wash waters, 7942
waste feed, and silage drainage. "Residual farm products" also 7943
includes the compost products resulting from the composting of 7944
dead animals in operations subject to section 939.04 of the 7945
Revised Code when either of the following applies:7946

       (1) The composting is conducted by the person who raises the 7947
animals and the compost product is used in agricultural operations 7948
owned or operated by that person regardless of whether the person 7949
owns the animals.7950

       (2) The composting is conducted by the person who owns the 7951
animals, but does not raise them and the compost product is used 7952
in agricultural operations either by a person who raises the 7953
animals or by a person who raises grain that is used to feed them 7954
and that is supplied by the owner of the animals.7955

       (G) "Composting" means the controlled decomposition of 7956
organic solid material consisting of dead animals that stabilizes 7957
the organic fraction of the material.7958

       (H) "Manure" means animal excreta.7959

       (I) "Animal feeding operation" means the production area, as 7960
defined in section 903.01 of the Revised Code, of an agricultural 7961
operation where agricultural animals are kept and raised in 7962
confined areas. "Animal feeding operation" does not include a 7963
facility that possesses a permit issued under Chapter 903. or 7964
division (J) of section 6111.03 of the Revised Code.7965

       (J) "Soil and water conservation district" has the same 7966
meaning as in section 1515.01 of the Revised Code.7967

       (K) "Ohio soil and water conservation commission" means the 7968
Ohio soil and water conservation commission established in section 7969
1515.02 of the Revised Code.7970

       (L) "Best management practices" means practices or a 7971
combination of practices that are determined to be the most 7972
effective and practicable means of preventing or reducing 7973
agricultural pollution sources to a level compatible with the 7974
attainment of applicable water quality standards. "Best management 7975
practices" includes structural and nonstructural practices, 7976
conservation practices, and operation and maintenance procedures.7977

       Sec. 939.02.  The director of agriculture shall do all of the 7978
following:7979

       (A) Administer this chapter and those provisions of Chapter 7980
1515. of the Revised Code pertaining to state responsibilities and 7981
provide staff assistance to the Ohio soil and water conservation 7982
commission in exercising its statutory responsibilities pertaining 7983
to agricultural pollution;7984

       (B) Coordinate the development and implementation of 7985
cooperative programs and working agreements between soil and water 7986
conservation districts and the department of agriculture or other 7987
agencies of local, state, and federal government;7988

       (C) Adopt rules in accordance with Chapter 119. of the 7989
Revised Code that do or comply with all of the following:7990

       (1) Establish technically feasible and economically 7991
reasonable standards to achieve a level of management and 7992
conservation practices in farming operations that will abate the 7993
degradation of the waters of the state by residual farm products 7994
or manure, including attached substances, and establish criteria 7995
for determination of the acceptability of such management and 7996
conservation practices;7997

       (2) Establish procedures for the administration of rules 7998
regarding agricultural pollution abatement and for enforcement of 7999
those rules;8000

       (3) Specify the agricultural pollution abatement practices 8001
eligible for state cost sharing and determine the conditions for 8002
eligibility, the construction standards and specifications, the 8003
useful life, the maintenance requirements, and the limits of cost 8004
sharing for those practices. Eligible practices shall be limited 8005
to practices that address agricultural operations and that require 8006
expenditures that are likely to exceed the economic returns to the 8007
owner or operator and that abate degradation of the waters of the 8008
state by residual farm products or manure, including attached 8009
pollutants.8010

       (4) Establish procedures for administering grants to owners 8011
or operators of agricultural land or animal feeding operations for 8012
the implementation of nutrient management plans;8013

       (5) Do both of the following with regard to composting 8014
conducted in conjunction with agricultural operations:8015

       (a) Establish methods, techniques, or practices for 8016
composting dead animals, or particular types of dead animals, that 8017
are to be used at such operations, as the director considers to be 8018
necessary or appropriate;8019

       (b) Establish requirements and procedures governing the 8020
review and approval or disapproval of composting plans by the 8021
supervisors of soil and water conservation districts under 8022
division (T) of section 1515.08 of the Revised Code.8023

       (6) Establish best management practices for inclusion in 8024
nutrient management plans;8025

       (7) Establish the amount of civil penalties assessed by the 8026
director under division (B) of section 939.09 of the Revised Code8027
for violation of rules adopted under division (C) of this section;8028

       (8) Be adopted after the director does all of the following:8029

       (a) Mails notice to each statewide organization that the 8030
director determines represents persons or local governmental 8031
agencies that would be affected by a proposed rule at least 8032
thirty-five days before any public hearing on the proposed rule;8033

       (b) Mails a copy of each proposed rule to any person who 8034
requests a copy within five days after receipt of the request;8035

       (c) Consults with appropriate state and local governmental 8036
agencies or their representatives, including statewide 8037
organizations of local governmental officials, industrial 8038
representatives, and other interested persons;8039

       (d) If the rule is adopted under division (C)(1) of this 8040
section, develops an economic impact statement concerning the 8041
effect of the proposed rule.8042

       (9) Not conflict with air or water quality standards adopted 8043
pursuant to section 3704.03 or 6111.041 of the Revised Code. 8044
Compliance with rules adopted under this section does not affect 8045
liability for noncompliance with air or water quality standards 8046
adopted pursuant to section 3704.03 or 6111.041 of the Revised 8047
Code.8048

       (D) Cost share with landowners on practices established in 8049
rules adopted under division (C)(3) of this section as moneys are 8050
appropriated and available for that purpose. A practice for which 8051
cost share is provided shall be maintained for its useful life. 8052
Failure to maintain a cost share practice for its useful life 8053
subjects the landowner to full repayment to the department.8054

       (E) Employ field assistants and other employees that are 8055
necessary for the performance of the work prescribed by Chapter 8056
1515. of the Revised Code pertaining to agricultural pollution, 8057
for performance of the work of the department under this chapter, 8058
and as agreed to in working agreements or contractual arrangements 8059
with soil and water conservation districts, prescribe their 8060
duties, and fix their compensation in accordance with schedules 8061
that are provided by law for the compensation of state employees. 8062
All such employees of the department, unless specifically exempted 8063
by law, shall be employed subject to the classified civil service 8064
laws in force at the time of employment.8065

       (F) When necessary for the purposes of this chapter or the 8066
provisions of Chapter 1515. of the Revised Code pertaining to 8067
agricultural pollution, develop or approve nutrient management 8068
plans. The director may designate an employee of the department to 8069
develop or approve nutrient management plans in lieu of the 8070
director.8071

       This section does not restrict the manure of domestic or farm 8072
animals defecated on land outside an animal feeding operation or 8073
runoff from that land into the waters of the state.8074

       Sec. 939.03.  (A) A person who owns or operates agricultural 8075
land or an animal feeding operation may develop and operate under 8076
a nutrient management plan approved by the director of agriculture 8077
or the director's designee under section 939.02 of the Revised 8078
Code or by the supervisors of the applicable soil and water 8079
conservation district under section 1515.08 of the Revised Code.8080

       (B) A person who wishes to make a complaint regarding 8081
nuisances involving agricultural pollution may do so orally or by 8082
submitting a written, signed, and dated complaint to the director 8083
or to the director's designee. After receiving an oral complaint, 8084
the director or the director's designee may cause an investigation 8085
to be conducted to determine whether agricultural pollution has 8086
occurred or is imminent. After receiving a written, signed, and 8087
dated complaint, the director or the director's designee shall 8088
cause such an investigation to be conducted.8089

       (C) In a private civil action for nuisances involving 8090
agricultural pollution, it is an affirmative defense if the person 8091
owning, operating, or otherwise responsible for agricultural land 8092
or an animal feeding operation is operating under and in 8093
substantial compliance with an approved nutrient management plan 8094
developed under division (A) of this section, with a nutrient 8095
management plan developed by the director or the director's 8096
designee under section 939.02 of the Revised Code or by the 8097
supervisors of the applicable soil and water conservation district 8098
under section 1515.08 of the Revised Code, or with a nutrient 8099
management plan required under division (A)(2) of section 939.09 8100
of the Revised Code. Nothing in this section is in derogation of 8101
the authority granted to the director in division (C) of section 8102
939.02 and in section 939.09 of the Revised Code.8103

       Sec. 1511.022.        Sec. 939.04.  (A) Any person who owns or operates an 8104
agricultural operation, or owns the animals raised by the owner or 8105
operator of an agricultural operation, and who wishes to conduct 8106
composting of dead animals resulting from the agricultural 8107
operation shall do both of the following:8108

       (1) Participate in an educational course concerning 8109
composting conducted by OSU extension and obtain a certificate of 8110
completion for the course;8111

       (2) Use the appropriate method, technique, or practice of 8112
composting established in rules adopted under division 8113
(E)(8)(C)(5) of section 1511.02939.02 of the Revised Code.8114

       (B) Any person who fails to comply with division (A) of this 8115
section shall prepare and operate under a composting plan in 8116
accordance with an order issuedrequired by the chief of the 8117
division of soil and water resourcesdirector of agriculture under 8118
division (G)(A)(2) of section 1511.02939.09 of the Revised Code. 8119
If the person's proposed composting plan is disapproved by the 8120
board of supervisors of the appropriate soil and water 8121
conservation district under division (Q)(T)(3) of section 1515.08 8122
of the Revised Code, the person may appeal the plan disapproval to 8123
the chiefdirector, who shall afford the person a hearing. 8124
Following the hearing, the chiefdirector shall uphold the plan 8125
disapproval or reverse it. If the chiefdirector reverses the 8126
disapproval, the plan shall be deemed approved.8127

       Sec. 939.05.  (A) Except as provided in division (B) of this 8128
section, the director of agriculture, an employee of the 8129
department of agriculture, the supervisors of a soil and water 8130
conservation district, an employee of a district, and a contractor 8131
of the department or a district shall not disclose either of the 8132
following:8133

       (1) Information, including data from geographic information 8134
systems and global positioning systems, provided by a person who 8135
owns or operates agricultural land or an animal feeding operation 8136
and operates under a nutrient management plan;8137

       (2) Information gathered as a result of an inspection of 8138
agricultural land or an animal feeding operation to determine 8139
whether the person who owns or operates the land or operation is 8140
in compliance with a nutrient management plan.8141

       (B) The director or the supervisors of a district may release 8142
or disclose information specified in division (A)(1) or (2) of 8143
this section to a person or a federal, state, or local agency 8144
working in cooperation with the director or the supervisors in the 8145
development of a nutrient management plan or an inspection to 8146
determine compliance with such a plan if the director or 8147
supervisors determine that the person or federal, state, or local 8148
agency will not subsequently disclose the information to another 8149
person.8150

       Sec. 939.06.  The director of agriculture may enter into 8151
contracts or agreements with an agency of the United States 8152
government, or any other public or private agency or organization, 8153
for the performance of the duties of the department of agriculture 8154
under this chapter or for accomplishing cooperative projects 8155
within the scope of those duties.8156

       Sec. 939.07.  The director of agriculture may accept 8157
donations, grants, and contributions in money, service, or 8158
equipment to enhance or expedite the work of the department of 8159
agriculture under this chapter.8160

       Sec. 939.08.  The director of agriculture, subject to 8161
approval of the terms of the agreement by the Ohio soil and water 8162
conservation commission, shall enter into cooperative agreements 8163
with the board of supervisors of a soil and water conservation 8164
district desiring to enter into those agreements pursuant to 8165
section 1515.08 of the Revised Code. The agreements shall be 8166
entered into to obtain compliance with rules of the director 8167
pertaining to agricultural pollution abatement.8168

       The director or a person designated by the director may enter 8169
at reasonable times on private or public property to inspect and 8170
investigate conditions relating to agricultural pollution of the 8171
waters of the state. Upon refusal of entry, the director or the 8172
director's designee may apply for and a judge of the court of 8173
common pleas of the county where the land is located may issue an 8174
appropriate inspection warrant as necessary to achieve the 8175
purposes of this chapter.8176

       Sec. 939.09. (A)(1) The director of agriculture may propose 8177
to require corrective actions and assess a civil penalty against 8178
an owner or operator of agricultural land or an animal feeding 8179
operation if the director or the director's designee determines 8180
that the owner or operator is doing one of the following:8181

        (a) Not complying with a standard established in rules 8182
adopted under division (C)(1) of section 939.02 of the Revised 8183
Code;8184

        (b) Not operating in accordance with an approved nutrient 8185
management plan that is developed under division (A) of section 8186
939.03 of the Revised Code, with a nutrient management plan 8187
developed by the director or the director's designee under section 8188
939.02 of the Revised Code or by the supervisors of the applicable 8189
soil and water conservation district under section 1515.08 of the 8190
Revised Code, or with a nutrient management plan required by the 8191
director under division (A)(2) of this section;8192

        (c) Not complying with a standard established in rules 8193
adopted under division (C)(5)(a) of section 939.02 of the Revised 8194
Code;8195

        (d) Not operating in accordance with a composting plan that 8196
is approved in accordance with rules adopted under division 8197
(C)(5)(b) of section 939.02 of the Revised Code or required by the 8198
director under division (A)(2) of this section.8199

        (2) The director may include in the corrective actions a 8200
requirement that an owner or operator do one of the following:8201

       (a) Operate under a nutrient management plan approved by the 8202
director or the director's designee under section 939.02 of the 8203
Revised Code;8204

       (b) If the owner or operator has failed to operate in 8205
accordance with an existing nutrient management plan, operate in 8206
accordance with that plan;8207

       (c) Prepare a composting plan in accordance with rules 8208
adopted under division (C)(5)(b) of section 939.02 of the Revised 8209
Code and operate in accordance with that plan;8210

       (d) If the owner or operator has failed to operate in 8211
accordance with an existing composting plan, operate in accordance 8212
with that plan.8213

        (3) The director may impose a civil penalty only if all of 8214
the following occur: 8215

       (a) The owner or operator is notified in writing of the 8216
deficiencies resulting in noncompliance, the actions that the 8217
owner or operator must take to correct the deficiencies, and the 8218
time period within which the owner or operator must correct the 8219
deficiencies and attain compliance. 8220

       (b) After the time period specified in the notice has 8221
elapsed, the director or the director's designee has inspected the 8222
agricultural land or animal feeding operation, determined that the 8223
owner or operator is still not in compliance, and issued a notice 8224
of an adjudication hearing.8225

       (c) The director affords the owner or operator an opportunity 8226
for an adjudication hearing under Chapter 119. of the Revised Code 8227
to challenge the director's determination that the owner or 8228
operator is not in compliance or the imposition of the civil 8229
penalty, or both. However, the owner or operator may waive the 8230
right to an adjudication hearing.8231

       (4) If the opportunity for an adjudication hearing is waived 8232
or if, after an adjudication hearing, the director determines that 8233
noncompliance has occurred or is occurring, the director may issue 8234
an order requiring compliance and assess the civil penalty. The 8235
order and the assessment of the civil penalty may be appealed in 8236
accordance with section 119.12 of the Revised Code. 8237

       (5) A person who has violated rules adopted under division 8238
(C) of section 939.02 of the Revised Code shall pay a civil 8239
penalty in an amount established in rules adopted under that 8240
section.8241

       (B) The attorney general, upon the written request of the 8242
director, shall bring an action for an injunction in any court of 8243
competent jurisdiction against any person violating or threatening 8244
to violate rules adopted under division (C) of section 939.02 of 8245
the Revised Code or an order issued under division (A)(4) of this 8246
section.8247

       (C)(1) In lieu of seeking civil penalties under division (A) 8248
of this section, the director may request the attorney general, in 8249
writing, to bring an action for a civil penalty in a court of 8250
competent jurisdiction against any person that has violated or is 8251
violating a rule adopted under division (C) of section 939.02 of 8252
the Revised Code. 8253

       (2) A person who has committed a violation for which the 8254
attorney general may bring an action for a civil penalty under 8255
division (C)(1) of this section shall pay a civil penalty of not 8256
more than ten thousand dollars per violation. Each day that a 8257
violation continues constitutes a separate violation. 8258

       (D) In addition to any other penalties imposed under this 8259
section, the director may impose an administrative penalty against 8260
an owner or operator of agricultural land or an animal feeding 8261
operation if the director or the director's designee determines 8262
that the owner or operator is not in compliance with best 8263
management practices that are established in rules adopted under 8264
division (C) of section 939.02 of the Revised Code. The 8265
administrative penalty shall not exceed five thousand dollars.8266

        The director shall afford the owner or operator an 8267
opportunity for an adjudication hearing under Chapter 119. of the 8268
Revised Code to challenge the director's determination under this 8269
division, the director's imposition of an administrative penalty 8270
under this division, or both. The director's determination and the 8271
imposition of the administrative penalty may be appealed in 8272
accordance with section 119.12 of the Revised Code.8273

       (E) Notwithstanding any other provision in this section, if 8274
the director determines that an emergency exists requiring 8275
immediate action to protect the public health or safety or the 8276
environment, the director may issue an order, without notice or 8277
adjudication hearing, stating the existence of the emergency and 8278
requiring that action be taken that is necessary to meet the 8279
emergency. The order shall take effect immediately. A person to 8280
whom the order is directed shall comply immediately, but on 8281
application to the director shall be afforded an adjudication 8282
hearing in accordance with Chapter 119. of the Revised Code as 8283
soon as possible and not later than thirty days after application. 8284
On the basis of the hearing, the director shall continue the order 8285
in effect, revoke it, or modify it. The director's order is 8286
appealable in accordance with section 119.12 of the Revised Code. 8287
No emergency order shall remain in effect for more than one 8288
hundred twenty days after its issuance.8289

       (F) A person that is responsible for causing or allowing the 8290
unauthorized spill, release, or discharge of manure or residual 8291
farm products that requires emergency action to protect public 8292
health or safety or the environment is liable to the director for 8293
the costs incurred in investigating, mitigating, minimizing, 8294
removing, or abating the spill, release, or discharge. Upon 8295
request of the director, the attorney general shall bring a civil 8296
action against the responsible person or persons to recover those 8297
costs.8298

       (G) Money recovered under division (F) of this section and 8299
money collected from civil penalties under this section shall be 8300
paid into the state treasury to the credit of the agricultural 8301
pollution abatement fund created in section 939.11 of the Revised 8302
Code.8303

       (H) As used in this section, "noncompliance" means doing one 8304
of the actions specified in division (A)(1) of this section.8305

       Sec. 939.10.  A person claiming to be deprived of a right or 8306
protection afforded the person by law by an action of the director 8307
of agriculture under this chapter, except the adoption of a rule, 8308
may appeal to the court of common pleas of Franklin county or the 8309
court of common pleas of the county in which the alleged violation 8310
exists.8311

       If the court finds that the action of the director appealed 8312
from was lawful and reasonable, it shall affirm the action. If the 8313
court finds that the action was unreasonable or unlawful, it shall 8314
vacate the action and order the action to be taken that it finds 8315
the director should have taken. The judgment of the court is final 8316
unless reversed, vacated, or modified on appeal.8317

       Sec. 939.11.  There is hereby created in the state treasury 8318
the agricultural pollution abatement fund, which shall be 8319
administered by the director of agriculture. The fund may be used 8320
to pay costs incurred by the department of agriculture under 8321
division (F) of section 939.09 of the Revised Code in 8322
investigating, mitigating, minimizing, removing, or abating any 8323
pollution of the waters of the state caused by agricultural 8324
pollution or an unauthorized release, spill, or discharge of 8325
manure or residual farm products into or on the environment that 8326
requires emergency action to protect the public health.8327

       Sec. 941.14.  (A) The owner shall burn the body of an animal 8328
that has died of, or been destroyed because of, a dangerously 8329
infectious or contagious disease, bury it not less than four feet 8330
under the surface of the ground, dissolve it by alkaline 8331
hydrolysis, remove it in a watertight tank to a rendering 8332
establishment, or otherwise dispose of it in accordance with 8333
section 939.04 or 953.26 or 1511.022 of the Revised Code within 8334
twenty-four hours after knowledge thereof or after notice in 8335
writing from the department of agriculture.8336

       (B) The owner of premises that contain a dead animal shall 8337
burn the body of the animal, bury it not less than four feet 8338
beneath the surface of the ground, dissolve it by alkaline 8339
hydrolysis, remove it in a watertight tank to a rendering 8340
establishment, or otherwise dispose of it in accordance with 8341
section 939.04 or 953.26 or 1511.022 of the Revised Code within a 8342
reasonable time after knowledge thereof or after notice in writing 8343
from the department or from the township trustees of the township 8344
in which the owner's premises are located.8345

       (C) Notwithstanding division (A) or (B) of this section, the 8346
director of agriculture, in written notice sent to the owner of a 8347
dead animal, may require the owner to employ a specific method of 8348
disposition of the body, including burning, burying, rendering, 8349
composting, or alkaline hydrolysis, when that method does not 8350
conflict with any law or rule governing the disposal of infectious 8351
wastes and, in the director's judgment, is necessary for purposes 8352
of animal disease control. No person shall fail to employ the 8353
method of disposition required under this division.8354

       (D) The director, in written notice sent to the owner of a 8355
dead animal, may prohibit the owner from transporting the body of 8356
the dead animal on any street or highway if that prohibition does 8357
not conflict with any law or rule governing the transportation of 8358
infectious wastes and, in the director's judgment, is necessary 8359
for purposes of animal disease control. No person shall fail to 8360
comply with a prohibition issued under this division.8361

       (E) As used in this section, "infectious wastes" has the same 8362
meaning as in section 3734.01 of the Revised Code, and "street" or 8363
"highway" has the same meaning as in section 4511.01 of the 8364
Revised Code.8365

       Sec. 953.22.  (A) No person shall engage in the business of 8366
disposing of, picking up, rendering, or collecting raw rendering 8367
material or transporting the material to a composting facility 8368
without a license to do so from the department of agriculture.8369

       (B) This chapter does not apply to any of the following:8370

       (1) A farmer who slaughters the farmer's own animals, raised 8371
by the farmer on the farmer's own farm, processes the farmer's own 8372
meat therefrom, and disposes of the farmer's raw rendering 8373
material only by delivery to a person licensed under section 8374
953.23 of the Revised Code;8375

       (2) A person whose only connection with raw rendering 8376
material is curing hides and skins;8377

       (3) A person whose only connection with raw rendering 8378
material is operating a pet cemetery;8379

       (4) A person who is conducting composting, as defined in 8380
section 1511.01939.01 of the Revised Code, in accordance with 8381
section 1511.022939.04 of the Revised Code;8382

       (5) A person whose only connection with raw rendering 8383
material is trapping wild animals in accordance with a nuisance 8384
wild animal permit issued by the chief of the division of wildlife 8385
in the department of natural resources under rules adopted 8386
pursuant to section 1531.08 of the Revised Code;8387

       (6) A county dog warden or animal control officer who 8388
transports raw rendering material only for disposal purposes.8389

       Sec. 1321.535. (A) Each applicant for a mortgage loan 8390
originator license shall submit to a written test that is 8391
developed and approved by the nationwide mortgage licensing system 8392
and registry and administered by a test provider approved by the 8393
nationwide mortgage licensing system and registry based upon 8394
reasonable standards.8395

       (1)(A) The test shall adequately measure the applicant's 8396
knowledge and comprehension in appropriate subject matters, 8397
including ethics and federal and state law related to mortgage 8398
origination, fraud, consumer protection, the nontraditional 8399
mortgage marketplace, and fair lending issues.8400

       (2)(B) An individual shall not be considered to have passed 8401
the test unless the individual achieves a test score ofanswers at 8402
least seventy-five per cent correct answers on allof the8403
questions and at least seventy-five per cent correct answers on 8404
all questions relating to Ohio mortgage lending laws and the Ohio 8405
consumer sales practices act, Chapter 1345. of the Revised Code, 8406
as it applies to registrants and licenseescorrectly.8407

       (3)(C) An individual may retake the test three consecutive 8408
times provided the period between taking the tests is at least 8409
thirty days.8410

       (4)(D) After failing three consecutive tests, an individual 8411
shall be required to wait at least six months before taking the 8412
test again.8413

       (5)(E) If a mortgage loan originator fails to maintain a 8414
valid license for a period of five years or longer, the individual 8415
shall be required to retake the test. For this purpose, any time 8416
during which the individual is a registered mortgage loan 8417
originator shall not be taken into account.8418

       (B) Notwithstanding division (A) of this section, if the 8419
nationwide mortgage licensing system and registry fails to have in 8420
place a testing process that meets the criteria set forth in that 8421
division, the superintendent shall require, until that process is 8422
in place, evidence that the mortgage loan originator applicant 8423
passed a written test acceptable to the superintendent.8424

       Sec. 1321.55.  (A) Every registrant shall keep records 8425
pertaining to loans made under sections 1321.51 to 1321.60 of the 8426
Revised Code. Such records shall be segregated from records 8427
pertaining to transactions that are not subject to these sections 8428
of the Revised Code. Every registrant shall preserve records 8429
pertaining to loans made under sections 1321.51 to 1321.60 of the 8430
Revised Code for at least two years after making the final entry 8431
on such records. Accounting systems maintained in whole or in part 8432
by mechanical or electronic data processing methods that provide 8433
information equivalent to that otherwise required are acceptable 8434
for this purpose. At least once each eighteen-month cycle, the 8435
division of financial institutions shall make or cause to be made 8436
an examination of records pertaining to loans made under sections 8437
1321.51 to 1321.60 of the Revised Code, for the purpose of 8438
determining whether the registrant is complying with these 8439
sections and of verifying the registrant's annual report.8440

       (B)(1) As required by the superintendent of financial 8441
institutions, each registrant shall file with the division each 8442
year aan annual report under oath or affirmation, on forms 8443
supplied by the division, concerning the business and operations 8444
for the preceding calendar year. Whenever a registrant operates 8445
two or more registered offices or whenever two or more affiliated 8446
registrants operate registered offices, then a composite report of 8447
the group of registered offices may be filed in lieu of individual 8448
reports. For purposes of compliance with this requirement, the 8449
superintendent may accept call reports or other reports of 8450
condition submitted to the nationwide mortgage licensing system 8451
and registry in lieu of the annual report.8452

       (2) The divisionsuperintendent shall publish annually an 8453
analysis of the information required under divisiondivisions8454
(B)(1) and (3) of this section, but the individual reports, 8455
whether filed with the superintendent or the nationwide mortgage 8456
licensing system and registry, shall not be public records and 8457
shall not be open to public inspection.8458

       (3) Each mortgage licensee shall submit to the nationwide 8459
mortgage licensing system and registry call reports or other 8460
reports of condition, which shall be in such form and shall 8461
contain such information as the nationwide mortgage licensing 8462
system and registry may require.8463

       (C)(1) The following information is confidential:8464

       (a) Examination information, and any information leading to 8465
or arising from an examination;8466

       (b) Investigation information, and any information arising 8467
from or leading to an investigation.8468

       (2) The information described in division (C)(1) of this 8469
section shall remain confidential for all purposes except when it 8470
is necessary for the superintendent to take official action 8471
regarding the affairs of a registrant or licensee, or in 8472
connection with criminal or civil proceedings to be initiated by a 8473
prosecuting attorney or the attorney general. This information may 8474
also be introduced into evidence or disclosed when and in the 8475
manner authorized by section 1181.25 of the Revised Code.8476

       (D) All application information, except social security 8477
numbers, employer identification numbers, financial account 8478
numbers, the identity of the institution where financial accounts 8479
are maintained, personal financial information, fingerprint cards 8480
and the information contained on such cards, and criminal 8481
background information, is a public record as defined in section 8482
149.43 of the Revised Code.8483

       (E) This section does not prevent the division of financial 8484
institutions from releasing to or exchanging with other financial 8485
institution regulatory authorities information relating to 8486
registrants and licensees. For this purpose, a "financial 8487
institution regulatory authority" includes a regulator of a 8488
business activity in which a registrant or licensee is engaged, or 8489
has applied to engage in, to the extent that the regulator has 8490
jurisdiction over a registrant or licensee engaged in that 8491
business activity. A registrant or licensee is engaged in a 8492
business activity, and a regulator of that business activity has 8493
jurisdiction over the registrant or licensee, whether the 8494
registrant or licensee conducts the activity directly or a 8495
subsidiary or affiliate of the registrant or licensee conducts the 8496
activity. 8497

       (1) Any confidentiality or privilege arising under federal or 8498
state law with respect to any information or material provided to 8499
the nationwide mortgage licensing system and registry shall 8500
continue to apply to the information or material after the 8501
information or material has been provided to the nationwide 8502
mortgage licensing system and registry. The information and 8503
material so provided may be shared with all state and federal 8504
regulatory officials with mortgage industry oversight authority 8505
without the loss of confidentiality or privilege protections 8506
provided by federal law or the law of any state. Information or 8507
material described in division (E)(1) of this section to which 8508
confidentiality or privilege applies shall not be subject to any 8509
of the following: 8510

       (a) Disclosure under any federal or state law governing 8511
disclosure to the public of information held by an officer or an 8512
agency of the federal government or of the respective state; 8513

       (b) Subpoena or discovery, or admission into evidence, in any 8514
private civil action or administrative process, unless the person 8515
to whom such information or material pertains waives, in whole or 8516
in part and at the discretion of the person, any privilege held by 8517
the nationwide mortgage licensing system and registry with respect 8518
to that information or material.8519

       (2) The superintendent, in order to promote more effective 8520
regulation and reduce regulatory burden through supervisory 8521
information sharing, may enter into sharing arrangements with 8522
other governmental agencies, the conference of state bank 8523
supervisors, and the American association of residential mortgage 8524
regulators. 8525

       (3) Any state law, including section 149.43 of the Revised 8526
Code, relating to the disclosure of confidential supervisory 8527
information or any information or material described in division 8528
(C)(1) or (E)(1) of this section that is inconsistent with this 8529
section shall be superseded by the requirements of this section.8530

       (F) This section shall not apply with respect to information 8531
or material relating to the employment history of, and publicly 8532
adjudicated disciplinary and enforcement actions against, mortgage 8533
loan originators that is included in the nationwide mortgage 8534
licensing system and registry for access by the public.8535

       (G) This section does not prevent the division from releasing 8536
information relating to registrants and licensees to the attorney 8537
general, to the superintendent of real estate and professional 8538
licensing for purposes relating to the administration of Chapters 8539
4735. and 4763. of the Revised Code, to the superintendent of 8540
insurance for purposes relating to the administration of Chapter 8541
3953. of the Revised Code, to the commissioner of securities for 8542
purposes relating to the administration of Chapter 1707. of the 8543
Revised Code, or to local law enforcement agencies and local 8544
prosecutors. Information the division releases pursuant to this 8545
section remains confidential.8546

       (H) The superintendent of financial institutions shall, by 8547
rule adopted in accordance with Chapter 119. of the Revised Code, 8548
establish a process by which mortgage loan originators may 8549
challenge information provided to the nationwide mortgage 8550
licensing system and registry by the superintendent. 8551

       (I) No person, in connection with any examination or 8552
investigation conducted by the superintendent under sections 8553
1321.51 to 1321.60 of the Revised Code, shall knowingly do any of 8554
the following:8555

       (1) Circumvent, interfere with, obstruct, or fail to 8556
cooperate, including making a false or misleading statement, 8557
failing to produce records, or intimidating or suborning any 8558
witness;8559

       (2) Withhold, abstract, remove, mutilate, destroy, or secrete 8560
any books, records, computer records, or other information; 8561

       (3) Tamper with, alter, or manufacture any evidence.8562

       Sec. 1322.03.  (A) An application for a certificate of 8563
registration as a mortgage broker shall be in writing, under oath, 8564
and in the form prescribed by the superintendent of financial 8565
institutions. The application shall be accompanied by a 8566
nonrefundable application fee of five hundred dollars for each 8567
location of an office to be maintained by the applicant in 8568
accordance with division (A) of section 1322.02 of the Revised 8569
Code and any additional fee required by the nationwide mortgage 8570
licensing system and registry. The application shall provide all 8571
of the following:8572

       (1) The location or locations where the business is to be 8573
transacted and whether any location is a residence. If any 8574
location where the business is to be transacted is a residence, 8575
the superintendent may require that the application be accompanied 8576
by a copy of a zoning permit authorizing the use of the residence 8577
for commercial purposes, or by a written opinion or other document 8578
issued by the county or political subdivision where the residence 8579
is located certifying that the use of the residence to transact 8580
business as a mortgage broker is not prohibited by the county or 8581
political subdivision. 8582

       (2)(a) In the case of a sole proprietor, the name and address 8583
of the sole proprietor;8584

       (b) In the case of a partnership, the name and address of 8585
each partner;8586

       (c) In the case of a corporation, the name and address of 8587
each shareholder owning five per cent or more of the corporation;8588

       (d) In the case of any other entity, the name and address of 8589
any person that owns five per cent or more of the entity that will 8590
transact business as a mortgage broker.8591

       (3) Each applicant shall designate an employee or owner of 8592
the applicant as the applicant's operations manager. While acting 8593
as the operations manager, the employee or owner shall be licensed 8594
as a loan originator under sections 1322.01 to 1322.12 of the 8595
Revised Code and shall not be employed by any other mortgage 8596
broker.8597

       (4) Evidence that the person designated on the application 8598
pursuant to division (A)(3) of this section possesses at least 8599
three years of experience in the residential mortgage and lending 8600
field, which experience may include employment with or as a 8601
mortgage broker or with a depository institution, mortgage lending 8602
institution, or other lending institution, or possesses at least 8603
three years of other experience related specifically to the 8604
business of residential mortgage loans that the superintendent 8605
determines meets the requirements of division (A)(4) of this 8606
section;8607

       (5) Evidence that the person designated on the application 8608
pursuant to division (A)(3) of this section has successfully 8609
completed the pre-licensing instruction requirements set forth in 8610
section 1322.031 of the Revised Code;8611

       (6) Evidence of compliance with the surety bond requirements 8612
of section 1322.05 of the Revised Code and with sections 1322.01 8613
to 1322.12 of the Revised Code;8614

       (7) In the case of a foreign business entity, evidence that 8615
it maintains a license or registration pursuant to Chapter 1703., 8616
1705., 1775., 1776., 1777., 1782., or 1783. of the Revised Code to 8617
transact business in this state;8618

       (8) Evidence that the applicant's operations manager has 8619
successfully completed the written test required under division 8620
(A) ofby section 1322.051 of the Revised Code;8621

       (9) Any further information that the superintendent requires.8622

       (B) Upon the filing of the application and payment of the 8623
nonrefundable application fee and any fee required by the 8624
nationwide mortgage licensing system and registry, the 8625
superintendent of financial institutions shall investigate the 8626
applicant, and any individual whose identity is required to be 8627
disclosed in the application, as set forth in division (B) of this 8628
section.8629

       (1)(a) Notwithstanding division (K) of section 121.08 of the 8630
Revised Code, the superintendent shall obtain a criminal history 8631
records check and, as part of that records check, request that 8632
criminal record information from the federal bureau of 8633
investigation be obtained. To fulfill this requirement, the 8634
superintendent shall do either of the following:8635

       (i) Request the superintendent of the bureau of criminal 8636
identification and investigation, or a vendor approved by the 8637
bureau, to conduct a criminal records check based on the 8638
applicant's fingerprints or, if the fingerprints are unreadable, 8639
based on the applicant's social security number, in accordance 8640
with division (A)(12) of section 109.572 of the Revised Code;8641

       (ii) Authorize the nationwide mortgage licensing system and 8642
registry to request a criminal history background check. 8643

       (b) Any fee required under division (C)(3) of section 109.572 8644
of the Revised Code or by the nationwide mortgage licensing system 8645
and registry shall be paid by the applicant.8646

       (2) The superintendent shall conduct a civil records check. 8647

       (3) If, in order to issue a certificate of registration to an 8648
applicant, additional investigation by the superintendent outside 8649
this state is necessary, the superintendent may require the 8650
applicant to advance sufficient funds to pay the actual expenses 8651
of the investigation, if it appears that these expenses will 8652
exceed five hundred dollars. The superintendent shall provide the 8653
applicant with an itemized statement of the actual expenses that 8654
the applicant is required to pay.8655

       (C) The superintendent shall pay all funds advanced and 8656
application and renewal fees and penalties the superintendent 8657
receives pursuant to this section and section 1322.04 of the 8658
Revised Code to the treasurer of state to the credit of the 8659
consumer finance fund created in section 1321.21 of the Revised 8660
Code.8661

       (D) If an application for a mortgage broker certificate of 8662
registration does not contain all of the information required 8663
under division (A) of this section, and if that information is not 8664
submitted to the superintendent or to the nationwide mortgage 8665
licensing system and registry within ninety days after the 8666
superintendent or the nationwide mortgage licensing system and 8667
registry requests the information in writing, including by 8668
electronic transmission or facsimile, the superintendent may 8669
consider the application withdrawn.8670

       (E) A mortgage broker certificate of registration and the 8671
authority granted under that certificate is not transferable or 8672
assignable and cannot be franchised by contract or any other 8673
means.8674

       (F) The registration requirements of this chapter apply to 8675
any person acting as a mortgage broker, and no person is exempt 8676
from the requirements of this chapter on the basis of prior work 8677
or employment as a mortgage broker.8678

       (G) The superintendent may establish relationships or enter 8679
into contracts with the nationwide mortgage licensing system and 8680
registry, or any entities designated by it, to collect and 8681
maintain records and process transaction fees or other fees 8682
related to mortgage broker certificates of registration or the 8683
persons associated with a mortgage broker.8684

       Sec. 1322.031. (A) An application for a license as a loan 8685
originator shall be in writing, under oath, and in the form 8686
prescribed by the superintendent of financial institutions. The 8687
application shall be accompanied by a nonrefundable application 8688
fee of one hundred fifty dollars and any additional fee required 8689
by the nationwide mortgage licensing system and registry.8690

       (B)(1) The application shall provide evidence, acceptable to 8691
the superintendent, that the applicant has successfully completed 8692
at least twenty-four hours of pre-licensing instruction consisting 8693
of all of the following:8694

       (a) Twenty hours of instruction in a course or program of 8695
study reviewed and approved by the nationwide mortgage licensing 8696
system and registry;8697

       (b) Four hours of instruction in a course or program of study 8698
reviewed and approved by the superintendent concerning state 8699
lending laws and the Ohio consumer sales practices act, Chapter 8700
1345. of the Revised Code, as it applies to registrants and 8701
licensees.8702

       (2) Notwithstanding division (B)(1) of this section, until 8703
the nationwide mortgage licensing system and registry implements a 8704
review and approval program, the application shall provide 8705
evidence, as determined by the superintendent, that the applicant 8706
has successfully completed at least twenty-four hours of 8707
instruction in a course or program of study approved by the 8708
superintendent that consists of at least all of the following:8709

       (a) Four hours of instruction concerning state and federal 8710
mortgage lending laws, which shall include no less than two hours 8711
on this chapter;8712

       (b) Four hours of instruction concerning the Ohio consumer 8713
sales practices act, Chapter 1345. of the Revised Code, as it 8714
applies to registrants and licensees;8715

       (c) Four hours of instruction concerning the loan application 8716
process;8717

       (d) Two hours of instruction concerning the underwriting 8718
process;8719

       (e) Two hours of instruction concerning the secondary market 8720
for mortgage loans;8721

       (f) Four hours of instruction concerning the loan closing 8722
process;8723

       (g) Two hours of instruction covering basic mortgage 8724
financing concepts and terms;8725

       (h) Two hours of instruction concerning the ethical 8726
responsibilities of a registrant and a licensee, including with 8727
respect to confidentiality, consumer counseling, and the duties 8728
and standards of care created in section 1322.081 of the Revised 8729
Code.8730

       (3) For purposes of division (B)(1)(a) of this section, the 8731
review and approval of a course or program of study includes the 8732
review and approval of the provider of the course or program of 8733
study.8734

       (4) If an applicant held a valid loan originator license 8735
issued by this state at any time during the immediately preceding 8736
five-year period, the applicant shall not be required to complete 8737
any additional pre-licensing instruction. For this purpose, any 8738
time during which the individual is a registered loan originator 8739
shall not be taken into account.8740

       (5) A person having successfully completed the pre-licensing 8741
education requirement reviewed and approved by the nationwide 8742
mortgage licensing system and registry for any state within the 8743
previous five years shall be granted credit toward completion of 8744
the pre-licensing education requirement of this state.8745

       (C) In addition to the information required under division 8746
(B) of this section, the application shall provide both of the 8747
following:8748

       (1) Evidence that the applicant passed a written test that 8749
meets the requirements described in division (B) of section 8750
1322.051 of the Revised Code;8751

       (2) Any further information that the superintendent requires.8752

       (D) Upon the filing of the application and payment of the 8753
application fee and any fee required by the nationwide mortgage 8754
licensing system and registry, the superintendent of financial 8755
institutions shall investigate the applicant as set forth in 8756
division (D) of this section. 8757

        (1)(a) Notwithstanding division (K) of section 121.08 of the 8758
Revised Code, the superintendent shall obtain a criminal history 8759
records check and, as part of the records check, request that 8760
criminal record information from the federal bureau of 8761
investigation be obtained. To fulfill this requirement, the 8762
superintendent shall do either of the following:8763

       (i) Request the superintendent of the bureau of criminal 8764
identification and investigation, or a vendor approved by the 8765
bureau, to conduct a criminal records check based on the 8766
applicant's fingerprints or, if the fingerprints are unreadable, 8767
based on the applicant's social security number, in accordance 8768
with division (A)(12) of section 109.572 of the Revised Code;8769

       (ii) Authorize the nationwide mortgage licensing system and 8770
registry to request a criminal history background check. 8771

       (b) Any fee required under division (C)(3) of section 109.572 8772
of the Revised Code or by the nationwide mortgage licensing system 8773
and registry shall be paid by the applicant.8774

       (2) The superintendent shall conduct a civil records check. 8775

       (3) If, in order to issue a license to an applicant, 8776
additional investigation by the superintendent outside this state 8777
is necessary, the superintendent may require the applicant to 8778
advance sufficient funds to pay the actual expenses of the 8779
investigation, if it appears that these expenses will exceed one 8780
hundred fifty dollars. The superintendent shall provide the 8781
applicant with an itemized statement of the actual expenses that 8782
the applicant is required to pay.8783

       (E)(1) In connection with applying for a loan originator 8784
license, the applicant shall furnish to the nationwide mortgage 8785
licensing system and registry the following information concerning 8786
the applicant's identity:8787

       (a) The applicant's fingerprints for submission to the 8788
federal bureau of investigation, and any other governmental agency 8789
or entity authorized to receive such information, for purposes of 8790
a state, national, and international criminal history background 8791
check;8792

       (b) Personal history and experience in a form prescribed by 8793
the nationwide mortgage licensing system and registry, along with 8794
authorization for the superintendent and the nationwide mortgage 8795
licensing system and registry to obtain the following:8796

       (i) An independent credit report from a consumer reporting 8797
agency;8798

       (ii) Information related to any administrative, civil, or 8799
criminal findings by any governmental jurisdiction. 8800

       (2) In order to effectuate the purposes of divisions 8801
(E)(1)(a) and (E)(1)(b)(ii) of this section, the superintendent 8802
may use the conference of state bank supervisors, or a wholly 8803
owned subsidiary, as a channeling agent for requesting information 8804
from and distributing information to the United States department 8805
of justice or any other governmental agency. The superintendent 8806
may also use the nationwide mortgage licensing system and registry 8807
as a channeling agent for requesting information from and 8808
distributing information to any source related to matters subject 8809
to those divisions of this section.8810

        (F) The superintendent shall pay all funds advanced and 8811
application and renewal fees and penalties the superintendent 8812
receives pursuant to this section and section 1322.041 of the 8813
Revised Code to the treasurer of state to the credit of the 8814
consumer finance fund created in section 1321.21 of the Revised 8815
Code.8816

       (G) If an application for a loan originator license does not 8817
contain all of the information required under this section, and if 8818
that information is not submitted to the superintendent or to the 8819
nationwide mortgage licensing system and registry within ninety 8820
days after the superintendent or the nationwide mortgage licensing 8821
system and registry requests the information in writing, including 8822
by electronic transmission or facsimile, the superintendent may 8823
consider the application withdrawn.8824

       (H)(1) The business of a loan originator shall principally be 8825
transacted at an office of the mortgage broker with whom the 8826
licensee is employed or associated, which office is registered in 8827
accordance with division (A) of section 1322.02 of the Revised 8828
Code. Each original loan originator license shall be deposited 8829
with and maintained by the mortgage broker at the mortgage 8830
broker's main office. A copy of the license shall be maintained 8831
and displayed at the office where the loan originator principally 8832
transacts business.8833

       (2) If a loan originator's employment or association is 8834
terminated for any reason, the mortgage broker shall return the 8835
original loan originator license to the superintendent within five 8836
business days after the termination. The licensee may request the 8837
transfer of the license to another mortgage broker by submitting a 8838
transfer application, along with a fifteen dollar fee and any fee 8839
required by the national mortgage licensing system and registry, 8840
to the superintendent or may request the superintendent in writing 8841
to hold the license in escrow. Any licensee whose license is held 8842
in escrow shall cease activity as a loan originator. A licensee 8843
whose license is held in escrow shall be required to apply for 8844
renewal annually and to comply with the annual continuing 8845
education requirement.8846

       (3) A mortgage broker may employ or be associated with a loan 8847
originator on a temporary basis pending the transfer of the loan 8848
originator's license to the mortgage broker, if the mortgage 8849
broker receives written confirmation from the superintendent that 8850
the loan originator is licensed under sections 1322.01 to 1322.12 8851
of the Revised Code.8852

       (4) Notwithstanding divisions (H)(1) to (3) of this section, 8853
if a licensee is employed by or associated with a person or entity 8854
listed in division (G)(2) of section 1322.01 of the Revised Code, 8855
all of the following apply:8856

       (a) The licensee shall maintain and display the original loan 8857
originator license at the office where the licensee principally 8858
transacts business;8859

       (b) If the loan originator's employment or association is 8860
terminated, the loan originator shall return the original loan 8861
originator license to the superintendent within five business days 8862
after termination. The licensee may request the transfer of the 8863
license to a mortgage broker or another person or entity listed in 8864
division (G)(2) of section 1322.01 of the Revised Code by 8865
submitting a transfer application, along with a fifteen-dollar fee 8866
and any fee required by the national mortgage licensing system and 8867
registry, to the superintendent or may request the superintendent 8868
in writing to hold the license in escrow. A licensee whose license 8869
is held in escrow shall cease activity as a loan originator. A 8870
licensee whose license is held in escrow shall be required to 8871
apply for renewal annually and to comply with the annual 8872
continuing education requirement.8873

       (c) The licensee may seek to be employed or associated with a 8874
mortgage broker or person or entity listed in division (G)(2) of 8875
section 1322.01 of the Revised Code if the mortgage broker or 8876
person or entity receives written confirmation from the 8877
superintendent that the loan originator is licensed under sections 8878
1322.01 to 1322.12 of the Revised Code.8879

       (I) The superintendent may establish relationships or enter 8880
into contracts with the nationwide mortgage licensing system and 8881
registry, or any entities designated by it, to collect and 8882
maintain records and process transaction fees or other fees 8883
related to loan originator licenses or the persons associated with 8884
a licensee.8885

        (J) A loan originator license, or the authority granted under 8886
that license, is not assignable and cannot be franchised by 8887
contract or any other means.8888

       Sec. 1322.04.  (A) Upon the conclusion of the investigation 8889
required under division (B) of section 1322.03 of the Revised 8890
Code, the superintendent of financial institutions shall issue a 8891
certificate of registration to the applicant if the superintendent 8892
finds that the following conditions are met:8893

       (1) The application is accompanied by the application fee and 8894
any fee required by the nationwide mortgage licensing system and 8895
registry. 8896

        (a) If a check or other draft instrument is returned to the 8897
superintendent for insufficient funds, the superintendent shall 8898
notify the applicant by certified mail, return receipt requested, 8899
that the application will be withdrawn unless the applicant, 8900
within thirty days after receipt of the notice, submits the 8901
application fee and a one-hundred-dollar penalty to the 8902
superintendent. If the applicant does not submit the application 8903
fee and penalty within that time period, or if any check or other 8904
draft instrument used to pay the fee or penalty is returned to the 8905
superintendent for insufficient funds, the application shall be 8906
withdrawn.8907

        (b) If a check or other draft instrument is returned to the 8908
superintendent for insufficient funds after the certificate of 8909
registration has been issued, the superintendent shall notify the 8910
registrant by certified mail, return receipt requested, that the 8911
certificate of registration issued in reliance on the check or 8912
other draft instrument will be canceled unless the registrant, 8913
within thirty days after receipt of the notice, submits the 8914
application fee and a one-hundred-dollar penalty to the 8915
superintendent. If the registrant does not submit the application 8916
fee and penalty within that time period, or if any check or other 8917
draft instrument used to pay the fee or penalty is returned to the 8918
superintendent for insufficient funds, the certificate of 8919
registration shall be canceled immediately without a hearing, and 8920
the registrant shall cease activity as a mortgage broker.8921

       (2) If the application is for a location that is a residence, 8922
evidence that the use of the residence to transact business as a 8923
mortgage broker is not prohibited.8924

       (3) The person designated on the application pursuant to 8925
division (A)(3) of section 1322.03 of the Revised Code meets the 8926
experience requirements provided in division (A)(4) of section 8927
1322.03 of the Revised Code and the education requirements set 8928
forth in division (A)(5) of section 1322.03 of the Revised Code.8929

       (4) The applicant maintains all necessary filings and 8930
approvals required by the secretary of state.8931

       (5) The applicant complies with the surety bond requirements 8932
of section 1322.05 of the Revised Code.8933

       (6) The applicant complies with sections 1322.01 to 1322.12 8934
of the Revised Code and the rules adopted thereunder.8935

       (7) Neither the applicant nor any person whose identity is 8936
required to be disclosed on an application for a mortgage broker 8937
certificate of registration has had a mortgage broker certificate 8938
of registration or loan originator license, or any comparable 8939
authority, revoked in any governmental jurisdiction or has pleaded 8940
guilty or nolo contendere to or been convicted of any of the 8941
following in a domestic, foreign, or military court:8942

       (a) During the seven-year period immediately preceding the 8943
date of application for the certificate of registration, a 8944
misdemeanor involving theft or any felony;8945

       (b) At any time prior to the date the application for the 8946
certificate of registration is approved, a felony involving an act 8947
of fraud, dishonesty, a breach of trust, theft, or money 8948
laundering.8949

       (8) Based on the totality of the circumstances and 8950
information submitted in the application, the applicant has proven 8951
to the superintendent, by a preponderance of the evidence, that 8952
the applicant is of good business repute, appears qualified to act 8953
as a mortgage broker, has fully complied with sections 1322.01 to 8954
1322.12 of the Revised Code and the rules adopted thereunder, and 8955
meets all of the conditions for issuing a mortgage broker 8956
certificate of registration.8957

       (9) The applicant's operations manager successfully completed 8958
the examination required under division (A) ofby section 1322.051 8959
of the Revised Code.8960

       (10) The applicant's financial responsibility, experience, 8961
character, and general fitness command the confidence of the 8962
public and warrant the belief that the business will be operated 8963
honestly and fairly in compliance with the purposes of sections 8964
1322.01 to 1322.12 of the Revised Code and the rules adopted 8965
thereunder. The superintendent shall not use a credit score as the 8966
sole basis for registration denial.8967

       (B) For purposes of determining whether an applicant that is 8968
a partnership, corporation, or other business entity or 8969
association has met the conditions set forth in divisions (A)(7), 8970
(A)(8), and (A)(10) of this section, the superintendent shall 8971
determine which partners, shareholders, or persons named in the 8972
application pursuant to division (A)(2) of section 1322.03 of the 8973
Revised Code must meet the conditions set forth in divisions 8974
(A)(7), (A)(8), and (A)(10) of this section. This determination 8975
shall be based on the extent and nature of the partner's, 8976
shareholder's, or person's ownership interest in the partnership, 8977
corporation, or other business entity or association that is the 8978
applicant and on whether the person is in a position to direct, 8979
control, or adversely influence the operations of the applicant.8980

       (C) The certificate of registration issued pursuant to 8981
division (A) of this section may be renewed annually on or before 8982
the thirty-first day of December if the superintendent finds that 8983
all of the following conditions are met:8984

       (1) The renewal application is accompanied by a nonrefundable 8985
renewal fee of five hundred dollars for each location of an office 8986
to be maintained by the applicant in accordance with division (A) 8987
of section 1322.02 of the Revised Code and any fee required by the 8988
nationwide mortgage licensing system and registry. If a check or 8989
other draft instrument is returned to the superintendent for 8990
insufficient funds, the superintendent shall notify the registrant 8991
by certified mail, return receipt requested, that the certificate 8992
of registration renewed in reliance on the check or other draft 8993
instrument will be canceled unless the registrant, within thirty 8994
days after receipt of the notice, submits the renewal fee and a 8995
one-hundred-dollar penalty to the superintendent. If the 8996
registrant does not submit the renewal fee and penalty within that 8997
time period, or if any check or other draft instrument used to pay 8998
the fee or penalty is returned to the superintendent for 8999
insufficient funds, the certificate of registration shall be 9000
canceled immediately without a hearing and the registrant shall 9001
cease activity as a mortgage broker.9002

       (2) The operations manager designated under division (A)(3) 9003
of section 1322.03 of the Revised Code has completed, at least 9004
eight hours of continuing education as required under section 9005
1322.052 of the Revised Code.9006

       (3) The applicant meets the conditions set forth in divisions 9007
(A)(2) to (10) of this section.9008

       (4) The applicant's mortgage broker certificate of 9009
registration is not subject to an order of suspension or an unpaid 9010
and past due fine imposed by the superintendent.9011

       (D)(1) Subject to division (D)(2) of this section, if a 9012
renewal fee or additional fee required by the nationwide mortgage 9013
licensing system and registry is received by the superintendent 9014
after the thirty-first day of December, the mortgage broker 9015
certificate of registration shall not be considered renewed, and 9016
the applicant shall cease activity as a mortgage broker.9017

       (2) Division (D)(1) of this section shall not apply if the 9018
applicant, no later than the thirty-first day of January, submits 9019
the renewal fee or additional fee and a one-hundred-dollar penalty 9020
to the superintendent.9021

       (E) If the person designated as the operations manager 9022
pursuant to division (A)(3) of section 1322.03 of the Revised Code 9023
is no longer the operations manager, the registrant shall do all 9024
of the following:9025

       (1) Within ninety days after the departure of the designated 9026
operations manager, designate another person as the operations 9027
manager;9028

       (2) Within ten days after the designation described in 9029
division (E)(1) of this section, notify the superintendent in 9030
writing of the designation;9031

       (3) Submit any additional information that the superintendent 9032
requires to establish that the newly designated operations manager 9033
complies with the requirements set forth in section 1322.03 of the 9034
Revised Code.9035

       (F) The registrant shall cease operations if it is without an 9036
operations manager approved by the superintendent for more than 9037
one hundred eighty days unless otherwise authorized in writing by 9038
the superintendent due to exigent circumstances.9039

       (G) Mortgage broker certificates of registration issued on or 9040
after May 1, 2010, annually expire on the thirty-first day of 9041
December.9042

       Sec. 1322.041. (A) Upon the conclusion of the investigation 9043
required under division (D) of section 1322.031 of the Revised 9044
Code, the superintendent of financial institutions shall issue a 9045
loan originator license to the applicant if the superintendent 9046
finds that the following conditions are met:9047

       (1) The application is accompanied by the application fee and 9048
any fee required by the nationwide mortgage licensing system and 9049
registry. 9050

       (a) If a check or other draft instrument is returned to the 9051
superintendent for insufficient funds, the superintendent shall 9052
notify the applicant by certified mail, return receipt requested, 9053
that the application will be withdrawn unless the applicant, 9054
within thirty days after receipt of the notice, submits the 9055
application fee and a one-hundred-dollar penalty to the 9056
superintendent. If the applicant does not submit the application 9057
fee and penalty within that time period, or if any check or other 9058
draft instrument used to pay the fee or penalty is returned to the 9059
superintendent for insufficient funds, the application shall be 9060
withdrawn.9061

        (b) If a check or other draft instrument is returned to the 9062
superintendent for insufficient funds after the license has been 9063
issued, the superintendent shall notify the licensee by certified 9064
mail, return receipt requested, that the license issued in 9065
reliance on the check or other draft instrument will be canceled 9066
unless the licensee, within thirty days after receipt of the 9067
notice, submits the application fee and a one-hundred-dollar 9068
penalty to the superintendent. If the licensee does not submit the 9069
application fee and penalty within that time period, or if any 9070
check or other draft instrument used to pay the fee or penalty is 9071
returned to the superintendent for insufficient funds, the license 9072
shall be canceled immediately without a hearing, and the licensee 9073
shall cease activity as a loan originator.9074

       (2) The applicant complies with sections 1322.01 to 1322.12 9075
of the Revised Code and the rules adopted thereunder.9076

       (3) The applicant has not been convicted of or pleaded guilty 9077
or nolo contendere to any of the following in a domestic, foreign, 9078
or military court:9079

       (a) During the seven-year period immediately preceding the 9080
date of application for the license, a misdemeanor involving theft 9081
or any felony; 9082

       (b) At any time prior to the date the application for the 9083
license is approved, a felony involving an act of fraud, 9084
dishonesty, a breach of trust, theft, or money laundering.9085

       (4) Based on the totality of the circumstances and 9086
information submitted in the application, the applicant has proven 9087
to the superintendent, by a preponderance of the evidence, that 9088
the applicant is of good business repute, appears qualified to act 9089
as a loan originator, has fully complied with sections 1322.01 to 9090
1322.12 of the Revised Code and the rules adopted thereunder, and 9091
meets all of the conditions for issuing a loan originator license.9092

       (5) The applicant successfully completed the written test 9093
required under division (B) ofby section 1322.051 of the Revised 9094
Code and completed the prelicensing instruction set forth in 9095
division (B) of section 1322.031 of the Revised Code.9096

       (6) The applicant's financial responsibility, character, and 9097
general fitness command the confidence of the public and warrant 9098
the belief that the business will be operated honestly and fairly 9099
in compliance with the purposes of sections 1322.01 to 1322.12 of 9100
the Revised Code. The superintendent shall not use a credit score 9101
as the sole basis for a license denial.9102

       (7) The applicant is in compliance with the surety bond 9103
requirements of section 1322.05 of the Revised Code.9104

       (8) The applicant has not had a loan originator license, or 9105
comparable authority, revoked in any governmental jurisdiction.9106

       (B) The license issued under division (A) of this section may 9107
be renewed annually on or before the thirty-first day of December 9108
if the superintendent finds that all of the following conditions 9109
are met:9110

       (1) The renewal application is accompanied by a nonrefundable 9111
renewal fee of one hundred fifty dollars and any fee required by 9112
the nationwide mortgage licensing system and registry. If a check 9113
or other draft instrument is returned to the superintendent for 9114
insufficient funds, the superintendent shall notify the licensee 9115
by certified mail, return receipt requested, that the license 9116
renewed in reliance on the check or other draft instrument will be 9117
canceled unless the licensee, within thirty days after receipt of 9118
the notice, submits the renewal fee and a one-hundred-dollar 9119
penalty to the superintendent. If the licensee does not submit the 9120
renewal fee and penalty within that time period, or if any check 9121
or other draft instrument used to pay the fee or penalty is 9122
returned to the superintendent for insufficient funds, the license 9123
shall be canceled immediately without a hearing, and the licensee 9124
shall cease activity as a loan originator.9125

       (2) The applicant has completed at least eight hours of 9126
continuing education as required under section 1322.052 of the 9127
Revised Code.9128

       (3) The applicant meets the conditions set forth in divisions 9129
(A)(2) to (8) of this section; provided, however, that an 9130
applicant who was issued a loan officer license prior to January 9131
1, 2010, and has continuously maintained that license shall not be 9132
required to meet the condition described in division (B)(1)(b) of 9133
section 1322.031 of the Revised Code.9134

       (4) The applicant's license is not subject to an order of 9135
suspension or an unpaid and past due fine imposed by the 9136
superintendent.9137

       (C)(1) Subject to division (C)(2) of this section, if a 9138
license renewal application or renewal fee, including any fee 9139
required by the nationwide mortgage licensing system and registry, 9140
is received by the superintendent after the thirty-first day of 9141
December, the license shall not be considered renewed, and the 9142
applicant shall cease activity as a loan originator.9143

       (2) Division (C)(1) of this section shall not apply if the 9144
applicant, no later than the thirty-first day of January, submits 9145
the renewal application and fees and a one-hundred-dollar penalty 9146
to the superintendent.9147

       (D) Loan originator licenses issued on or after May 1, 2010, 9148
annually expire on the thirty-first day of December.9149

       Sec. 1322.051. (A) Each person designated under division 9150
(A)(3) of section 1322.03 of the Revised Code to act as operations 9151
manager for a mortgage broker business shall submit to a written 9152
test approved by the superintendent of financial institutions. An 9153
individual shall not be considered to have passed the written test 9154
unless the individual achieves a test score of at least 9155
seventy-five per cent correct answers to all questions.9156

       (B) Eachand each applicant for a loan originator license 9157
shall submit to a written test that is developed and approved by 9158
the nationwide mortgage licensing system and registry and 9159
administered by a test provider approved by the nationwide 9160
mortgage licensing system and registry based on reasonable 9161
standards.9162

       (1)(A) The test shall adequately measure the designee's or9163
applicant's knowledge and comprehension in appropriate subject 9164
areas, including ethics, federal and state law related to mortgage 9165
origination, fraud, consumer protection, and the nontraditional 9166
mortgage marketplace, and fair lending issues.9167

       (2)(B) An individual shall not be considered to have passed 9168
the written test unless the individual achieves a test score of9169
answers at least seventy-five per cent correct answers on allof 9170
the questions and at least seventy-five per cent correct answers 9171
on all questions relating to state mortgage lending laws and the 9172
Ohio consumer sales practices act, Chapter 1345. of the Revised 9173
Code, as it applies to registrants and licenseescorrectly.9174

       (3)(C) An individual may retake the test three consecutive 9175
times provided the period between taking the tests is at least 9176
thirty days. If an individual fails three consecutive tests, the 9177
individual shall be required to wait at least six months before 9178
taking the test again.9179

       (4)(D) If a loan originator fails to maintain a valid loan 9180
originator license for a period of five years or longer, the 9181
individual shall be required to retake the test.9182

       For this purpose, any time during which the individual is a 9183
registered loan originator shall not be taken into account.9184

       (C) Notwithstanding division (B) of this section, until the 9185
nationwide mortgage licensing system and registry implements a 9186
testing process that meets the criteria set forth in that 9187
division, the superintendent shall require each applicant to pass 9188
a written test acceptable to the superintendent.9189

       Sec. 1322.06.  (A) As often as the superintendent of 9190
financial institutions considers it necessary, the superintendent 9191
may examine the registrant's or licensee's records, including all 9192
records created or processed by a licensee, pertaining to business 9193
transacted pursuant to sections 1322.01 to 1322.12 of the Revised 9194
Code.9195

       (B) A registrant or licensee shall maintain records 9196
pertaining to business transacted pursuant to sections 1322.01 to 9197
1322.12 of the Revised Code, including copies of all mortgage loan 9198
origination disclosure statements prepared in accordance with 9199
section 1322.062 of the Revised Code, for four years. For purposes 9200
of this division, "registrant or licensee" includes any person 9201
whose certificate of registration or license is cancelled, 9202
surrendered, or revoked or who otherwise ceases to engage in 9203
business as a mortgage broker or loan originator.9204

       No registrant or licensee shall fail to comply with this 9205
division.9206

       (C) Each registrant and licensee shall submit to the 9207
nationwide mortgage licensing system and registry call reports or 9208
other reports of condition, which reports shall be in such form 9209
and shall contain such information as the nationwide mortgage 9210
licensing system and registry may require.9211

       (D)(1) As required by the superintendent, each registrant 9212
shall file with the division of financial institutions an annual 9213
report under oath or affirmation, on forms supplied by the 9214
division, concerning the business and operations of the registrant 9215
for the preceding calendar year. If a registrant operates two or 9216
more registered offices, or two or more affiliated registrants 9217
operate registered offices, a composite report of the group of 9218
registered offices may be filed in lieu of individual reports. For 9219
purposes of compliance with this requirement, the superintendent 9220
may accept call reports or other reports of condition submitted to 9221
the nationwide mortgage licensing system and registry in lieu of 9222
the annual report.9223

       (2) The divisionsuperintendent shall publish annually an 9224
analysis of the information required under division (D)(1) of this 9225
section, but the individual reports, whether filed with the 9226
superintendent or the nationwide mortgage licensing system and 9227
registry, shall not be public records and shall not be open to 9228
public inspection or otherwise be subject to section 149.43 of the 9229
Revised Code.9230

       Sec. 1501.01. (A) Except where otherwise expressly provided, 9231
the director of natural resources shall formulate and institute 9232
all the policies and programs of the department of natural 9233
resources. The chief of any division of the department shall not 9234
enter into any contract, agreement, or understanding unless it is 9235
approved by the director. No appointee or employee of the 9236
director, other than the assistant director, may bind the director 9237
in a contract except when given general or special authority to do 9238
so by the director.9239

       The director may enter into contracts or agreements with any 9240
agency of the United States government, any other public agency, 9241
or any private entity or organization for the performance of the 9242
duties of the department.9243

       (B) The director shall correlate and coordinate the work and 9244
activities of the divisions in the department to eliminate 9245
unnecessary duplications of effort and overlapping of functions. 9246
The chiefs of the various divisions of the department shall meet 9247
with the director at least once each month at a time and place 9248
designated by the director.9249

       The director may create advisory boards to any of those 9250
divisions in conformity with section 121.13 of the Revised Code.9251

       (C) The director may accept and expend gifts, devises, and 9252
bequests of money, lands, and other properties on behalf of the 9253
department or any division thereof under the terms set forth in 9254
section 9.20 of the Revised Code. Any political subdivision of 9255
this state may make contributions to the department for the use of 9256
the department or any division therein according to the terms of 9257
the contribution.9258

       (D) The director may publish and sell or otherwise distribute 9259
data, reports, and information.9260

       (E) The director may identify and develop the geographic 9261
information system needs for the department, which may include, 9262
but not be limited to, all of the following:9263

       (1) Assisting in the training and education of department 9264
resource managers, administrators, and other staff in the 9265
application and use of geographic information system technology;9266

       (2) Providing technical support to the department in the 9267
design, preparation of data, and use of appropriate geographic 9268
information system applications in order to help solve resource 9269
related problems and to improve the effectiveness and efficiency 9270
of department delivered services;9271

       (3) Creating, maintaining, and documenting spatial digital 9272
data bases;9273

       (4) Providing information to and otherwise assisting 9274
government officials, planners, and resource managers in 9275
understanding land use planning and resource management;9276

       (5) Providing continuing assistance to local government 9277
officials and others in natural resource digital data base 9278
development and in applying and utilizing the geographic 9279
information system for land use planning, current agricultural use 9280
value assessment, development reviews, coastal management, and 9281
other resource management activities;9282

       (6) Coordinating and administering the remote sensing needs 9283
of the department, including the collection and analysis of aerial 9284
photography, satellite data, and other data pertaining to land, 9285
water, and other resources of the state;9286

       (7) Preparing and publishing maps and digital data relating 9287
to the state's land use and land cover over time on a local, 9288
regional, and statewide basis;9289

       (8) Locating and distributing hard copy maps, digital data, 9290
aerial photography, and other resource data and information to 9291
government agencies and the public;9292

       (9) Preparing special studies and executing any other related 9293
duties, functions, and responsibilities identified by the 9294
director;9295

       (10) Entering into contracts or agreements with any agency of 9296
the United States government, any other public agency, or any 9297
private agency or organization for the performance of the duties 9298
specified in division (E) of this section or for accomplishing 9299
cooperative projects within those duties;9300

       (11) Entering into agreements with local government agencies 9301
for the purposes of land use inventories, Ohio capability analysis 9302
data layers, and other duties related to resource management.9303

       (F) The director shall adopt rules in accordance with Chapter 9304
119. of the Revised Code to permit the department to accept by 9305
means of a credit card the payment of fees, charges, and rentals 9306
at those facilities described in section 1501.07 of the Revised 9307
Code that are operated by the department, for any data, reports, 9308
or information sold by the department, and for any other goods or 9309
services provided by the department.9310

       (G) Whenever authorized by the governor to do so, the 9311
director may appropriate property for the uses and purposes 9312
authorized to be performed by the department and on behalf of any 9313
division within the department. This authority shall be exercised 9314
in the manner provided in sections 163.01 to 163.22 of the Revised 9315
Code for the appropriation of property by the director of 9316
administrative services. This authority to appropriate property is 9317
in addition to the authority provided by law for the appropriation 9318
of property by divisions of the department. The director of 9319
natural resources also may acquire by purchase, lease, or 9320
otherwise such real and personal property rights or privileges in 9321
the name of the state as are necessary for the purposes of the 9322
department or any division therein. The director, with the 9323
approval of the governor and the attorney general, in accordance 9324
with section 5301.13 of the Revised Code, if applicable, may sell, 9325
lease, or exchange portions of lands or property, real or 9326
personal, of any division of the department or grant easements or 9327
licenses for the use thereof, or enter into agreements for the 9328
sale of water from lands and waters under the administration or 9329
care of the department or any of its divisions, when the sale, 9330
lease, exchange, easement, agreement, or license for use is in an 9331
amount that is less than one million dollars and is advantageous 9332
to the state, provided that such approval is not required for 9333
leases and contracts made under section 1501.07, 1501.09, or 9334
1520.03 or Chapter 1523. of the Revised Code. With the approval of 9335
the governor, the director, in accordance with section 5301.13 of 9336
the Revised Code, if applicable, may sell, lease, or exchange 9337
portions of, grant easements or licenses for the use of, or enter 9338
into agreements for the sale of such lands, property, or waters in 9339
an amount of one million dollars or more when the sale, lease, 9340
exchange, easement, agreement, or license is advantageous to the 9341
state. Water may be sold from a reservoir only to the extent that 9342
the reservoir was designed to yield a supply of water for a 9343
purpose other than recreation or wildlife, and the water sold is 9344
in excess of that needed to maintain the reservoir for purposes of 9345
recreation or wildlife.9346

       Money received from such sales, leases, easements, exchanges, 9347
agreements, or licenses for use, except revenues required to be 9348
set aside or paid into depositories or trust funds for the payment 9349
of bonds issued under sections 1501.12 to 1501.15 of the Revised 9350
Code, and to maintain the required reserves therefor as provided 9351
in the orders authorizing the issuance of such bonds or the trust 9352
agreements securing such bonds, revenues required to be paid and 9353
credited pursuant to the bond proceeding applicable to obligations 9354
issued pursuant to section 154.22, and revenues generated under 9355
section 1520.05 of the Revised Code, shall be deposited in the 9356
state treasury to the credit of the fund of the division of the 9357
department having prior jurisdiction over the lands or property. 9358
If no such fund exists, the money shall be credited to the general 9359
revenue fund. All such money received from lands or properties 9360
administered by the division of wildlife shall be credited to the 9361
wildlife fund.9362

       (H) The director shall provide for the custody, safekeeping, 9363
and deposit of all moneys, checks, and drafts received by the 9364
department or its employees prior to paying them to the treasurer 9365
of state under section 113.08 of the Revised Code.9366

       (I) The director shall cooperate with the nature conservancy, 9367
other nonprofit organizations, and the United States fish and 9368
wildlife service in order to secure protection of islands in the 9369
Ohio river and the wildlife and wildlife habitat of those islands.9370

       (J) Any instrument by which real property is acquired 9371
pursuant to this section shall identify the agency of the state 9372
that has the use and benefit of the real property as specified in 9373
section 5301.012 of the Revised Code.9374

       Sec. 1501.011. (A) Except as provided in divisions (B), (C), 9375
and (D) of this section, the Ohio facilities construction 9376
commission shall supervise the design and construction of, and 9377
make contracts for the construction, reconstruction, improvement, 9378
enlargement, alteration, repair, or decoration of, any projects or 9379
improvements for the department of natural resources that may be 9380
authorized by legislative appropriations or any other funds 9381
available therefor, the estimated cost of which amounts to two 9382
hundred thousand dollars or more or the amount determined pursuant 9383
to section 153.53 of the Revised Code or more.9384

       (B) The department of natural resources shall administer the 9385
construction of improvements under an agreement with the 9386
supervisors of a soil and water conservation district pursuant to 9387
division (I) of section 1515.08 of the Revised Code.9388

       (C)(1) The department of natural resources shall supervise 9389
the design and construction of, and make contracts for the 9390
construction, reconstruction, improvement, enlargement, 9391
alteration, repair, or decoration of, any of the following 9392
activities, projects, or improvements:9393

       (a) Dam repairs administered by the division of engineering 9394
under Chapter 1507. of the Revised Code;9395

       (b) Projects or improvements administered by the division of 9396
watercraft and funded through the waterways safety fund 9397
established in section 1547.75 of the Revised Code;9398

       (c) Projects or improvements administered by the division of 9399
wildlife under Chapter 1531. or 1533. of the Revised Code;9400

       (d) Activities conducted by the department pursuant to 9401
section 5511.05 of the Revised Code in order to maintain the 9402
department's roadway inventory.9403

       (2) If a contract to be let under division (C)(1) of this 9404
section involves an exigency that concerns the public health, 9405
safety, or welfare or addresses an emergency situation in which 9406
timeliness is crucial in preventing the cost of the contract from 9407
increasing significantly, pursuant to the declaration of a public 9408
exigency, the department may award the contract without 9409
competitive bidding or selection as otherwise required by Chapter 9410
153. of the Revised Code.9411

       A notice published by the department of natural resources 9412
regarding an activity, project, or improvement shall be published 9413
as contemplated in section 7.16 of the Revised Code.9414

       (D) The executive director of the Ohio facilities 9415
construction commission may authorize the department of natural 9416
resources to administer any other project or improvement, the 9417
estimated cost of which, including design fees, construction, 9418
equipment, and contingency amounts, is not more than one million 9419
five hundred thousand dollars.9420

       Sec. 1509.01.  As used in this chapter:9421

       (A) "Well" means any borehole, whether drilled or bored, 9422
within the state for production, extraction, or injection of any 9423
gas or liquid mineral, excluding potable water to be used as such, 9424
but including natural or artificial brines and oil field waters.9425

       (B) "Oil" means crude petroleum oil and all other 9426
hydrocarbons, regardless of gravity, that are produced in liquid 9427
form by ordinary production methods, but does not include 9428
hydrocarbons that were originally in a gaseous phase in the 9429
reservoir.9430

       (C) "Gas" means all natural gas and all other fluid 9431
hydrocarbons that are not oil, including condensate.9432

       (D) "Condensate" means liquid hydrocarbons separated at or 9433
near the well pad or along the gas production or gathering system 9434
prior to gas processing.9435

       (E) "Pool" means an underground reservoir containing a common 9436
accumulation of oil or gas, or both, but does not include a gas 9437
storage reservoir. Each zone of a geological structure that is 9438
completely separated from any other zone in the same structure may 9439
contain a separate pool.9440

       (F) "Field" means the general area underlaid by one or more 9441
pools.9442

       (G) "Drilling unit" means the minimum acreage on which one 9443
well may be drilled, but does not apply to a well for injecting 9444
gas into or removing gas from a gas storage reservoir.9445

       (H) "Waste" includes all of the following:9446

       (1) Physical waste, as that term generally is understood in 9447
the oil and gas industry;9448

       (2) Inefficient, excessive, or improper use, or the 9449
unnecessary dissipation, of reservoir energy;9450

       (3) Inefficient storing of oil or gas;9451

       (4) Locating, drilling, equipping, operating, or producing an 9452
oil or gas well in a manner that reduces or tends to reduce the 9453
quantity of oil or gas ultimately recoverable under prudent and 9454
proper operations from the pool into which it is drilled or that 9455
causes or tends to cause unnecessary or excessive surface loss or 9456
destruction of oil or gas;9457

       (5) Other underground or surface waste in the production or 9458
storage of oil, gas, or condensate, however caused.9459

       (I) "Correlative rights" means the reasonable opportunity to 9460
every person entitled thereto to recover and receive the oil and 9461
gas in and under the person's tract or tracts, or the equivalent 9462
thereof, without having to drill unnecessary wells or incur other 9463
unnecessary expense.9464

       (J) "Tract" means a single, individually taxedindividual9465
parcel of land appearing on the tax listor a portion of a 9466
single, individual parcel of land.9467

       (K) "Owner," unless referring to a mine, means the person who 9468
has the right to drill on a tract or drilling unit, to drill into 9469
and produce from a pool, and to appropriate the oil or gas 9470
produced therefrom either for the person or for others, except 9471
that a person ceases to be an owner with respect to a well when 9472
the well has been plugged in accordance with applicable rules 9473
adopted and orders issued under this chapter. "Owner" does not 9474
include a person who obtains a lease of the mineral rights for oil 9475
and gas on a parcel of land if the person does not attempt to 9476
produce or produce oil or gas from a well or obtain a permit under 9477
this chapter for a well or if the entire interest of a well is 9478
transferred to the person in accordance with division (B) of 9479
section 1509.31 of the Revised Code.9480

       (L) "Royalty interest" means the fee holder's share in the 9481
production from a well.9482

       (M) "Discovery well" means the first well capable of 9483
producing oil or gas in commercial quantities from a pool.9484

       (N) "Prepared clay" means a clay that is plastic and is 9485
thoroughly saturated with fresh water to a weight and consistency 9486
great enough to settle through saltwater in the well in which it 9487
is to be used, except as otherwise approved by the chief of the 9488
division of oil and gas resources management.9489

       (O) "Rock sediment" means the combined cutting and residue 9490
from drilling sedimentary rocks and formation.9491

       (P) "Excavations and workings," "mine," and "pillar" have the 9492
same meanings as in section 1561.01 of the Revised Code.9493

       (Q) "Coal bearing township" means a township designated as 9494
such by the chief of the division of mineral resources management 9495
under section 1561.06 of the Revised Code.9496

       (R) "Gas storage reservoir" means a continuous area of a 9497
subterranean porous sand or rock stratum or strata into which gas 9498
is or may be injected for the purpose of storing it therein and 9499
removing it therefrom and includes a gas storage reservoir as 9500
defined in section 1571.01 of the Revised Code.9501

       (S) "Safe Drinking Water Act" means the "Safe Drinking Water 9502
Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as amended by the 9503
"Safe Drinking Water Amendments of 1977," 91 Stat. 1393, 42 9504
U.S.C.A. 300(f), the "Safe Drinking Water Act Amendments of 1986," 9505
100 Stat. 642, 42 U.S.C.A. 300(f), and the "Safe Drinking Water 9506
Act Amendments of 1996," 110 Stat. 1613, 42 U.S.C.A. 300(f), and 9507
regulations adopted under those acts.9508

       (T) "Person" includes any political subdivision, department, 9509
agency, or instrumentality of this state; the United States and 9510
any department, agency, or instrumentality thereof; and any legal 9511
entity defined as a person under section 1.59 of the Revised Code.9512

       (U) "Brine" means all saline geological formation water 9513
resulting from, obtained from, or produced in connection with 9514
exploration, drilling, well stimulation, production of oil or gas, 9515
or plugging of a well.9516

       (V) "Waters of the state" means all streams, lakes, ponds, 9517
marshes, watercourses, waterways, springs, irrigation systems, 9518
drainage systems, and other bodies of water, surface or 9519
underground, natural or artificial, that are situated wholly or 9520
partially within this state or within its jurisdiction, except 9521
those private waters that do not combine or effect a junction with 9522
natural surface or underground waters.9523

       (W) "Exempt Mississippian well" means a well that meets all 9524
of the following criteria:9525

       (1) Was drilled and completed before January 1, 1980;9526

       (2) Is located in an unglaciated part of the state;9527

       (3) Was completed in a reservoir no deeper than the 9528
Mississippian Big Injun sandstone in areas underlain by 9529
Pennsylvanian or Permian stratigraphy, or the Mississippian Berea 9530
sandstone in areas directly underlain by Permian stratigraphy;9531

       (4) Is used primarily to provide oil or gas for domestic use.9532

       (X) "Exempt domestic well" means a well that meets all of the 9533
following criteria:9534

       (1) Is owned by the owner of the surface estate of the tract 9535
on which the well is located;9536

       (2) Is used primarily to provide gas for the owner's domestic 9537
use;9538

       (3) Is located more than two hundred feet horizontal distance 9539
from any inhabited private dwelling house other than an inhabited 9540
private dwelling house located on the tract on which the well is 9541
located;9542

       (4) Is located more than two hundred feet horizontal distance 9543
from any public building that may be used as a place of resort, 9544
assembly, education, entertainment, lodging, trade, manufacture, 9545
repair, storage, traffic, or occupancy by the public.9546

       (Y) "Urbanized area" means an area where a well or production 9547
facilities of a well are located within a municipal corporation or 9548
within a township that has an unincorporated population of more 9549
than five thousand in the most recent federal decennial census 9550
prior to the issuance of the permit for the well or production 9551
facilities.9552

       (Z) "Well stimulation" or "stimulation of a well" means the 9553
process of enhancing well productivity, including hydraulic 9554
fracturing operations.9555

       (AA) "Production operation" means all operations and 9556
activities and all related equipment, facilities, and other 9557
structures that may be used in or associated with the exploration 9558
and production of oil, gas, or other mineral resources that are 9559
regulated under this chapter, including operations and activities 9560
associated with site preparation, site construction, access road 9561
construction, well drilling, well completion, well stimulation, 9562
well site activities, reclamation, and plugging. "Production 9563
operation" also includes all of the following:9564

       (1) The piping, equipment, and facilities used for the 9565
production and preparation of hydrocarbon gas or liquids for 9566
transportation or delivery;9567

       (2) The processes of extraction and recovery, lifting, 9568
stabilization, treatment, separation, production processing, 9569
storage, waste disposal, and measurement of hydrocarbon gas and 9570
liquids, including related equipment and facilities;9571

       (3) The processes and related equipment and facilities 9572
associated with production compression, gas lift, gas injection, 9573
fuel gas supply, well drilling, well stimulation, and well 9574
completion activities, including dikes, pits, and earthen and 9575
other impoundments used for the temporary storage of fluids and 9576
waste substances associated with well drilling, well stimulation, 9577
and well completion activities;9578

       (4) Equipment and facilities at a wellpad or other location 9579
that are used for the transportation, handling, recycling, 9580
temporary storage, management, processing, or treatment of any 9581
equipment, material, and by-products or other substances from an 9582
operation at a wellpad that may be used or reused at the same or 9583
another operation at a wellpad or that will be disposed of in 9584
accordance with applicable laws and rules adopted under them.9585

       (BB) "Annular overpressurization" means the accumulation of 9586
fluids within an annulus with sufficient pressure to allow 9587
migration of annular fluids into underground sources of drinking 9588
water.9589

       (CC) "Idle and orphaned well" means a well for which a bond 9590
has been forfeited or an abandoned well for which no money is 9591
available to plug the well in accordance with this chapter and 9592
rules adopted under it.9593

       (DD) "Temporarily inactive well" means a well that has been 9594
granted temporary inactive status under section 1509.062 of the 9595
Revised Code.9596

       (EE) "Material and substantial violation" means any of the 9597
following:9598

       (1) Failure to obtain a permit to drill, reopen, convert, 9599
plugback, or plug a well under this chapter;9600

       (2) Failure to obtain, maintain, update, or submit proof of 9601
insurance coverage that is required under this chapter;9602

       (3) Failure to obtain, maintain, update, or submit proof of a 9603
surety bond that is required under this chapter;9604

       (4) Failure to plug an abandoned well or idle and orphaned 9605
well unless the well has been granted temporary inactive status 9606
under section 1509.062 of the Revised Code or the chief of the 9607
division of oil and gas resources management has approved another 9608
option concerning the abandoned well or idle and orphaned well;9609

       (5) Failure to restore a disturbed land surface as required 9610
by section 1509.072 of the Revised Code;9611

       (6) Failure to reimburse the oil and gas well fund pursuant 9612
to a final order issued under section 1509.071 of the Revised 9613
Code;9614

       (7) Failure to comply with a final nonappealable order of the 9615
chief issued under section 1509.04 of the Revised Code;9616

       (8) Failure to submit a report, test result, fee, or document 9617
that is required in this chapter or rules adopted under it;9618

       (9) Failure to correct the violations identified in a 9619
compliance notice within sixty days after the issuance of the 9620
compliance notice unless another period of time is specified in 9621
the compliance notice;9622

       (10) Receiving compliance notices for the same or similar 9623
violations of this chapter or rules adopted under it that present 9624
an imminent danger to the health or safety of a person or result 9625
in or are likely to result in substantial damage to the natural 9626
resources of this state;9627

       (11) Submission of falsified information under this chapter.9628

       (FF) "Severer" has the same meaning as in section 5749.01 of 9629
the Revised Code.9630

       (GG) "Horizontal well" means a well that is drilled for the 9631
production of oil or gas in which the wellbore reaches a 9632
horizontal or near horizontal position in the Point Pleasant, 9633
Utica, or Marcellus formation and the well is stimulated.9634

       (HH) "Well pad" means the area that is cleared or prepared 9635
for the drilling of one or more horizontal wells.9636

       Sec. 1509.02.  There is hereby created in the department of 9637
natural resources the division of oil and gas resources 9638
management, which shall be administered by the chief of the 9639
division of oil and gas resources management. The division has 9640
sole and exclusive authority to regulate the permitting, location, 9641
and spacing of oil and gas wells and production operations within 9642
the state, excepting only those activities regulated under federal 9643
laws for which oversight has been delegated to the environmental 9644
protection agency and activities regulated under sections 6111.02 9645
to 6111.028 of the Revised Code. The regulation of oil and gas 9646
activities is a matter of general statewide interest that requires 9647
uniform statewide regulation, and this chapter and rules adopted 9648
under it constitute a comprehensive plan with respect to all 9649
aspects of the locating, drilling, well stimulation, completing, 9650
and operating of oil and gas wells within this state, including 9651
site construction and restoration, permitting related to those 9652
activities, and the disposal of wastes from those wells. In order 9653
to assist the division in the furtherance of its sole and 9654
exclusive authority as established in this section, the chief may 9655
enter into cooperative agreements with other state agencies for 9656
advice and consultation, including visitations at the surface 9657
location of a well on behalf of the division. Such cooperative 9658
agreements do not confer on other state agencies any authority to 9659
administer or enforce this chapter and rules adopted under it. In 9660
addition, such cooperative agreements shall not be construed to 9661
dilute or diminish the division's sole and exclusive authority as 9662
established in this section. Nothing in this section affects the 9663
authority granted to the director of transportation and local 9664
authorities in section 723.01 or 4513.34 of the Revised Code, 9665
provided that the authority granted under those sections shall not 9666
be exercised in a manner that discriminates against, unfairly 9667
impedes, or obstructs oil and gas activities and operations 9668
regulated under this chapter.9669

       The chief shall not hold any other public office, nor shall 9670
the chief be engaged in any occupation or business that might 9671
interfere with or be inconsistent with the duties as chief.9672

       All moneys collected by the chief pursuant to sections 9673
1509.06, 1509.061, 1509.062, 1509.071, 1509.091, 1509.13, 1509.22, 9674
1509.222, 1509.28, and 1509.34, and 1509.50 of the Revised Code, 9675
ninety per cent of moneys received by the treasurer of state from 9676
the tax levied in divisions (A)(5) and (6) of section 5749.02 of 9677
the Revised Code, all civil penalties paid under section 1509.33 9678
of the Revised Code, and, notwithstanding any section of the 9679
Revised Code relating to the distribution or crediting of fines 9680
for violations of the Revised Code, all fines imposed under 9681
divisions (A) and (B) of section 1509.99 of the Revised Code and 9682
fines imposed under divisions (C) and (D) of section 1509.99 of 9683
the Revised Code for all violations prosecuted by the attorney 9684
general and for violations prosecuted by prosecuting attorneys 9685
that do not involve the transportation of brine by vehicle shall 9686
be deposited into the state treasury to the credit of the oil and 9687
gas well fund, which is hereby created. Fines imposed under 9688
divisions (C) and (D) of section 1509.99 of the Revised Code for 9689
violations prosecuted by prosecuting attorneys that involve the 9690
transportation of brine by vehicle and penalties associated with a 9691
compliance agreement entered into pursuant to this chapter shall 9692
be paid to the county treasury of the county where the violation 9693
occurred.9694

       The fund shall be used solely and exclusively for the 9695
purposes enumerated in division (B) of section 1509.071 of the 9696
Revised Code, for the expenses of the division associated with the 9697
administration of this chapter and Chapter 1571. of the Revised 9698
Code and rules adopted under them, and for expenses that are 9699
critical and necessary for the protection of human health and 9700
safety and the environment related to oil and gas production in 9701
this state. The expenses of the division in excess of the moneys 9702
available in the fund shall be paid from general revenue fund 9703
appropriations to the department.9704

       Sec. 1509.04. (A) The chief of the division of oil and gas 9705
resources management, or the chief's authorized representatives, 9706
shall enforce this chapter and the rules, terms and conditions of 9707
permits and registration certificates, and orders adopted or 9708
issued pursuant thereto, except that any peace officer, as defined 9709
in section 2935.01 of the Revised Code, may arrest for violations 9710
of this chapter involving transportation of brine by vehicle. The 9711
enforcement authority of the chief includes the authority to issue 9712
compliance notices and to enter into compliance agreements. 9713

       (B)(1) The chief or the chief's authorized representative may 9714
issue an administrative order to an owner or other person for a 9715
violation of this chapter or rules adopted under it, terms and 9716
conditions of a permit issued under it, a registration certificate 9717
that is required under this chapter, or orders issued under this 9718
chapter.9719

       (2)(a) If an owner or other person who is required to submit 9720
a report, test result, fee, or document by this chapter or rules 9721
adopted under it submits a request for an extension of time to 9722
submit the report, test result, fee, or document to the chief 9723
prior to the date on which the report, test result, fee, or 9724
document is due, the chief may grant an extension of not more than 9725
sixty additional days from the original date on which the report, 9726
test result, fee, or document is due.9727

        (b) If an owner or other person who is required to submit a 9728
report, test result, fee, or document by this chapter or rules 9729
adopted under it fails to submit the report, test result, fee, or 9730
document before or on the date on which it is due and the chief 9731
has not granted an extension of time under division (B)(2)(a) of 9732
this section, the chief shall make a reasonable attemptsattempt9733
to notify the owner or other person of the failure to submit the 9734
report, test result, fee, or document. If an owner or other person 9735
who receives such a notification fails to submit the report, test 9736
result, fee, or document on or before thirty days after the date 9737
on which the chief so notified the owner or other person, the 9738
chief may issue an order under division (B)(2)(c)(3) of this 9739
section. 9740

       (c)(3) The chief may issue an order finding that an owner or 9741
other person has committed a material and substantial violation.9742
In the order, the chief may suspend activities that are authorized 9743
under a permit or registration certificate that is issued under 9744
this chapter or revoke a permit or registration certificate.9745

       (C) The chief, by order, immediately may suspend drilling, 9746
operating, injection, brine transportation, or plugging activities 9747
that are related to a material and substantial violation and 9748
suspend andor revoke an unused permit after finding either of the 9749
following:9750

       (1) An owner or other person has failed to comply with an 9751
order issued under division (B)(2)(c)(3) of this section that is 9752
final and nonappealable.9753

       (2) An owner or other person is causing, engaging in, or 9754
maintaining a condition or activity that the chief determines 9755
presents an imminent danger to the health or safety of the public9756
a person or that results in or is likely to result in immediate9757
substantial damage to the natural resources of this state.9758

       (D)(1) The chief may issue an order under division (C) of 9759
this section without prior notification if reasonable attempts to 9760
notify the owner or other person have failed or if the owner or 9761
other person is currently in material breach of a prior order, but 9762
in such an event notification shall be given as soon thereafter as 9763
practical.9764

       (2) Not later than five business days after the issuance of 9765
an order under division (C) of this section, the chief or the 9766
chief's designee shall provide the owner or other person an 9767
opportunity to be heard and to present evidence that one of the 9768
following applies:9769

       (a) The condition or activity does not present an imminent 9770
danger to the public health or safety of a person or is not likely 9771
to result in immediate substantial damage to natural resources.9772

       (b) Required records, reports, or logs have been submitted9773
The condition or activity that is the basis of a material and 9774
substantial violation has been corrected.9775

       (3)(a) If the chief, after considering evidence presented by 9776
the owner or other person under division (D)(2)(a) of this 9777
section, determines that the activities do not present such a 9778
threat or that the required records, reports, or logs have been 9779
submitted under division (D)(2)(b) of this sectioncondition or 9780
activity that is the basis of a material and substantial violation 9781
has been corrected, the chief shall revokerescind the order. The9782

       (b) If the chief, after considering evidence presented by the 9783
owner or other person under division (D)(2)(a) of this section, 9784
determines that the activities present such a threat or that the 9785
condition or activity that is the basis of a material and 9786
substantial violation has not been corrected, the chief may issue 9787
an order that does either of the following:9788

       (i) Suspends the drilling, operating, plugging, injection, or 9789
brine transportation activities of the owner or other person for a 9790
specified period of time;9791

       (ii) Revokes the permit or registration certificate, as 9792
applicable, associated with the drilling, operating, plugging, 9793
injection, or brine transportation activities of the owner or 9794
other person that is the basis of the suspension order issued 9795
under division (C) of this section.9796

       (c) The owner may appealor other person to whom an order was 9797
issued under division (D)(3)(b) of this section may appeal the 9798
order to the oil and gas commission under section 1509.36 of the 9799
Revised Code or to the court of common pleas of the county in 9800
which the activity that is the subject of the order is located.9801

       (E) The chief may issue a bond forfeiture order pursuant to 9802
section 1509.071 of the Revised Code for failure to comply with a 9803
final nonappealable order issued or compliance agreement entered 9804
into under this section.9805

       (F) The chief may notify drilling contractors, transporters, 9806
service companies, or other similar entities of the compliance 9807
status of an owner.9808

       If the owner fails to comply with a prior enforcement action 9809
of the chief, the chief may issue a suspension order without prior 9810
notification, but in such an event the chief shall give notice as 9811
soon thereafter as practical. Not later than five calendar9812
business days after the issuance of an order, the chief shall 9813
provide the owner an opportunity to be heard and to present 9814
evidence that required records, reports, or logs have been 9815
submitted. If the chief, after considering the evidence presented 9816
by the owner, determines that the requirements have been 9817
satisfied, the chief shall revokerescind the suspension order. 9818
The owner may appeal a suspension order to the oil and gas 9819
commission under section 1509.36 of the Revised Code or to the9820
court of common pleas of the county in which the activity that is 9821
the subject of the suspension order is located.9822

       (G) The prosecuting attorney of the county or the attorney 9823
general, upon the request of the chief, may apply to the court of 9824
common pleas in the county in which any of the provisions of this 9825
chapter or any rules, terms or conditions of a permit or 9826
registration certificate, or orders adopted or issued pursuant to 9827
this chapter are being violated for a temporary restraining order, 9828
preliminary injunction, or permanent injunction restraining any 9829
person from suchthe violation.9830

       Sec. 1509.05. (A) No person shall drill a new well, drill an 9831
existing well any deeper, reopen a well, convert a well to any use 9832
other than its original purpose, or plug back a well to a source 9833
of supply different from the existing pool, without having a 9834
permit to do so issued by the chief of the division of oil and gas 9835
resources management, and until the original permit or a 9836
photostatic copy thereof is posted or displayed in a conspicuous 9837
and easily accessible place at the well site, with the name, 9838
current address, and telephone number of the permit holder and the 9839
telephone numbers for fire and emergency medical services 9840
maintained on the posted permit or copy. The permit or a copy 9841
shall be continuously displayed in that manner at all times during 9842
the work authorized by the permit.9843

       (B) The chief may issue an order refusing to issue a permit 9844
required by this section or section 1509.21 or 1509.22 of the 9845
Revised Code to an applicant who at the time of application for a 9846
permit has been issued an order for a material and substantial 9847
violation and has failed to comply with the order. The chief shall 9848
refuse to issue a permit to an applicant who at the time of 9849
application for a permit has been found liable by a nonappealable 9850
order of a court of competent jurisdiction for damage to streets, 9851
roads, highways, bridges, culverts, or drainways under section 9852
4513.34 or 5577.12 of the Revised Code until the applicant 9853
provides the chief with evidence of compliance with the order. No 9854
applicant shall attempt to circumvent this division by applying 9855
for a permit under a different name or business organization name, 9856
by transferring responsibility to another person or entity, by 9857
abandoning a well or lease, or by any other similar act.9858

       Sec. 1509.051.  (A) A person who has not been issued a permit 9859
or a registration certificate or who has not received an order 9860
authorizing activities under this chapter, but who intends to 9861
apply or has applied for such a permit, registration certificate, 9862
or order shall register with the division of oil and gas resources 9863
management on a form and in the manner prescribed by the chief of 9864
the division of oil and gas resources management. The registration 9865
shall include all of the following:9866

       (1) The name, address, and telephone number of the 9867
applicant's principal place of business;9868

       (2) The address and telephone number of the applicant's 9869
principal place of business in this state if it is different from 9870
the information provided under division (A)(1) of this section;9871

       (3) A listing of all key employees of the applicant;9872

       (4) A listing of all of the following during the five years 9873
immediately preceding the submission of the registration:9874

       (a) All consent orders entered into by the applicant or a key 9875
employee of the applicant in connection with any violation of the 9876
Federal Water Pollution Control Act by the applicant or a key 9877
employee of the applicant or in connection with any violation of 9878
this state's or any other state's laws implementing the Federal 9879
Water Pollution Control Act pursuant to delegation by the United 9880
States environmental protection agency by the applicant or a key 9881
employee of the applicant;9882

       (b) All administrative or civil enforcement orders issued to 9883
the applicant or a key employee of the applicant in connection 9884
with any violation of the Federal Water Pollution Control Act by 9885
the applicant or a key employee of the applicant or in connection 9886
with any violation of this state's or any other state's laws 9887
implementing the Federal Water Pollution Control Act pursuant to 9888
delegation by the United States environmental protection agency by 9889
the applicant or a key employee of the applicant;9890

       (c) All civil actions in which the applicant or a key 9891
employee of the applicant was determined by the trier of fact to 9892
be liable in damages or was the subject of injunctive relief or 9893
another type of civil relief in connection with any violation of 9894
the Federal Water Pollution Control Act by the applicant or a key 9895
employee of the applicant or in connection with any violation of 9896
this state's or any other state's laws implementing the Federal 9897
Water Pollution Control Act pursuant to delegation by the United 9898
States environmental protection agency by the applicant or a key 9899
employee of the applicant;9900

       (d) All criminal actions in which the applicant or a key 9901
employee of the applicant pleaded guilty to or was convicted of 9902
any violation of the Federal Water Pollution Control Act or any 9903
violation of this state's or any other state's laws implementing 9904
the Federal Water Pollution Control Act pursuant to delegation by 9905
the United States environmental protection agency.9906

       (B) The chief may issue an order denying an application 9907
submitted under this chapter if the chief finds from the 9908
information submitted under division (A) of this section that the 9909
applicant or any key employee of the applicant has a history of 9910
noncompliance with the Federal Water Pollution Control Act or with 9911
this state's or any other state's laws implementing the Federal 9912
Water Pollution Control Act pursuant to delegation by the United 9913
States environmental protection agency that indicates that the 9914
applicant lacks sufficient reliability, expertise, and competence 9915
to operate a proposed new well or brine transportation business or 9916
other facility or operation that is authorized by the permit or 9917
order, as applicable, in substantial compliance with this chapter 9918
and rules adopted under it.9919

       (C) The chief may issue an order denying an application 9920
submitted under this chapter if the chief finds that the 9921
information submitted under division (A) of this section is false 9922
or materially incomplete.9923

       (D) As used in this section:9924

       (1) "Applicant" means a person who intends to apply or has 9925
applied for a permit, registration certificate, or order 9926
authorizing activities under this chapter.9927

       (2) "Federal Water Pollution Control Act" has the same 9928
meaning as in section 6111.01 of the Revised Code.9929

       (3) "Key employee" means an individual who is employed by an 9930
applicant in a supervisory capacity or who is empowered to make 9931
discretionary decisions with respect to the operations of the 9932
applicant or another person who has supervisory capacity or who is 9933
empowered to make discretionary decisions with respect to the 9934
operations of the applicant. If the applicant has entered into a 9935
contract with another person to operate a well that is the subject 9936
of the application, "key employee" includes an employee of the 9937
contractor who acts in a supervisory capacity or is empowered to 9938
make discretionary decisions with respect to the operation of the 9939
well. "Key employee" does not include an employee who is 9940
exclusively engaged in any of the following: the physical or 9941
mechanical construction or operation of a well, physical or 9942
mechanical duties related to the transportation of brine, or in 9943
the physical or mechanical duties related to other activities 9944
authorized under this chapter.9945

       Sec. 1509.06. (A) An application for a permit to drill a new 9946
well, drill an existing well deeper, reopen a well, convert a well 9947
to any use other than its original purpose, or plug back a well to 9948
a different source of supply, including associated production 9949
operations, shall be filed with the chief of the division of oil 9950
and gas resources management upon such form as the chief 9951
prescribes and shall contain each of the following that is 9952
applicable:9953

       (1) The name and address of the owner and, if a corporation, 9954
the name and address of the statutory agent;9955

       (2) The signature of the owner or the owner's authorized 9956
agent. When an authorized agent signs an application, it shall be 9957
accompanied by a certified copy of the appointment as such agent.9958

       (3) The names and addresses of all persons holding the 9959
royalty interest in the tract upon which the well is located or is 9960
to be drilled or within a proposed drilling unit;9961

       (4) The location of the tract or drilling unit on which the 9962
well is located or is to be drilled identified by section or lot 9963
number, city, village, township, and county;9964

       (5) Designation of the well by name and number;9965

       (6)(a) The geological formation to be tested or used and the 9966
proposed total depth of the well;9967

       (b) If the well is for the injection of a liquid, identity of 9968
the geological formation to be used as the injection zone and the 9969
composition of the liquid to be injected.9970

       (7) The type of drilling equipment to be used;9971

       (8)(a) An identification, to the best of the owner's 9972
knowledge, of each proposed source of ground water and surface 9973
water that will be used in the production operations of the well. 9974
The identification of each proposed source of water shall indicate 9975
if the water will be withdrawn from the Lake Erie watershed or the 9976
Ohio river watershed. In addition, the owner shall provide, to the 9977
best of the owner's knowledge, the proposed estimated rate and 9978
volume of the water withdrawal for the production operations. If 9979
recycled water will be used in the production operations, the 9980
owner shall provide the estimated volume of recycled water to be 9981
used. The owner shall submit to the chief an update of any of the 9982
information that is required by division (A)(8)(a) of this section 9983
if any of that information changes before the chief issues a 9984
permit for the application.9985

       (b) Except as provided in division (A)(8)(c) of this section, 9986
for an application for a permit to drill a new well within an 9987
urbanized area, the results of sampling of water wells within 9988
three hundred feet of the proposed well prior to commencement of 9989
drilling. In addition, the owner shall include a list that 9990
identifies the location of each water well where the owner of the 9991
property on which the water well is located denied the owner 9992
access to sample the water well. The sampling shall be conducted 9993
in accordance with the guidelines established in "Best Management 9994
Practices For Pre-drilling Water Sampling" in effect at the time 9995
that the application is submitted. The division shall furnish 9996
those guidelines upon request and shall make them available on the 9997
division's web site. If the chief determines that conditions at 9998
the proposed well site warrant a revision, the chief may revise 9999
the distance established in this division for purposes of 10000
pre-drilling water sampling.10001

       (c) For an application for a permit to drill a new horizontal 10002
well, the results of sampling of water wells within one thousand 10003
five hundred feet of the proposed horizontal wellhead prior to 10004
commencement of drilling. In addition, the owner shall include a 10005
list that identifies the location of each water well where the 10006
owner of the property on which the water well is located denied 10007
the owner access to sample the water well. The sampling shall be 10008
conducted in accordance with the guidelines established in "Best 10009
Management Practices For Pre-drilling Water Sampling" in effect at 10010
the time that the application is submitted. The division shall 10011
furnish those guidelines upon request and shall make them 10012
available on the division's web site. If the chief determines that 10013
conditions at the proposed well site warrant a revision, the chief 10014
may revise the distance established in this division for purposes 10015
of pre-drilling water sampling.10016

       (9) For an application for a permit to drill a new well 10017
within an urbanized area, a sworn statement that the applicant has 10018
provided notice by regular mail of the application to the owner of 10019
each parcel of real property that is located within five hundred 10020
feet of the surface location of the well and to the executive 10021
authority of the municipal corporation or the board of township 10022
trustees of the township, as applicable, in which the well is to 10023
be located. In addition, the notice shall contain a statement that 10024
informs an owner of real property who is required to receive the 10025
notice under division (A)(9) of this section that within five days 10026
of receipt of the notice, the owner is required to provide notice 10027
under section 1509.60 of the Revised Code to each residence in an 10028
occupied dwelling that is located on the owner's parcel of real 10029
property. The notice shall contain a statement that an application 10030
has been filed with the division of oil and gas resources 10031
management, identify the name of the applicant and the proposed 10032
well location, include the name and address of the division, and 10033
contain a statement that comments regarding the application may be 10034
sent to the division. The notice may be provided by hand delivery 10035
or regular mail. The identity of the owners of parcels of real 10036
property shall be determined using the tax records of the 10037
municipal corporation or county in which a parcel of real property 10038
is located as of the date of the notice.10039

       (10) A plan for restoration of the land surface disturbed by 10040
drilling operations. The plan shall provide for compliance with 10041
the restoration requirements of division (A) of section 1509.072 10042
of the Revised Code and any rules adopted by the chief pertaining 10043
to that restoration.10044

       (11)(a) A description by name or number of the county, 10045
township, and municipal corporation roads, streets, and highways 10046
that the applicant anticipates will be used for access to and 10047
egress from the well site;10048

       (b) For an application for a permit for a horizontal well, a 10049
copy of an agreement concerning maintenance and safe use of the 10050
roads, streets, and highways described in division (A)(11)(a) of 10051
this section entered into on reasonable terms with the public 10052
official that has the legal authority to enter into such 10053
maintenance and use agreements for each county, township, and 10054
municipal corporation, as applicable, in which any such road, 10055
street, or highway is located or an affidavit on a form prescribed 10056
by the chief attesting that the owner attempted in good faith to 10057
enter into an agreement under division (A)(11)(b) of this section 10058
with the applicable public official of each such county, township, 10059
or municipal corporation, but that no agreement was executed.10060

       (12) Such other relevant information as the chief prescribes 10061
by rule.10062

       Each application shall be accompanied by a map, on a scale 10063
not smaller than four hundred feet to the inch, prepared by an 10064
Ohio registered surveyor, showing the location of the well and 10065
containing such other data as may be prescribed by the chief. If 10066
the well is or is to be located within the excavations and 10067
workings of a mine, the map also shall include the location of the 10068
mine, the name of the mine, and the name of the person operating 10069
the mine.10070

       (B) The chief shall cause a copy of the weekly circular 10071
prepared by the division to be provided to the county engineer of 10072
each county that contains active or proposed drilling activity. 10073
The weekly circular shall contain, in the manner prescribed by the 10074
chief, the names of all applicants for permits, the location of 10075
each well or proposed well, the information required by division 10076
(A)(11) of this section, and any additional information the chief 10077
prescribes. In addition, the chief promptly shall transfer an 10078
electronic copy or facsimile, or if those methods are not 10079
available to a municipal corporation or township, a copy via 10080
regular mail, of a drilling permit application to the clerk of the 10081
legislative authority of the municipal corporation or to the clerk 10082
of the township in which the well or proposed well is or is to be 10083
located if the legislative authority of the municipal corporation 10084
or the board of township trustees has asked to receive copies of 10085
such applications and the appropriate clerk has provided the chief 10086
an accurate, current electronic mailing address or facsimile 10087
number, as applicable.10088

       (C)(1) Except as provided in division (C)(2) of this section, 10089
the chief shall not issue a permit for at least ten days after the 10090
date of filing of the application for the permit unless, upon 10091
reasonable cause shown, the chief waives that period or a request 10092
for expedited review is filed under this section. However, the 10093
chief shall issue a permit within twenty-one days of the filing of 10094
the application unless the chief denies the application by order.10095

       (2) If the location of a well or proposed well will be or is 10096
within an urbanized area, the chief shall not issue a permit for 10097
at least eighteen days after the date of filing of the application 10098
for the permit unless, upon reasonable cause shown, the chief 10099
waives that period or the chief at the chief's discretion grants a 10100
request for an expedited review. However, the chief shall issue a 10101
permit for a well or proposed well within an urbanized area within 10102
thirty days of the filing of the application unless the chief 10103
denies the application by order.10104

       (D) An applicant may file a request with the chief for 10105
expedited review of a permit application if the well is not or is 10106
not to be located in a gas storage reservoir or reservoir 10107
protective area, as "reservoir protective area" is defined in 10108
section 1571.01 of the Revised Code. If the well is or is to be 10109
located in a coal bearing township, the application shall be 10110
accompanied by the affidavit of the landowner prescribed in 10111
section 1509.08 of the Revised Code.10112

       In addition to a complete application for a permit that meets 10113
the requirements of this section and the permit fee prescribed by 10114
this section, a request for expedited review shall be accompanied 10115
by a separate nonrefundable filing fee of two hundred fifty 10116
dollars. Upon the filing of a request for expedited review, the 10117
chief shall cause the county engineer of the county in which the 10118
well is or is to be located to be notified of the filing of the 10119
permit application and the request for expedited review by 10120
telephone or other means that in the judgment of the chief will 10121
provide timely notice of the application and request. The chief 10122
shall issue a permit within seven days of the filing of the 10123
request unless the chief denies the application by order. 10124
Notwithstanding the provisions of this section governing expedited 10125
review of permit applications, the chief may refuse to accept 10126
requests for expedited review if, in the chief's judgment, the 10127
acceptance of the requests would prevent the issuance, within 10128
twenty-one days of their filing, of permits for which applications 10129
are pending.10130

       (E) A well shall be drilled and operated in accordance with 10131
the plans, sworn statements, and other information submitted in 10132
the approved application.10133

       (F) The chief shall issue an order denying a permit if the 10134
chief finds that there is a substantial risk that the operation 10135
will result in violations of this chapter or rules adopted under 10136
it that will present an imminent danger to public health or safety 10137
or damage to the environment, provided that where the chief finds 10138
that terms or conditions to the permit can reasonably be expected 10139
to prevent such violations, the chief shall issue the permit 10140
subject to those terms or conditions, including, if applicable, 10141
terms and conditions regarding subjects identified in rules 10142
adopted under section 1509.03 of the Revised Code. The issuance of 10143
a permit shall not be considered an order of the chief.10144

       The chief shall post notice of each permit that has been 10145
approved under this section on the division's web site not later 10146
than two business days after the application for a permit has been 10147
approved.10148

       (G) Each application for a permit required by section 1509.05 10149
of the Revised Code, except an application to plug back an 10150
existing well that is required by that section and an application10151
for a well drilled or reopened for purposes of section 1509.22 of 10152
the Revised Code, also shall be accompanied by a nonrefundable fee 10153
as follows:10154

       (1) Five hundred dollars for a permit to conduct activities 10155
in a township with a population of fewer than ten thousand;10156

       (2) Seven hundred fifty dollars for a permit to conduct 10157
activities in a township with a population of ten thousand or 10158
more, but fewer than fifteen thousand;10159

       (3) One thousand dollars for a permit to conduct activities 10160
in either of the following:10161

       (a) A township with a population of fifteen thousand or more;10162

       (b) A municipal corporation regardless of population.10163

       (4) If the application is for a permit that requires 10164
mandatory pooling, an additional five thousand dollars.10165

       For purposes of calculating fee amounts, populations shall be 10166
determined using the most recent federal decennial census.10167

       Each application for the revision or reissuance of a permit 10168
shall be accompanied by a nonrefundable fee of two hundred fifty 10169
dollars.10170

       (H)(1) Prior to the commencement of well pad construction and 10171
prior to the issuance of a permit to drill a proposed horizontal 10172
well or a proposed well that is to be located in an urbanized 10173
area, the division shall conduct a site review to identify and 10174
evaluate any site-specific terms and conditions that may be 10175
attached to the permit. At the site review, a representative of 10176
the division shall consider fencing, screening, and landscaping 10177
requirements, if any, for similar structures in the community in 10178
which the well is proposed to be located. The terms and conditions 10179
that are attached to the permit shall include the establishment of 10180
fencing, screening, and landscaping requirements for the surface 10181
facilities of the proposed well, including a tank battery of the 10182
well.10183

       (2) Prior to the issuance of a permit to drill a proposed 10184
well, the division shall conduct a review to identify and evaluate 10185
any site-specific terms and conditions that may be attached to the 10186
permit if the proposed well will be located in a one-hundred-year 10187
floodplain or within the five-year time of travel associated with 10188
a public drinking water supply.10189

       (I) A permit shall be issued by the chief in accordance with 10190
this chapter. A permit issued under this section for a well that 10191
is or is to be located in an urbanized area shall be valid for 10192
twelve months, and all other permits issued under this section 10193
shall be valid for twenty-four months.10194

       (J) An applicant or a permittee, as applicable, shall submit 10195
to the chief an update of the information that is required under 10196
division (A)(8)(a) of this section if any of that information 10197
changes prior to commencement of production operations.10198

       (K) A permittee or a permittee's authorized representative 10199
shall notify an inspector from the division at least twenty-four 10200
hours, or another time period agreed to by the chief's authorized 10201
representative, prior to the commencement of well pad construction 10202
and of drilling, reopening, converting, well stimulation, or 10203
plugback operations.10204

       Sec. 1509.071.  (A) When the chief of the division of oil and 10205
gas resources management finds that an owner has failed to comply 10206
with a final nonappealable order issued or compliance agreement 10207
entered into under section 1509.04, the restoration requirements 10208
of section 1509.072, plugging requirements of section 1509.12, or 10209
permit provisions of section 1509.13 of the Revised Code, or rules 10210
and orders relating thereto, the chief shall make a finding of 10211
that fact and declare any surety bond filed to ensure compliance 10212
with those sections and rules forfeited in the amount set by rule 10213
of the chief. The chief thereupon shall certify the total 10214
forfeiture to the attorney general, who shall proceed to collect 10215
the amount of the forfeiture. In addition, the chief may require 10216
an owner, operator, producer, or other person who forfeited a 10217
surety bond to post a new surety bond in the amount of fifteen 10218
thousand dollars for a single well, thirty thousand dollars for 10219
two wells, or fifty thousand dollars for three or more wells.10220

       In lieu of total forfeiture, the surety or owner, at the 10221
surety's or owner's option, may cause the well to be properly 10222
plugged and abandoned and the area properly restored or pay to the 10223
treasurer of state the cost of plugging and abandonment.10224

       (B) All moneys collected because of forfeitures of bonds as 10225
provided in this section shall be deposited in the state treasury 10226
to the credit of the oil and gas well fund created in section 10227
1509.02 of the Revised Code. 10228

       The chief annually shallmay spend not less than fourteen per 10229
cent of the revenue credited to the fund during the previous 10230
fiscal year for the following purposes:10231

       (1) In accordance with division (D) of this section, to plug 10232
idle and orphaned wells or to restore the land surface properly as 10233
required in section 1509.072 of the Revised Code;10234

       (2) In accordance with division (E) of this section, to 10235
correct conditions that the chief reasonably has determined are 10236
causing imminent health or safety risks at an idle and orphaned 10237
well or a well for which the owner cannot be contacted in order to 10238
initiate a corrective action within a reasonable period of time as 10239
determined by the chief;10240

       (3) In accordance with rules adopted under division (I) of 10241
this section, to develop infrastructure as a solution to problems 10242
directly attributable to historic production operations.10243

       Expenditures from the fund shall be made only for lawful 10244
purposes. In addition, expenditures from the fund shall not be 10245
made to purchase real property or to remove a dwelling in order to 10246
access a well.10247

       (C)(1) Upon determining that the owner of a well has failed 10248
to properly plug and abandon it or to properly restore the land 10249
surface at the well site in compliance with the applicable 10250
requirements of this chapter and applicable rules adopted and 10251
orders issued under it or that a well is an abandoned well for 10252
which no funds are available to plug the well in accordance with 10253
this chapter, the chief shall do all of the following:10254

       (a) Determine from the records in the office of the county 10255
recorder of the county in which the well is located the identity 10256
of the owner of the land on which the well is located, the 10257
identity of the owner of the oil or gas lease under which the well 10258
was drilled or the identity of each person owning an interest in 10259
the lease, and the identities of the persons having legal title 10260
to, or a lien upon, any of the equipment appurtenant to the well;10261

       (b) Mail notice to the owner of the land on which the well is 10262
located informing the landowner that the well is to be plugged. If 10263
the owner of the oil or gas lease under which the well was drilled 10264
is different from the owner of the well or if any persons other 10265
than the owner of the well own interests in the lease, the chief 10266
also shall mail notice that the well is to be plugged to the owner 10267
of the lease or to each person owning an interest in the lease, as 10268
appropriate.10269

       (c) Mail notice to each person having legal title to, or a 10270
lien upon, any equipment appurtenant to the well, informing the 10271
person that the well is to be plugged and offering the person the 10272
opportunity to plug the well and restore the land surface at the 10273
well site at the person's own expense in order to avoid forfeiture 10274
of the equipment to this state.10275

       (2) If none of the persons described in division (C)(1)(c) of 10276
this section plugs the well within sixty days after the mailing of 10277
the notice required by that division, all equipment appurtenant to 10278
the well is hereby declared to be forfeited to this state without 10279
compensation and without the necessity for any action by the state 10280
for use to defray the cost of plugging and abandoning the well and 10281
restoring the land surface at the well site.10282

       (D) Expenditures from the fund for the purpose of division 10283
(B)(1) of this section shall be made in accordance with either of 10284
the following:10285

       (1) The expenditures may be made pursuant to contracts 10286
entered into by the chief with persons who agree to furnish all of 10287
the materials, equipment, work, and labor as specified and 10288
provided in such a contract for activities associated with the 10289
restoration or plugging of a well as determined by the chief. The 10290
activities may include excavation to uncover a well, geophysical 10291
methods to locate a buried well when clear evidence of leakage 10292
from the well exists, cleanout of wellbores to remove material 10293
from a failed plugging of a well, plugging operations, 10294
installation of vault and vent systems, including associated 10295
engineering certifications and permits, restoration of property, 10296
and repair of damage to property that is caused by such 10297
activities. Expenditures shall not be used for salaries, 10298
maintenance, equipment, or other administrative purposes, except 10299
for costs directly attributed to the plugging of an idle and 10300
orphaned well. Agents or employees of persons contracting with the 10301
chief for a restoration or plugging project may enter upon any 10302
land, public or private, on which the well is located for the 10303
purpose of performing the work. Prior to such entry, the chief 10304
shall give to the following persons written notice of the 10305
existence of a contract for a project to restore or plug a well, 10306
the names of the persons with whom the contract is made, and the 10307
date that the project will commence: the owner of the well, the 10308
owner of the land upon which the well is located, the owner or 10309
agents of adjoining land, and, if the well is located in the same 10310
township as or in a township adjacent to the excavations and 10311
workings of a mine and the owner or lessee of that mine has 10312
provided written notice identifying those townships to the chief 10313
at any time during the immediately preceding three years, the 10314
owner or lessee of the mine.10315

       (2)(a) The owner of the land on which a well is located who 10316
has received notice under division (C)(1)(b) of this section may 10317
plug the well and be reimbursed by the division of oil and gas 10318
resources management for the reasonable cost of plugging the well. 10319
In order to plug the well, the landowner shall submit an 10320
application to the chief on a form prescribed by the chief and 10321
approved by the technical advisory council on oil and gas created 10322
in section 1509.38 of the Revised Code. The application, at a 10323
minimum, shall require the landowner to provide the same 10324
information as is required to be included in the application for a 10325
permit to plug and abandon under section 1509.13 of the Revised 10326
Code. The application shall be accompanied by a copy of a proposed 10327
contract to plug the well prepared by a contractor regularly 10328
engaged in the business of plugging oil and gas wells. The 10329
proposed contract shall require the contractor to furnish all of 10330
the materials, equipment, work, and labor necessary to plug the 10331
well properly and shall specify the price for doing the work, 10332
including a credit for the equipment appurtenant to the well that 10333
was forfeited to the state through the operation of division 10334
(C)(2) of this section. Expenditures under division (D)(2)(a) of 10335
this section shall be consistent with the expenditures for 10336
activities described in division (D)(1) of this section. The 10337
application also shall be accompanied by the permit fee required 10338
by section 1509.13 of the Revised Code unless the chief, in the 10339
chief's discretion, waives payment of the permit fee. The 10340
application constitutes an application for a permit to plug and 10341
abandon the well for the purposes of section 1509.13 of the 10342
Revised Code.10343

       (b) Within thirty days after receiving an application and 10344
accompanying proposed contract under division (D)(2)(a) of this 10345
section, the chief shall determine whether the plugging would 10346
comply with the applicable requirements of this chapter and 10347
applicable rules adopted and orders issued under it and whether 10348
the cost of the plugging under the proposed contract is 10349
reasonable. If the chief determines that the proposed plugging 10350
would comply with those requirements and that the proposed cost of 10351
the plugging is reasonable, the chief shall notify the landowner 10352
of that determination and issue to the landowner a permit to plug 10353
and abandon the well under section 1509.13 of the Revised Code. 10354
Upon approval of the application and proposed contract, the chief 10355
shall transfer ownership of the equipment appurtenant to the well 10356
to the landowner. The chief may disapprove an application 10357
submitted under division (D)(2)(a) of this section if the chief 10358
determines that the proposed plugging would not comply with the 10359
applicable requirements of this chapter and applicable rules 10360
adopted and orders issued under it, that the cost of the plugging 10361
under the proposed contract is unreasonable, or that the proposed 10362
contract is not a bona fide, arm's length contract.10363

       (c) After receiving the chief's notice of the approval of the 10364
application and permit to plug and abandon a well under division 10365
(D)(2)(b) of this section, the landowner shall enter into the 10366
proposed contract to plug the well. 10367

       (d) Upon determining that the plugging has been completed in 10368
compliance with the applicable requirements of this chapter and 10369
applicable rules adopted and orders issued under it, the chief 10370
shall reimburse the landowner for the cost of the plugging as set 10371
forth in the proposed contract approved by the chief. The 10372
reimbursement shall be paid from the oil and gas well fund. If the 10373
chief determines that the plugging was not completed in accordance 10374
with the applicable requirements, the chief shall not reimburse 10375
the landowner for the cost of the plugging, and the landowner or 10376
the contractor, as applicable, promptly shall transfer back to 10377
this state title to and possession of the equipment appurtenant to 10378
the well that previously was transferred to the landowner under 10379
division (D)(2)(b) of this section. If any such equipment was 10380
removed from the well during the plugging and sold, the landowner 10381
shall pay to the chief the proceeds from the sale of the 10382
equipment, and the chief promptly shall pay the moneys so received 10383
to the treasurer of state for deposit into the oil and gas well 10384
fund.10385

       The chief may establish an annual limit on the number of 10386
wells that may be plugged under division (D)(2) of this section or 10387
an annual limit on the expenditures to be made under that 10388
division.10389

       As used in division (D)(2) of this section, "plug" and 10390
"plugging" include the plugging of the well and the restoration of 10391
the land surface disturbed by the plugging.10392

       (E) Expenditures from the oil and gas well fund for the 10393
purpose of division (B)(2) of this section may be made pursuant to 10394
contracts entered into by the chief with persons who agree to 10395
furnish all of the materials, equipment, work, and labor as 10396
specified and provided in such a contract. The competitive bidding 10397
requirements of Chapter 153. of the Revised Code do not apply if 10398
the chief reasonably determines that an emergency situation exists 10399
requiring immediate action for the correction of the applicable 10400
health or safety risk. A contract or purchase of materials for 10401
purposes of addressing the emergency situation is not subject to 10402
division (B) of section 127.16 of the Revised Code. The chief, 10403
designated representatives of the chief, and agents or employees 10404
of persons contracting with the chief under this division may 10405
enter upon any land, public or private, for the purpose of 10406
performing the work.10407

       (F) Contracts entered into by the chief under this section 10408
are not subject to any of the following:10409

       (1) Chapter 4115. of the Revised Code;10410

       (2) Section 153.54 of the Revised Code, except that the 10411
contractor shall obtain and provide to the chief as a bid guaranty 10412
a surety bond or letter of credit in an amount equal to ten per 10413
cent of the amount of the contract;10414

       (3) Section 4733.17 of the Revised Code.10415

       (G) The owner of land on which a well is located who has 10416
received notice under division (C)(1)(b) of this section, in lieu 10417
of plugging the well in accordance with division (D)(2) of this 10418
section, may cause ownership of the well to be transferred to an 10419
owner who is lawfully doing business in this state and who has met 10420
the financial responsibility requirements established under 10421
section 1509.07 of the Revised Code, subject to the approval of 10422
the chief. The transfer of ownership also shall be subject to the 10423
landowner's filing the appropriate forms required under section 10424
1509.31 of the Revised Code and providing to the chief sufficient 10425
information to demonstrate the landowner's or owner's right to 10426
produce a formation or formations. That information may include a 10427
deed, a lease, or other documentation of ownership or property 10428
rights.10429

       The chief shall approve or disapprove the transfer of 10430
ownership of the well. If the chief approves the transfer, the 10431
owner is responsible for operating the well in accordance with 10432
this chapter and rules adopted under it, including, without 10433
limitation, all of the following:10434

       (1) Filing an application with the chief under section 10435
1509.06 of the Revised Code if the owner intends to drill deeper 10436
or produce a formation that is not listed in the records of the 10437
division for that well;10438

       (2) Taking title to and possession of the equipment 10439
appurtenant to the well that has been identified by the chief as 10440
having been abandoned by the former owner;10441

       (3) Complying with all applicable requirements that are 10442
necessary to drill deeper, plug the well, or plug back the well.10443

       (H) The chief shall issue an order that requires the owner of 10444
a well to pay the actual documented costs of a corrective action 10445
that is described in division (B)(2) of this section concerning 10446
the well. The chief shall transmit the money so recovered to the 10447
treasurer of state who shall deposit the money in the state 10448
treasury to the credit of the oil and gas well fund.10449

       (I) The chief shall adopt rules in accordance with Chapter 10450
119. of the Revised Code regarding the development of 10451
infrastructure as a solution to problems directly attributable to 10452
historic production operations. The rules shall establish criteria 10453
for determining the types of infrastructure for which revenues may 10454
be used under division (B)(3) of this section.10455

       (J) The chief may engage in cooperative projects under this 10456
section with any agency of this state, another state, or the 10457
United States; any other governmental agencies; or any state 10458
university or college as defined in section 3345.27 of the Revised 10459
Code. A contract entered into for purposes of a cooperative 10460
project is not subject to division (B) of section 127.16 of the 10461
Revised Code.10462

       Sec. 1509.08.  Upon receipt of an application for a permit 10463
required by section 1509.05 of the Revised Code, or upon receipt 10464
of an application for a permit to plug and abandon under section 10465
1509.13 of the Revised Code, the chief of the division of oil and 10466
gas resources management shall determine whether the well is or is 10467
to be located in a coal bearing township.10468

       Whether or not the well is or is to be located in a coal 10469
bearing township, the chief, by order, may refuse to issue a 10470
permit required by section 1509.05 of the Revised Code to any 10471
applicant who at the time of applying for the permit is in 10472
material or substantial violation of this chapter or rules adopted 10473
or orders issued under it. The chief shall refuse to issue a 10474
permit to any applicant who at the time of applying for the permit 10475
has been found liable by a final nonappealable order of a court of 10476
competent jurisdiction for damage to streets, roads, highways, 10477
bridges, culverts, or drainways pursuant to section 4513.34 or 10478
5577.12 of the Revised Code until the applicant provides the chief 10479
with evidence of compliance with the order. No applicant shall 10480
attempt to circumvent this provision by applying for a permit 10481
under a different name or business organization name, by 10482
transferring responsibility to another person or entity, by 10483
abandoning the well or lease, or by any other similar act.10484

       If the well is not or is not to be located in a coal bearing 10485
township, or if it is to be located in a coal bearing township, 10486
but the landowner submits an affidavit attesting to ownership of 10487
the property in fee simple, including the coal, and has no 10488
objection to the well, the chief shall issue the permit.10489

       If the application to drill, reopen, or convert concerns a 10490
well that is or is to be located in a coal bearing township, the 10491
chief shall transmit to the chief of the division of mineral 10492
resources management two copies of the application and three 10493
copies of the map required in section 1509.06 of the Revised Code, 10494
except that, when the affidavit with the waiver of objection 10495
described above is submitted, the chief of the division of oil and 10496
gas resources management shall not transmit the copies.10497

       The chief of the division of mineral resources management 10498
immediately shall notify the owner or lessee of any affected mine 10499
that the application has been filed and send to the owner or 10500
lessee two copies of the map accompanying the application setting 10501
forth the location of the well.10502

       If the owner or lessee objects to the location of the well or 10503
objects to any location within fifty feet of the original location 10504
as a possible site for relocation of the well, the owner or lessee 10505
shall notify the chief of the division of mineral resources 10506
management of the objection, giving the reasons for the objection 10507
and, if applicable, indicating on a copy of the map the particular 10508
location or locations within fifty feet of the original location 10509
to which the owner or lessee objects as a site for possible 10510
relocation of the well, within six days after the receipt of the 10511
notice. If the chief receives no objections from the owner or 10512
lessee of the mine within ten days after the receipt of the notice 10513
by the owner or lessee, or if in the opinion of the chief the 10514
objections offered by the owner or lessee are not sufficiently 10515
well founded, the chief immediately shall notify the owner or 10516
lessee of those findings. The owner or lessee may appeal the 10517
decision of the chief to the reclamation commission under section 10518
1513.13 of the Revised Code. The appeal shall be filed within 10519
fifteen days, notwithstanding provisions in divisionsdivision10520
(A)(1) of section 1513.13 of the Revised Code to the contrary, 10521
from the date on which the owner or lessee receives the notice. If 10522
the appeal is not filed within that time, the chief immediately 10523
shall approve the application, retain a copy of the application 10524
and map, and return a copy of the application to the chief of the 10525
division of oil and gas resources management with the approval 10526
noted on it. The chief of the division of oil and gas resources 10527
management then shall issue the permit if the provisions of this 10528
chapter pertaining to the issuance of such a permit have been 10529
complied with.10530

       If the chief of the division of mineral resources management 10531
receives an objection from the owner or lessee of the mine as to 10532
the location of the well within ten days after receipt of the 10533
notice by the owner or lessee, and if in the opinion of the chief 10534
the objection is well founded, the chief shall disapprove the 10535
application and immediately return it to the chief of the division 10536
of oil and gas resources management together with the reasons for 10537
disapproval and a suggestion for a new location for the well, 10538
provided that the suggested new location shall not be a location 10539
within fifty feet of the original location to which the owner or 10540
lessee has objected as a site for possible relocation of the well 10541
if the chief of the division of mineral resources management has 10542
determined that the objection is well founded. The chief of the 10543
division of oil and gas resources management immediately shall 10544
notify the applicant for the permit of the disapproval and any 10545
suggestion made by the chief of the division of mineral resources 10546
management as to a new location for the well. The applicant may 10547
withdraw the application or amend the application to drill the 10548
well at the location suggested by the chief, or the applicant may 10549
appeal the disapproval of the application by the chief to the 10550
reclamation commission.10551

       If the chief of the division of mineral resources management 10552
receives no objection from the owner or lessee of a mine as to the 10553
location of the well, but does receive an objection from the owner 10554
or lessee as to one or more locations within fifty feet of the 10555
original location as possible sites for relocation of the well 10556
within ten days after receipt of the notice by the owner or 10557
lessee, and if in the opinion of the chief the objection is well 10558
founded, the chief nevertheless shall approve the application and 10559
shall return it immediately to the chief of the division of oil 10560
and gas resources management together with the reasons for 10561
disapproving any of the locations to which the owner or lessee 10562
objects as possible sites for the relocation of the well. The 10563
chief of the division of oil and gas resources management then 10564
shall issue a permit if the provisions of this chapter pertaining 10565
to the issuance of such a permit have been complied with, 10566
incorporating as a term or condition of the permit that the 10567
applicant is prohibited from commencing drilling at any location 10568
within fifty feet of the original location that has been 10569
disapproved by the chief of the division of mineral resources 10570
management. The applicant may appeal to the reclamation commission 10571
the terms and conditions of the permit prohibiting the 10572
commencement of drilling at any such location disapproved by the 10573
chief of the division of mineral resources management.10574

       Any such appeal shall be filed within fifteen days, 10575
notwithstanding provisions in division (A)(1) of section 1513.13 10576
of the Revised Code to the contrary, from the date the applicant 10577
receives notice of the disapproval of the application, any other 10578
location within fifty feet of the original location, or terms or 10579
conditions of the permit, or the owner or lessee receives notice 10580
of the chief's decision. No approval or disapproval of an 10581
application shall be delayed by the chief of the division of 10582
mineral resources management for more than fifteen days from the 10583
date of sending the notice of the application to the mine owner or 10584
lessee as required by this section.10585

       All appeals provided for in this section shall be treated as 10586
expedited appeals. The reclamation commission shall hear any such 10587
appeal in accordance with section 1513.13 of the Revised Code and 10588
issue a decision within thirty days of the filing of the notice of 10589
appeal.10590

       The chief of the division of oil and gas resources management 10591
shall not issue a permit to drill a new well or reopen a well that 10592
is or is to be located within three hundred feet of any opening of 10593
any mine used as a means of ingress, egress, or ventilation for 10594
persons employed in the mine, nor within one hundred feet of any 10595
building or inflammable structure connected with the mine and 10596
actually used as a part of the operating equipment of the mine, 10597
unless the chief of the division of mineral resources management 10598
determines that life or property will not be endangered by 10599
drilling and operating the well in that location.10600

       The chief of the division of mineral resources management may 10601
suspend the drilling or reopening of a well in a coal bearing 10602
township after determining that the drilling or reopening 10603
activities present an imminent and substantial threat to public 10604
health or safety or to miners' health or safety and having been 10605
unable to contact the chief of the division of oil and gas 10606
resources management to request an order of suspension under 10607
section 1509.06 of the Revised Code. Before issuing a suspension 10608
order for that purpose, the chief of the division of mineral 10609
resources management shall notify the owner in a manner that in 10610
the chief's judgment would provide reasonable notification that 10611
the chief intends to issue a suspension order. The chief may issue 10612
such an order without prior notification if reasonable attempts to 10613
notify the owner have failed, but in that event notification shall 10614
be given as soon thereafter as practical. Within five calendar 10615
days after the issuance of the order, the chief shall provide the 10616
owner an opportunity to be heard and to present evidence that the 10617
activities do not present an imminent and substantial threat to 10618
public health or safety or to miners' health or safety. If, after 10619
considering the evidence presented by the owner, the chief 10620
determines that the activities do not present such a threat, the 10621
chief shall revoke the suspension order. An owner may appeal a 10622
suspension order issued by the chief of the division of mineral 10623
resources management under this section to the reclamation 10624
commission in accordance with section 1513.13 of the Revised Code 10625
or may appeal the order directly to the court of common pleas of 10626
the county in which the well is located.10627

       Sec. 1509.061.        Sec. 1509.091.  An owner of a well who has been 10628
issued a permit under section 1509.06 of the Revised Code may 10629
submit to the chief of the division of oil and gas resources 10630
management, on a form prescribed by the chief, a request to revise 10631
an existing tract upon which exists a producing or idle well. The 10632
chief shall adopt, and may amend and rescind, rules under section 10633
1509.03 of the Revised Code that are necessary for the 10634
administration of this section. The rules at least shall stipulate 10635
the information to be included on the request form and shall 10636
establish a fee to be paid by the person submitting the request, 10637
which fee shall not exceed two hundred fifty dollars.10638

       The chief shall approve a request submitted under this 10639
section unless it would result in a violation of this chapter or 10640
rules adopted under it, including provisions establishing spacing 10641
or minimum acreage requirements.10642

       Sec. 1509.11. (A)(1) The owner of any well, except a 10643
horizontal well, that is producing or capable of producing oil or 10644
gas shall file with the chief of the division of oil and gas 10645
resources management, on or before the thirty-first day of March, 10646
a statement of production of oil, gas, and brine for the last 10647
preceding calendar year in such form as the chief may prescribe. 10648
An owner that has more than one hundred such wells in this state 10649
shall submit electronically the statement of production in a 10650
format that is approved by the chief. The chief shall include on 10651
the form, at the minimum, a request for the submittal of the 10652
information that a person who is regulated under this chapter is 10653
required to submit under the "Emergency Planning and Community 10654
Right-To-Know Act of 1986," 100 Stat. 1728, 42 U.S.C.A. 11001, and 10655
regulations adopted under it, and that the division of oil and gas 10656
resources management does not obtain through other reporting 10657
mechanisms.10658

       (2) The owner of any horizontal well that is producing or 10659
capable of producing oil or gas shall file with the chief, on the 10660
forty-fifth day following the close of each calendar quarter, a 10661
statement of production of oil, gas, and brine for the preceding 10662
calendar quarter in a form that the chief prescribes. An owner 10663
that has more than one hundred horizontal wells in this state 10664
shall submit electronically the statement of production in a 10665
format that is approved by the chief. The chief shall include on 10666
the form, at a minimum, a request for the submittal of the 10667
information that a person who is regulated under this chapter is 10668
required to submit under the "Emergency Planning and Community 10669
Right-To-Know Act of 1986," 100 Stat. 1728, 42 U.S.C. 11001, and 10670
regulations adopted under it, and that the division does not 10671
obtain through other reporting mechanisms.10672

       (B) The chief shall not disclose information received from 10673
the department of taxation under division (C)(12) of section 10674
5703.21 of the Revised Code until the related statement of 10675
production required by division (A) of this section is filed with 10676
the chief.10677

       (C) Not later than the thirty-first day of July of each year, 10678
the chief shall do both of the following:10679

       (1) Calculate for each county and certify to the director of 10680
budget and management and the tax commissioner the number of 10681
horizontal wells drilled and holding a permit issued under section 10682
1509.06 of the Revised Code located in the county on the last day 10683
of the preceding fiscal year divided by the number of all 10684
horizontal wells drilled and holding such permits on that day. The 10685
chief shall not adjust any county's calculation after the 10686
calculations are so certified.10687

       (2) Determine which counties in the state had active oil and 10688
gas development in the Point Pleasant, Utica, or Marcellus 10689
formation in the preceding fiscal year and, as soon as is 10690
practicable, certify that determination to the Ohio shale products 10691
regional commission.10692

       Sec. 1509.222.  (A)(1) Except as provided in section 1509.226 10693
of the Revised Code, no person shall transport brine by vehicle in 10694
this state unless the business entity that employs the person 10695
first registers with and obtains a registration certificate and 10696
identification number from the chief of the division of oil and 10697
gas resources management.10698

       (2) No more than one registration certificate shall be 10699
required of any business entity. Registration certificates issued 10700
under this section are not transferable. An applicant shall file 10701
an application with the chief, containing such information in such 10702
form as the chief prescribes. The application shall include at 10703
least all of the following:10704

       (a) A list that identifies each pipeline, vehicle, vessel, 10705
railcar, and container that will be used in the transportation of 10706
brine;10707

       (b) A plan for disposal that provides for compliance with the 10708
requirements of this chapter and rules of the chief pertaining to 10709
the transportation of brine by vehicle and the disposal of brine 10710
so transported and that lists all disposal sites that the 10711
applicant intends to use;10712

       (c) The bond required by section 1509.225 of the Revised 10713
Code;10714

       (d) A certificate issued by an insurance company authorized 10715
to do business in this state certifying that the applicant has in 10716
force a liability insurance policy in an amount not less than 10717
three hundred thousand dollars bodily injury coverage and three 10718
hundred thousand dollars property damage coverage to pay damages 10719
for injury to persons or property caused by the collecting, 10720
handling, transportation, or disposal of brine. 10721

       The insurance policy required by division (A)(2)(d) of this 10722
section shall be maintained in effect during the term of the 10723
registration certificate. The policy or policies providing the 10724
coverage shall require the insurance company to give notice to the 10725
chief if the policy or policies lapse for any reason. Upon such 10726
termination of the policy, the chief may suspend the registration 10727
certificate until proper insurance coverage is obtained. 10728

       (3) Each application for a registration certificate shall be 10729
accompanied by a nonrefundable fee of five hundred dollars. 10730

       (4) If a business entity that has been issued a registration 10731
certificate under this section changes its name due to a business 10732
reorganization or merger, the business entity shall revise the 10733
bond or certificates of deposit required by section 1509.225 of 10734
the Revised Code and obtain a new certificate from an insurance 10735
company in accordance with division (A)(2)(e)(d) of this section 10736
to reflect the change in the name of the business entity.10737

       (B) The chief shall issue an order denying an application for 10738
a registration certificate if the chief finds that either of the 10739
following applies:10740

       (1) The applicant, at the time of applying for the 10741
registration certificate, has been found liable by a final 10742
nonappealable order of a court of competent jurisdiction for 10743
damage to streets, roads, highways, bridges, culverts, or 10744
drainways pursuant to section 4513.34 or 5577.12 of the Revised 10745
Code until the applicant provides the chief with evidence of 10746
compliance with the order.10747

       (2) The applicant's plan for disposal does not provide for 10748
compliance with the requirements of this chapter and rules of the 10749
chief pertaining to the transportation of brine by vehicle and the 10750
disposal of brine so transported.10751

       (C) No applicant shall attempt to circumvent division (B) of 10752
this section by applying for a registration certificate under a 10753
different name or business organization name, by transferring 10754
responsibility to another person or entity, or by any similar act.10755

       (D) A registered transporter shall not allow any other person 10756
to use the transporter's registration certificate to transport 10757
brine.10758

       (E) A registered transporter shall apply to revise a disposal 10759
plan under procedures that the chief shall prescribe by rule. 10760
However, at a minimum, an application for a revision shall list 10761
all sources and disposal sites of brine currently transported. The 10762
chief shall deny any application for a revision of a plan under 10763
this division if the chief finds that the proposed revised plan 10764
does not provide for compliance with the requirements of this 10765
chapter and rules of the chief pertaining to the transportation of 10766
brine by vehicle and the disposal of brine so transported. 10767
Approvals and denials of revisions shall be by order of the chief.10768

       (E)(F) The chief may adopt rules, issue orders, and attach 10769
terms and conditions to registration certificates as may be 10770
necessary to administer, implement, and enforce sections 1509.222 10771
to 1509.226 of the Revised Code for protection of public health or 10772
safety or conservation of natural resources.10773

       Sec. 1509.223.  (A)(1) No permit holder or owner of a well 10774
shall enter into an agreement with or permit any person to 10775
transport brine produced from the well who is not registered 10776
pursuant to section 1509.222 of the Revised Code or exempt from 10777
registration under section 1509.226 of the Revised Code.10778

       (2) No permit holder or owner of a well for which a permit 10779
has been issued under division (D) of section 1509.22 of the 10780
Revised Code shall enter into an agreement with or permit any 10781
person who is not registered pursuant to section 1509.222 of the 10782
Revised Code to dispose of brine at the well.10783

       (B) Each registered transporter shall file with the chief of 10784
the division of oil and gas resources management, on or before the 10785
fifteenth day of April, a statement concerning brine transported, 10786
including quantities transported and source and delivery points, 10787
during the last preceding calendar year, and such other 10788
information in such form as the chief may prescribe.10789

       (C) Each registered transporter shall keep on each vehicle, 10790
vessel, railcar, and container used to transport brine a daily log 10791
and have it available upon the request of the chief or, an 10792
authorized representative of the chief, or a peace officer. In 10793
addition, each registered transporter shall keep a daily log for 10794
each pipeline used to transport brine and have it available upon 10795
the request of the chief, an authorized representative of the 10796
chief, or a peace officer. The log shall, at a minimum, include 10797
all of the following information:10798

       (1) The name of the owner or owners of the well or wells 10799
producing the brine to be transported;10800

       (2) The date and time the brine is loaded or transported 10801
through a pipeline, as applicable;10802

       (3) The name of the driver, if applicable;10803

       (4) The amount of brine loaded at each collection point or 10804
the amount of brine transported through a pipeline, as applicable;10805

       (5) The disposal location;10806

       (6) The date and time the brine is disposed of and the amount 10807
of brine disposed of at each location.10808

       The chief, by rule, may establish procedures for the 10809
electronic submission to the chief of the information that is 10810
required to be included in thea daily log. No registered 10811
transporter shall falsify or fail to keep or submit thea log 10812
required by this division.10813

       (D) Each registered transporter shall legibly identify with 10814
reflective paints all vehicles, vessels, railcars, and containers10815
employed in transporting or disposing of brine. Letters shall be 10816
no less than four inches in height and shall indicate the 10817
identification number issued by the chief, the word "brine," and 10818
the name and telephone number of the transporter.10819

       Each registered transporter shall legibly identify each 10820
pipeline employed in transporting or disposing of brine on the 10821
surface of the ground in a manner similar to the identification of 10822
underground gas lines. The identification shall include the 10823
identification number issued by the chief, the word "brine," and 10824
the name and telephone number of the transporter.10825

       (E) The chief shall maintain and keep a current list of 10826
persons registered to transport brine under section 1509.222 of 10827
the Revised Code. The list shall be open to public inspection. It 10828
is an affirmative defense to a charge under division (A) of this 10829
section that at the time the permit holder or owner of a well 10830
entered into an agreement with or permitted a person to transport 10831
or dispose of brine, the person was shown on the list as currently 10832
registered to transport brine.10833

       Sec. 1509.23. (A) Rules of the chief of the division of oil 10834
and gas resources management may specify practices to be followed 10835
in the drilling and treatment of wells, production of oil and gas, 10836
and plugging of wells for protection of public health or safety or 10837
to prevent damage to natural resources, including specification of 10838
the following:10839

       (1)(A) Appropriate devices;10840

       (2)(B) Minimum distances that wells and other excavations, 10841
structures, and equipment shall be located from water wells, 10842
streets, roads, highways, rivers, lakes, streams, ponds, other 10843
bodies of water, railroad tracks, public or private recreational 10844
areas, zoning districts, and buildings or other structures. Rules 10845
adopted under this division (A)(2) of this section shall not 10846
conflict with section 1509.021 of the Revised Code.10847

       (3)(C) Other methods of operation;10848

       (4)(D) Procedures, methods, and equipment and other 10849
requirements for equipment to prevent and contain discharges of 10850
oil and brine from oil production facilities and oil drilling and 10851
workover facilities consistent with and equivalent in scope, 10852
content, and coverage to section 311(j)(1)(c) of the "Federal 10853
Water Pollution Control Act Amendments of 1972," 86 Stat. 886, 33 10854
U.S.C.A. 1251, as amended, and regulations adopted under it. In 10855
addition, the rules may specify procedures, methods, and equipment 10856
and other requirements for equipment to prevent and contain 10857
surface and subsurface discharges of fluids, condensates, and 10858
gases.10859

       (5)(E) Notifications;10860

       (6)(F) Requirements governing the location and construction 10861
of fresh water impoundments that are part of a production 10862
operation.10863

       (B) The chief, in consultation with the emergency response 10864
commission created in section 3750.02 of the Revised Code, shall 10865
adopt rules in accordance with Chapter 119. of the Revised Code 10866
that specify the information that shall be included in an 10867
electronic database that the chief shall create and host. The 10868
information shall be that which the chief considers to be 10869
appropriate for the purpose of responding to emergency situations 10870
that pose a threat to public health or safety or the environment. 10871
At the minimum, the information shall include that which a person 10872
who is regulated under this chapter is required to submit under 10873
the "Emergency Planning and Community Right-To-Know Act of 1986," 10874
100 Stat. 1728, 42 U.S.C.A. 11001, and regulations adopted under 10875
it.10876

       In addition, the rules shall specify whether and to what 10877
extent the database and the information that it contains will be 10878
made accessible to the public. The rules shall ensure that the 10879
database will be made available via the internet or a system of 10880
computer disks to the emergency response commission and to every 10881
local emergency planning committee and fire department in this 10882
state.10883

       Sec. 1509.27.  If a tract of land is of insufficient size or 10884
shape to meet the requirements for drilling a well thereon as 10885
provided in section 1509.24 or 1509.25 of the Revised Code, 10886
whichever is applicable, and the owner of the tract who also is 10887
the owner of the mineral interest has been unable to form a 10888
drilling unit under agreement as provided in section 1509.26 of 10889
the Revised Code, on a just and equitable basis, such an owner may 10890
make application to the division of oil and gas resources 10891
management for a mandatory pooling order.10892

        The application shall include information as shall be 10893
reasonably required by the chief of the division of oil and gas 10894
resources management and shall be accompanied by an application 10895
for a permit as required by section 1509.05 of the Revised Code. 10896
The chief shall notify all mineral rights owners of landtracts10897
within the area proposed to be pooled by an order and included 10898
within the drilling unit of the filing of the application and of 10899
their right to a hearing. After the hearing or after the 10900
expiration of thirty days from the date notice of application was 10901
mailed to such owners, the chief, if satisfied that the 10902
application is proper in form and that mandatory pooling is 10903
necessary to protect correlative rights and to provide effective 10904
development, use, and conservation of oil and gas, shall issue a 10905
drilling permit and a mandatory pooling order complying with the 10906
requirements for drilling a well as provided in section 1509.24 or 10907
1509.25 of the Revised Code, whichever is applicable. The 10908
mandatory pooling order shall:10909

       (A) Designate the boundaries of the drilling unit within 10910
which the well shall be drilled;10911

       (B) Designate the proposed production site;10912

       (C) Describe each separately owned tract or part thereof 10913
pooled by the order;10914

       (D) Allocate on a surface acreage basis a pro rata portion of 10915
the production to the owner of each tract pooled by the order. The 10916
pro rata portion shall be in the same proportion that the 10917
percentage of the owner'stract's acreage is to the state minimum 10918
acreage requirements established in rules adopted under this 10919
chapter for a drilling unit unless the applicant demonstrates to 10920
the chief using geological evidence that the geologic structure 10921
containing the oil or gas is larger than the minimum acreage 10922
requirement in which case the pro rata portion shall be in the 10923
same proportion that the percentage of the owner'stract's acreage 10924
is to the geologic structure.10925

       (E) Specify the basis upon which each mineral rights owner of 10926
a tract pooled by the order shall share all reasonable costs and 10927
expenses of drilling and producing if the mineral rights owner 10928
elects to participate in the drilling and operation of the well;10929

       (F) Designate the person to whom the permit shall be issued.10930

       A person shall not submit more than five applications for 10931
mandatory pooling orders per year under this section unless 10932
otherwise approved by the chief. 10933

       No surface operations or disturbances to the surface of the 10934
land shall occur on a tract pooled by an order without the written 10935
consent of or a written agreement with the surface rights owner of 10936
the tract that approves the operations or disturbances.10937

       If ana mineral rights owner of a tract pooled by the order 10938
does not elect to participate in the risk and cost of the drilling 10939
and operation of a well, the mineral rights owner shall be 10940
designated as a nonparticipating owner in the drilling and 10941
operation of the well on a limited or carried basis and is subject 10942
to terms and conditions determined by the chief to be just and 10943
reasonable. In addition, if ana mineral rights owner is 10944
designated as a nonparticipating owner, the mineral rights owner 10945
is not liable for actions or conditions associated with the 10946
drilling or operation of the well. If the applicant bears the 10947
costs of drilling, equipping, and operating a well for the benefit 10948
of a nonparticipating owner, as provided for in the pooling order, 10949
then the applicant shall be entitled to the share of production 10950
from the drilling unit accruing to the interest of that 10951
nonparticipating owner, exclusive of the nonparticipating owner's 10952
proportionate share of the royalty interest until there has been 10953
received the share of costs charged to that nonparticipating owner 10954
plus such additional percentage of the share of costs as the chief 10955
shall determine. The total amount receivable hereunder shall in no 10956
event exceed two hundred per cent of the share of costs charged to 10957
that nonparticipating owner. After receipt of that share of costs 10958
by such an applicant, a nonparticipating owner shall receive a 10959
proportionate share of the working interest in the well in 10960
addition to a proportionate share of the royalty interest, if any.10961

       If there is a dispute as to costs of drilling, equipping, or 10962
operating a well, the chief shall determine those costs.10963

       Sec. 1509.33.  (A) Whoever violates sections 1509.01 to 10964
1509.31 of the Revised Code, or any rules adopted or orders or 10965
terms or conditions of a permit or registration certificate issued 10966
pursuant to these sections for which no specific penalty is 10967
provided in this section, shall pay a civil penalty of not more 10968
than fourten thousand dollars for each offense.10969

       (B) Whoever violates section 1509.221 of the Revised Code or 10970
any rules adopted or orders or terms or conditions of a permit 10971
issued thereunder shall pay a civil penalty of not more than two10972
ten thousand five hundred dollars for each violation.10973

       (C) Whoever violates division (D) of section 1509.22 or 10974
division (A)(1) of section 1509.222 of the Revised Code shall pay 10975
a civil penalty of not less than two thousand five hundred dollars 10976
nor more than twenty thousand dollars for each violation.10977

       (D) Whoever violates division (A) of section 1509.22 of the 10978
Revised Code shall pay a civil penalty of not less than two 10979
thousand five hundred dollars nor more than ten thousand dollars 10980
for each violation.10981

       (E) Whoever violates division (A) of section 1509.223 of the 10982
Revised Code shall pay a civil penalty of not more than ten 10983
thousand dollars for each violation.10984

       (F) Whoever violates section 1509.072 of the Revised Code or 10985
any rules adopted or orders issued to administer, implement, or 10986
enforce that section shall pay a civil penalty of not more than 10987
five thousand dollars for each violation.10988

       (G) In addition to any other penalties provided in this 10989
chapter, whoever violates section 1509.05, section 1509.21,10990
division (B) of section 1509.22, or division (A)(1) of section 10991
1509.222 of the Revised Code or a term or condition of a permit or 10992
an order issued by the chief of the division of oil and gas 10993
resources management under this chapter or knowingly violates 10994
division (A) of section 1509.223 of the Revised Code is liable for 10995
any damage or injury caused by the violation and for the cost of 10996
rectifying the violation and conditions caused by the violation. 10997
If two or more persons knowingly violate one or more of those 10998
divisions in connection with the same event, activity, or 10999
transaction, they are jointly and severally liable under this 11000
division.11001

       (H) The attorney general, upon the request of the chief of 11002
the division of oil and gas resources management, shall commence 11003
an action under this section against any person who violates 11004
sections 1509.01 to 1509.31 of the Revised Code, or any rules 11005
adopted or orders or terms or conditions of a permit or 11006
registration certificate issued pursuant to these sections. Any 11007
action under this section is a civil action, governed by the Rules 11008
of Civil Procedure and other rules of practice and procedure 11009
applicable to civil actions. The remedy provided in this division 11010
is cumulative and concurrent with any other remedy provided in 11011
this chapter, and the existence or exercise of one remedy does not 11012
prevent the exercise of any other, except that no person shall be 11013
subject to both a civil penalty under division (A), (B), (C), or 11014
(D) of this section and a criminal penalty underfine established 11015
in section 1509.99 of the Revised Code for the same offense.11016

       (I) For purposes of this section, each day of violation 11017
constitutes a separate offense.11018

       Sec. 1509.34. (A)(1) If an owner fails to pay the fees 11019
imposed by this chapter, or if the chief of the division of oil 11020
and gas resources management incurs costs under division (E) of 11021
section 1509.071 of the Revised Code to correct conditions 11022
associated with the owner's well that the chief reasonably has 11023
determined are causing imminent health or safety risks, the 11024
division of oil and gas resources management shall have a priority 11025
lien against that owner's interest in the applicable well in front 11026
of all other creditors for the amount of any such unpaid fees and 11027
costs incurred. The chief shall file a statement in the office of 11028
the county recorder of the county in which the applicable well is 11029
located of the amount of the unpaid fees and costs incurred as 11030
described in this division. The statement shall constitute a lien 11031
on the owner's interest in the well as of the date of the filing. 11032
The lien shall remain in force so long as any portion of the lien 11033
remains unpaid or until the chief issues a certificate of release 11034
of the lien. If the chief issues a certificate of release of the 11035
lien, the chief shall file the certificate of release in the 11036
office of the applicable county recorder.11037

       (2) A lien imposed under division (A)(1) of this section 11038
shall be in addition to any lien imposed by the attorney general 11039
for failure to pay the assessment imposed by section 1509.50 of 11040
the Revised Code or the tax levied under division (A)(5) or (6) or 11041
(B) of section 5749.02 of the Revised Code, as applicable.11042

       (3) If the attorney general cannot collect from a severer or 11043
an owner for an outstanding balance of amounts due under section 11044
1509.50 of the Revised Code or of unpaid taxes levied under 11045
division (A)(5) or (6) or (B) of section 5749.02 of the Revised 11046
Code, as applicable, the tax commissioner may request the chief to 11047
impose a priority lien against the owner's interest in the 11048
applicable well. Such a lien has priority in front of all other 11049
creditors.11050

       (B) The chief promptly shall issue a certificate of release 11051
of a lien under either of the following circumstances:11052

       (1) Upon the repayment in full of the amount of unpaid fees 11053
imposed by this chapter or costs incurred by the chief under 11054
division (E) of section 1509.071 of the Revised Code to correct 11055
conditions associated with the owner's well that the chief 11056
reasonably has determined are causing imminent health or safety 11057
risks;11058

       (2) Any other circumstance that the chief determines to be in 11059
the best interests of the state.11060

       (C) The chief may modify the amount of a lien under this 11061
section. If the chief modifies a lien, the chief shall file a 11062
statement in the office of the county recorder of the applicable 11063
county of the new amount of the lien.11064

       (D) An owner regarding which the division has recorded a lien 11065
against the owner's interest in a well in accordance with this 11066
section shall not transfer a well, lease, or mineral rights to 11067
another owner or person until the chief issues a certificate of 11068
release for each lien against the owner's interest in the well.11069

       (E) All money from the collection of liens under this section 11070
shall be deposited in the state treasury to the credit of the oil 11071
and gas well fund created in section 1509.02 of the Revised Code.11072

       Sec. 1509.99.  (A) Whoever violates sections 1509.01 to 11073
1509.31 of the Revised Code or any rules adopted or orders or 11074
terms or conditions of a permit issued pursuant to these sections 11075
for which no specific penalty is provided in this section shall be 11076
fined not less than onefive hundred nor more than onefive11077
thousand dollars and imprisoned for not more than six months for a 11078
first offense; for each subsequent offense the person shall be 11079
fined not less than two hundredone thousand nor more than twoten11080
thousand dollars and imprisoned for not more than one year.11081

       (B) Whoever violates section 1509.221 of the Revised Code or 11082
any rules adopted or orders or terms or conditions of a permit 11083
issued thereunder shall be fined not more than five thousand 11084
dollars for each day of each violation.11085

       (C) Whoever knowingly violates section 1509.072, division 11086
(A), (B), or (D) of section 1509.22, division (A)(1) or (C) of 11087
section 1509.222, or division (A) or (D) of section 1509.223 of 11088
the Revised Code or any rules adopted or orders issued under 11089
division (C) of section 1509.22 or rules adopted or orders or 11090
terms or conditions of a registration certificate issued under 11091
division (E)(F) of section 1509.222 of the Revised Code is guilty 11092
of a felony and shall be fined not less than ten thousand dollars 11093
nor more than fifty thousand dollars or imprisoned for six months11094
three years, or both for a first offense; for each subsequent 11095
offense the person shall be fined not less than twenty thousand 11096
dollars nor more than one hundred thousand dollars or imprisoned 11097
for twosix years, or both. Whoever negligently violates those 11098
divisions, sections, rules, orders, or terms or conditions of a 11099
registration certificate is guilty of a felony and shall be fined 11100
not moreless than five thousand dollars nor more than twenty-five 11101
thousand dollars or imprisoned for not more than one year, or 11102
both; for each subsequent offense the person shall be fined not 11103
less than ten thousand dollars nor more than fifty thousand 11104
dollars or imprisoned for two years, or both.11105

       (D) Whoever negligently violates division (C) of section 11106
1509.223 of the Revised Code shall be fined not more than five 11107
hundredone thousand dollars for a first offense and not more than 11108
oneten thousand dollars for a subsequent offense.11109

       (E) If a person is convicted of or pleads guilty to a 11110
violation of any section of this chapter, in addition to the 11111
financial sanctions authorized by this chapter or section 2929.18 11112
or 2929.28 or any other section of the Revised Code, the court 11113
imposing the sentence on the person may order the person to 11114
reimburse the state agency or a political subdivision for any 11115
response costs that it incurred in responding to the violation, 11116
including the cost of rectifying the violation and conditions 11117
caused by the violation.11118

       (F) The prosecuting attorney of the county in which the 11119
offense was committed or the attorney general may prosecute an 11120
action under this section.11121

       (F)(G) For purposes of this section, each day of violation 11122
constitutes a separate offense.11123

       Sec. 1511.01. For the purposes ofAs used in this chapter:11124

       (A) "Conservation" means the wise use and management of 11125
natural resources.11126

       (B) "Critical natural resource area" means an area identified 11127
by the director of natural resources in which occurs a natural 11128
resource that requires special management because of its 11129
importance to the well-being of the surrounding communities, the 11130
region, or the state.11131

       (C) "PollutionErosion and sediment abatement practice" means 11132
any erosion control or animal waste pollution abatement facility,11133
and sediment reduction structure, practice, or procedure and the 11134
design, operation, and management associated with it as contained 11135
in operation and management plans developed or approved by the 11136
chief of the division of soil and water resources or by boards of 11137
supervisors of soil and water conservation districts established 11138
under Chapter 1515. of the Revised Code.11139

       (D) "AgriculturalSediment pollution" means failure to use 11140
management or conservation practices in farming or silvicultural 11141
operations to abate wind or water erosion of the soil or to abate11142
that may result in the degradation of the waters of the state by 11143
animal waste or soil sediment, including attached substances 11144
attached thereto.11145

       (E) "Waters of the state" means all streams, lakes, ponds, 11146
wetlands, watercourses, waterways, wells, springs, irrigation 11147
systems, drainage systems, and all other bodies or accumulations 11148
of water, surface and underground, natural or artificial, 11149
regardless of the depth of the strata in which underground water 11150
is located, that are situated wholly or partly within, or border 11151
upon, this state or are within its jurisdiction, except those 11152
private waters that do not combine or effect a junction with 11153
natural surface or underground waters.11154

       (F) "Operation and management plan" means a written record, 11155
developed or approved by the district board of supervisors of a 11156
soil and water conservation district or the chief, for the owner 11157
or operator of agricultural land or a concentrated animal feeding 11158
operation that contains implementation schedules and operational 11159
procedures for a level of management and pollutionerosion and 11160
sediment abatement practices that will abate the degradation of 11161
the waters of the state by animal waste and by soil sediment,11162
including attached pollutants.11163

       (G) "Animal waste" means animal excreta, discarded products, 11164
bedding, wash waters, waste feed, and silage drainage. "Animal 11165
waste" also includes the compost products resulting from the 11166
composting of dead animals in operations subject to section 11167
1511.022 of the Revised Code when either of the following applies:11168

       (1) The composting is conducted by the person who raises the 11169
animals and the compost product is used in agricultural operations 11170
owned or operated by that person, regardless of whether the person 11171
owns the animals;11172

       (2) The composting is conducted by the person who owns the 11173
animals, but does not raise them and the compost product is used 11174
in agricultural operations either by a person who raises the 11175
animals or by a person who raises grain that is used to feed them 11176
and that is supplied by the owner of the animals.11177

       (H) "Composting" means the controlled decomposition of 11178
organic solid material consisting of dead animals that stabilizes 11179
the organic fraction of the material"Soil erosion management 11180
plan" means a written record, developed or approved by the board 11181
of supervisors of a soil and water conservation district or the 11182
chief, that may contain implementation schedules and operational 11183
procedures for a level of land and water management that will 11184
abate wind or water erosion of the soil or abate the degradation 11185
of the waters of the state by sediment from agricultural 11186
operations.11187

        (H) "Soil and water conservation district" has the same 11188
meaning as in section 1515.01 of the Revised Code.11189

       (I) "Timber harvest plan" means a written record, developed 11190
or approved by the board of supervisors of a soil and water 11191
conservation district or the chief, that may contain 11192
implementation schedules and operational procedures for a level of 11193
land and water management that will abate wind or water erosion of 11194
the soil or abate the degradation of the waters of the state by 11195
sediment from timber operations.11196

       Sec. 1511.02.  The chief of the division of soil and water 11197
resources, subject to the approval of the director of natural 11198
resources, shall do all of the following:11199

       (A) Provide administrative leadership to local soil and water 11200
conservation districts in planning, budgeting, staffing, and 11201
administering district programs and the training of district 11202
supervisors and personnel in their duties, responsibilities, and 11203
authorities as prescribed in this chapter and Chapter 1515. of the 11204
Revised Code;11205

       (B) Administer this chapter and Chapter 1515. of the Revised 11206
Code pertaining to state responsibilities and provide staff 11207
assistance to the Ohio soil and water conservation commission in 11208
exercising its statutory responsibilities;11209

       (C) Assist in expediting state responsibilities for watershed 11210
development and other natural resource conservation works of 11211
improvement;11212

       (D) Coordinate the development and implementation of 11213
cooperative programs and working agreements between local soil and 11214
water conservation districts and divisions or sections of the 11215
department of natural resources, or other agencies of local, 11216
state, and federal government;11217

       (E) Subject to the approval of the Ohio soil and water 11218
conservation commission, adopt, amend, or rescind rules pursuant 11219
to Chapter 119. of the Revised Code. Rules adopted pursuant to 11220
this section:11221

       (1) Shall establish technically feasible and economically 11222
reasonable standards to achieve a level of management and 11223
conservation practices in farming or silvicultural operations that 11224
will abate wind or water erosion of the soil or abate the 11225
degradation of the waters of the state by animal waste or by soil 11226
sediment, including attached substances attached thereto, and 11227
establish criteria for determination of the acceptability of such 11228
management and conservation practices;11229

       (2) Shall establish technically feasible and economically 11230
reasonable standards to achieve a level of management and 11231
conservation practices that will abate wind or water erosion of 11232
the soil or abate the degradation of the waters of the state by 11233
soil sediment in conjunction with land grading, excavating, 11234
filling, or other soil-disturbing activities on land used or being 11235
developed for nonfarm commercial, industrial, residential, or 11236
other nonfarm purposes, and establish criteria for determination 11237
of the acceptability of such management and conservation 11238
practices. The standards shall be designed to implement applicable 11239
areawide waste treatment management plans prepared under section 11240
208 of the "Federal Water Pollution Control Act," 86 Stat. 816 11241
(1972), 33 U.S.C.A. 1288, as amended. The standards and criteria 11242
shall not apply in any municipal corporation or county that adopts 11243
ordinances or rules pertaining to sediment control, nor to lands 11244
being used in a strip mine operation as defined in section 1513.01 11245
of the Revised Code, nor to lands being used in a surface mining 11246
operation as defined in section 1514.01 of the Revised Code.11247

       (3) May recommend criteria and procedures for the approval of 11248
urban sediment pollution abatement plans and issuance of permits 11249
prior to any grading, excavating, filling, or other whole or 11250
partial disturbance of five or more contiguous acres of land owned 11251
by one person or operated as one development unit and require 11252
implementation of such a plan. Areas of less than five contiguous 11253
acres are not exempt from compliance with other provisions of this 11254
chapter and rules adopted under them.11255

       (4) Shall establish procedures for administration of rules 11256
for agriculturalsediment pollution abatement and urban sediment 11257
pollution abatement and for enforcement of rules for agricultural 11258
pollution abatement;11259

       (5) Shall specify the pollutionerosion and sediment11260
abatement practices eligible for state cost sharing and determine 11261
the conditions for eligibility, the construction standards and 11262
specifications, the useful life, the maintenance requirements, and 11263
the limits of cost sharing for those practices. Eligible practices 11264
shall be limited to practices that address agricultural or 11265
silvicultural operations and that require expenditures that are 11266
likely to exceed the economic returns to the owner or operator and 11267
that abate soil erosion or degradation of the waters of the state 11268
by animal waste or soil sediment, including attached pollutants 11269
attached thereto.11270

       (6) Shall establish procedures for administering grants to 11271
owners or operators of agricultural land or concentrated animal 11272
feeding operations for the implementation of operation and 11273
management plans;11274

       (7) Shall establish procedures for administering grants to 11275
soil and water conservation districts for urban sediment pollution 11276
abatement programs, specify the types of projects eligible for 11277
grants, establish limits on the availability of grants, and 11278
establish requirements governing the execution of projects to 11279
encourage the reduction of erosion and sedimentation associated 11280
with soil-disturbing activities;11281

       (8) Shall do all of the following with regard to composting 11282
conducted in conjunction with agricultural operations:11283

       (a) Provide for the distribution of educational material 11284
concerning composting to the offices of OSU extension for the 11285
purposes of section 1511.022 of the Revised Code;11286

       (b) Establish methods, techniques, or practices for 11287
composting dead animals, or particular types of dead animals, that 11288
are to be used at such operations, as the chief considers to be 11289
necessary or appropriate;11290

       (c) Establish requirements and procedures governing the 11291
review and approval or disapproval of composting plans by the 11292
supervisors of soil and water conservation districts under 11293
division (Q) of section 1515.08 of the Revised Code.11294

       (9) Shall be adopted, amended, or rescinded after the chief 11295
does all of the following:11296

       (a) Mails notice to each statewide organization that the 11297
chief determines represents persons or local governmental agencies 11298
who would be affected by the proposed rule, amendment thereto, or 11299
rescission thereof at least thirty-five days before any public 11300
hearing thereon;11301

       (b) Mails a copy of each proposed rule, amendment thereto, or 11302
rescission thereof to any person who requests a copy, within five 11303
days after receipt of the request;11304

       (c) Consults with appropriate state and local governmental 11305
agencies or their representatives, including statewide 11306
organizations of local governmental officials, industrial 11307
representatives, and other interested persons;11308

       (d) If the rule relates to agricultural pollution abatement, 11309
develops an economic impact statement concerning the effect of the 11310
proposed rule or amendment.11311

       (10)(9) Shall not conflict with air or water quality 11312
standards adopted pursuant to section 3704.03 or 6111.041 of the 11313
Revised Code. Compliance with rules adopted pursuant to this 11314
section does not affect liability for noncompliance with air or 11315
water quality standards adopted pursuant to section 3704.03 or 11316
6111.041 of the Revised Code. The application of a level of 11317
management and conservation practices recommended under this 11318
section to control windblown soil from farming operations creates 11319
a presumption of compliance with section 3704.03 of the Revised 11320
Code as that section applies to windblown soil.11321

       (11)(10) Insofar as the rules relate to urban sediment 11322
pollution, shall not be applicable in a municipal corporation or 11323
county that adopts ordinances or rules for urban sediment control, 11324
except that a municipal corporation or county that adopts such 11325
ordinances or rules may receive moneys for urban sediment control 11326
that are disbursed by the board of supervisors of the applicable 11327
soil and water conservation district under division (N)(O) of 11328
section 1515.08 of the Revised Code. The rules shall not exempt 11329
any person from compliance with municipal ordinances enacted 11330
pursuant to Section 3 of Article XVIII, Ohio Constitution.11331

       (F) Cost share with landowners on practices established 11332
pursuant to division (E)(5) of this section as moneys are 11333
appropriated and available for that purpose. Any practice for 11334
which cost share is provided shall be maintained for its useful 11335
life. Failure to maintain a cost share practice for its useful 11336
life shall subject the landowner to full repayment to the 11337
division.11338

       (G) Issue orders requiring compliance with any rule adopted 11339
under division (E)(1) of this section or with section 1511.022 of 11340
the Revised Code. Before the chief issues an order, the chief 11341
shall afford each person allegedly liable an adjudication hearing 11342
under Chapter 119. of the Revised Code. The chief may require in 11343
an order that a person who has caused agriculturalsediment11344
pollution by failure to comply with the standards established 11345
under division (E)(1) of this section operate under an operation 11346
and management plan approved by the chief under this section. The 11347
chief shall require in an order that a person who has failed to 11348
comply with division (A) of section 1511.022 of the Revised Code 11349
prepare a composting plan in accordance with rules adopted under 11350
division (E)(10)(c) of this section and operate in accordance with 11351
that plan or that a person who has failed to operate in accordance 11352
with such a plan begin to operate in accordance with it. Each 11353
order shall be issued in writing and contain a finding by the 11354
chief of the facts upon which the order is based and the standard 11355
that is not being met.11356

       (H) Employ field assistants and such other employees as are 11357
necessary for the performance of the work prescribed by Chapter 11358
1515. of the Revised Code, for performance of work of the 11359
division, and as agreed to under working agreements or contractual 11360
arrangements with local soil and water conservation districts, 11361
prescribe their duties, and fix their compensation in accordance 11362
with such schedules as are provided by law for the compensation of 11363
state employees.11364

       All employees of the division, unless specifically exempted 11365
by law, shall be employed subject to the classified civil service 11366
laws in force at the time of employment.11367

       (I) In connection with new or relocated projects involving 11368
highways, underground cables, pipelines, railroads, and other 11369
improvements affecting soil and water resources, including surface 11370
and subsurface drainage:11371

       (1) Provide engineering service as is mutually agreeable to 11372
the Ohio soil and water conservation commission and the director 11373
to aid in the design and installation of soil and water 11374
conservation practices as a necessary component of such projects;11375

       (2) Maintain close liaison between the owners of lands on 11376
which the projects are executed, local soil and water conservation 11377
districts, and authorities responsible for such projects;11378

       (3) Review plans for such projects to ensure their compliance 11379
with standards developed under division (E) of this section in 11380
cooperation with the department of transportation or with any 11381
other interested agency that is engaged in soil or water 11382
conservation projects in the state in order to minimize adverse 11383
impacts on soil and water resources adjacent to or otherwise 11384
affected by these projects;11385

       (4) Recommend measures to retard erosion and protect soil and 11386
water resources through the installation of water impoundment or 11387
other soil and water conservation practices;11388

       (5) Cooperate with other agencies and subdivisions of the 11389
state to protect the agricultural status of rural lands adjacent 11390
to such projects and control adverse impacts on soil and water 11391
resources.11392

       (J) Collect, analyze, inventory, and interpret all available 11393
information pertaining to the origin, distribution, extent, use, 11394
and conservation of the soil resources of the state;11395

       (K) Prepare and maintain up-to-date reports, maps, and other 11396
materials pertaining to the soil resources of the state and their 11397
use and make that information available to governmental agencies, 11398
public officials, conservation entities, and the public;11399

       (L) Provide soil and water conservation districts with 11400
technical assistance, including on-site soil investigations and 11401
soil interpretation reports on the suitability or limitations of 11402
soil to support a particular use or to plan soil conservation 11403
measures. The assistance shall be upon such terms as are mutually 11404
agreeable to the districts and the department of natural 11405
resources.11406

       (M) Assist local government officials in utilizing land use 11407
planning and zoning, current agricultural use value assessment, 11408
development reviews, and land management activities;11409

       (N) When necessary for the purposes of this chapter or 11410
Chapter 1515. of the Revised Code, develop or approve operation 11411
and management plans.11412

       This section does not restrict the excrement of domestic or 11413
farm animals defecated on land outside a concentrated animal 11414
feeding operation or runoff therefrom into the waters of the 11415
state.11416

       Sec. 1511.021.  (A)(1) Any person who owns or operates 11417
agricultural land or a concentrated animal feeding operation may 11418
develop and operate under an operation and management plan 11419
approved by the chief of the division of soil and water resources 11420
under section 1511.02 of the Revised Code or by the supervisors of 11421
the localapplicable soil and water conservation district under 11422
section 1515.08 of the Revised Code.11423

       (2) An operation and management plan developed under division 11424
(A)(1) of this section, developed by the chief under section 11425
1511.02 of the Revised Code or by the supervisors of a soil and 11426
water conservation district under section 1515.08 of the Revised 11427
Code, or required by an order issued by the chief under division 11428
(G) of section 1511.02 of the Revised Code may include a soil 11429
erosion management plan, a timber harvest plan, or both.11430

       (B) Any person who wishes to make a complaint regarding 11431
nuisances involving agriculturalsediment pollution may do so 11432
orally or by submitting a written, signed, and dated complaint to 11433
the chief or to the chief's designee. After receiving an oral 11434
complaint, the chief or the chief's designee may cause an 11435
investigation to be conducted to determine whether agricultural11436
sediment pollution has occurred or is imminent. After receiving a 11437
written, signed, and dated complaint, the chief or the chief's 11438
designee shall cause such an investigation to be conducted.11439

       (C) In a private civil action for nuisances involving 11440
agriculturalsediment pollution, it is an affirmative defense if 11441
the person owning, operating, or otherwise responsible for 11442
agricultural land or a concentrated animal feeding operation is 11443
operating under and in substantial compliance with an approved 11444
operation and management plan developed under division (A) of this 11445
section, with an operation and management plan developed by the 11446
chief under section 1511.02 of the Revised Code or by the 11447
supervisors of the localapplicable soil and water conservation 11448
district under section 1515.08 of the Revised Code, or with an 11449
operation and management plan required by an order issued by the 11450
chief under division (G) of section 1511.02 of the Revised Code. 11451
Nothing in this section is in derogation of the authority granted 11452
to the chief in division (E) of section 1511.02 and in section 11453
1511.07 of the Revised Code.11454

       Sec. 1511.023.  (A) Except as provided in division (B) of 11455
this section, the director of natural resources, an employee of 11456
the department of natural resources, the supervisors of a soil and 11457
water conservation district, an employee of a district, and a 11458
contractor of the department or a district shall not disclose 11459
either of the following:11460

       (1) Information, including data from geographic information 11461
systems and global positioning systems, provided by a person who 11462
owns or operates agricultural land and operates under an operation 11463
and management plan;11464

       (2) Information gathered as a result of an inspection of 11465
agricultural land to determine whether the person who owns or 11466
operates the land is in compliance with an operation and 11467
management plan.11468

       (B) The director or the supervisors of a district may release 11469
or disclose information specified in division (A)(1) or (2) of 11470
this section to a person or a federal, state, or local agency 11471
working in cooperation with the chief of the division of soil and 11472
water resources or the supervisors in the development of an 11473
operation and management plan or an inspection to determine 11474
compliance with such a plan if the director or supervisors 11475
determine that the person or federal, state, or local agency will 11476
not subsequently disclose the information to another person.11477

       Sec. 1511.05.  The chief of the division of soil and water 11478
resources, subject to approval of the terms of the agreement by 11479
the Ohio soil and water conservation commission, shall enter into 11480
cooperative agreements with the board of supervisors of any soil 11481
and water conservation district desiring to enter into such 11482
agreements pursuant to section 1515.08 of the Revised Code. Such 11483
agreements shall be entered into to obtain compliance with rules 11484
and orders of the chief pertaining to agriculturalsediment11485
pollution abatement and urban sediment pollution abatement.11486

       The chief or any person designated by the chief may upon 11487
obtaining agreement with the owner, tenant, or manager of any 11488
land, public or private, enter thereon to make inspections to 11489
determine whether or not there is compliance with the rules 11490
adopted under division (E)(1) of section 1511.02 of the Revised 11491
Code. Upon reason to believe there is a violation, the chief or 11492
the chief's designee may apply for and a judge of the court of 11493
common pleas for the county where the land is located may issue an 11494
appropriate inspection warrant as necessary to achieve the 11495
purposes of this chapter.11496

       Sec. 1511.07.  (A)(1) No person shall fail to comply with an 11497
order of the chief of the division of soil and water resources 11498
issued pursuant to division (G) of section 1511.02 of the Revised 11499
Code.11500

       (2) In addition to the remedies provided and irrespective of 11501
whether an adequate remedy at law exists, the chief may apply to 11502
the court of common pleas in the county where a violation of a 11503
standard established under division (E)(1) or (8)(b) of section 11504
1511.02 of the Revised Code causes pollution of the waters of the 11505
state for an order to compel the violator to cease the violation 11506
and to remove the agricultural pollutant or to comply with the 11507
rules adopted under division (E)(8)(b) of that section, as 11508
appropriatecomply with the standards established under that 11509
division.11510

       (3) In addition to the remedies provided and irrespective of 11511
whether an adequate remedy at law exists, whenever the chief 11512
officially determines that an emergency exists because of an 11513
unauthorized release, spill, or discharge of animal waste, or a 11514
violation of a rule adopted under division (E)(8)(b) of section 11515
1511.02 of the Revised Code,sediment pollution that causes 11516
pollution of the waters of the state, the chief may, without 11517
notice or hearing, issue an order reciting the existence of the 11518
emergency and requiring that necessary action be taken to meet the 11519
emergency. The order shall be effective immediately. Any person to 11520
whom the order is directed shall comply with the order 11521
immediately, but on application to the chief shall be afforded a 11522
hearing as soon as possible, but not later than twenty days after 11523
making the application. On the basis of the hearing, the chief 11524
shall continue the order in effect, revoke it, or modify it. No 11525
emergency order shall remain in effect for more than sixty days 11526
after its issuance. If a person to whom an order is issued does 11527
not comply with the order within a reasonable period, as 11528
determined by the chief, the chief or the chief's designee may 11529
enter upon private or public lands and take action to mitigate, 11530
minimize, remove, or abate the release, spill, discharge, or 11531
conditions caused by the violation of the rulesediment pollution.11532

       (B) The attorney general, upon the written request of the 11533
chief, shall bring appropriate legal action in Franklin county 11534
against any person who fails to comply with an order of the chief 11535
issued pursuant to division (G) of section 1511.02 of the Revised 11536
Code.11537

       Sec. 1511.09.  The soil and water resources administration 11538
fund is hereby created in the state treasury. The fund shall 11539
consist of money credited to it from all fines, penalties, costs, 11540
and damages, except court costs, that are collected either by the 11541
chief of the division of soil and water resources or the attorney 11542
general in consequence of any violation of this chapter or rules 11543
adopted or orders issued under it. The chief shall use money in 11544
the fund to administer and enforce this chapter and rules adopted 11545
under it. 11546

       Sec. 1511.99.  Whoever violates division (A) of section 11547
1511.07 of the Revised Code is guilty of a misdemeanor of the 11548
first degree. Each day of violation is a separate offense. In 11549
addition to the penalty provided in this division, the sentencing 11550
court may assess damages in an amount equal to the costs of 11551
reclaiming, restoring, or otherwise repairing any damage to public 11552
or private property caused by any violation of division (A) of 11553
section 1511.07 of the Revised Code. All fines and moneys assessed 11554
as damages under this section shall be paid into the agricultural 11555
pollution abatementsoil and water resources administration fund 11556
created in section 1511.0711511.09 of the Revised Code.11557

       Sec. 1515.01.  As used in this chapter:11558

       (A) "Soil and water conservation district" means a district 11559
organized in accordance with this chapter.11560

       (B) "Supervisor" means one of the members of the governing 11561
body of a district.11562

       (C) "Landowner," "owner," or "owner of land" means an owner 11563
of record as shown by the records in the office of the county 11564
recorder. With respect to an improvement or a proposed 11565
improvement, "landowner," "owner," or "owner of land" also 11566
includes any public corporation and the director of any 11567
department, office, or institution of the state that is affected 11568
by the improvement or that would be affected by the proposed 11569
improvement, but that does not own any right, title, estate, or 11570
interest in or to any real property.11571

       (D) "Land occupier" or "occupier of land" means any person, 11572
firm, or corporation that controls the use of land whether as 11573
landowner, lessee, renter, or tenant.11574

       (E) "Due notice" means notice published at least twice, 11575
stating time and place, with an interval of at least thirteen days 11576
between the two publication dates, in a newspaper of general 11577
circulation within a soil and water conservation district.11578

       (F) "Agricultural pollution" means failure to use management 11579
or conservation practices in farming or silvicultural operations 11580
to abate wind or water erosion of the soil or to abate the 11581
degradation of the waters of the state by animal waste or soil 11582
sediment including substances attached thereto.11583

       (G) "Urban sediment pollution" means failure to use 11584
management or conservation practices to abate wind or water 11585
erosion of the soil or to abate the degradation of the waters of 11586
the state by soil sediment in conjunction with land grading, 11587
excavating, filling, or other soil disturbing activities on land 11588
used or being developed for nonfarm commercial, industrial, 11589
residential, or other nonfarm purposes, except lands being used in 11590
a strip mine operation as defined in section 1513.01 of the 11591
Revised Code and except lands being used in a surface mining 11592
operation as defined in section 1514.01 of the Revised Code.11593

       (H)(G) "Uniform assessment" means an assessment that is both 11594
of the following:11595

       (1) Based upon a complete appraisal of each parcel of land, 11596
together with all improvements thereon, within a project area and 11597
of the benefits or damages brought about as a result of the 11598
project that is determined by criteria applied equally to all 11599
parcels within the project area; 11600

       (2) Levied upon the parcels at a uniform rate on the basis of 11601
the appraisal.11602

       (I)(H) "Varied assessment" means any assessment that does not 11603
meet the criteria established in division (H)(G) of this section.11604

       (J)(I) "Project area" means an area determined and certified 11605
by the supervisors of a soil and water conservation district under 11606
section 1515.19 of the Revised Code.11607

       (K)(J) "Benefit" or "benefits" means advantages to land and 11608
owners, to public corporations, and to the state resulting from 11609
drainage, conservation, control, and management of water and from 11610
environmental, wildlife, and recreational improvements. "Benefit" 11611
or "benefits" includes, but is not limited to, any of the 11612
following factors:11613

       (1) Elimination or reduction of damage from flooding;11614

       (2) Removal of water conditions that jeopardize public 11615
health, safety, or welfare;11616

       (3) Increased value of land resulting from an improvement;11617

       (4) Use of water for irrigation, storage, regulation of 11618
stream flow, soil conservation, water supply, or any other 11619
incidental purpose;11620

       (5) Providing an outlet for the accelerated runoff from 11621
artificial drainage if a stream, watercourse, channel, or ditch 11622
that is under improvement is called upon to discharge functions 11623
for which it was not designed. Uplands that have been removed from 11624
their natural state by deforestation, cultivation, artificial 11625
drainage, urban development, or other human methods shall be 11626
considered to be benefited by an improvement that is required to 11627
dispose of the accelerated flow of water from the uplands.11628

       (L)(K) "Improvement" or "conservation works of improvement" 11629
means an improvement that is made under the authority established 11630
in division (C) of section 1515.08 of the Revised Code.11631

       (M)(L) "Land" has the same meaning as in section 6131.01 of 11632
the Revised Code.11633

       (M) "Agricultural pollution," "animal feeding operation," and 11634
"nutrient management plan" have the same meanings as in section 11635
939.01 of the Revised Code.11636

        (N) "Operation and management plan" and "sediment pollution" 11637
have the same meanings as in section 1511.01 of the Revised Code.11638

       Sec. 1515.02.  There is hereby established in the department 11639
of natural resources the Ohio soil and water conservation 11640
commission. The commission shall consist of seven members of equal 11641
status and authority, foursix of whom shall be appointed by the 11642
governor with the advice and consent of the senate, and one of 11643
whom shall be designated by resolution of the board of directors 11644
of the Ohio federation of soil and water conservation districts. 11645
The other two members shall be the directordirectors of 11646
agriculture and, environmental protection, and natural resources,11647
the vice-president for agricultural administration of the Ohio 11648
state university. The director of natural resources may 11649
participate in the deliberations, and an officer of the Ohio 11650
federation of soil and water conservation districts, or their 11651
designees, may serve as ex officio members of the commission, but 11652
without the power to vote. A vacancy in the office of an appointed 11653
member shall be filled by the governor, with the advice and 11654
consent of the senate. Any member appointed to fill a vacancy 11655
occurring prior to the expiration of the term for which the 11656
member's predecessor was appointed shall hold office for the 11657
remainder of that term. Of the appointed members, two shall be 11658
farmers and allfour shall be persons who have a knowledge of or 11659
interest in agricultural production and the natural resources of 11660
the state. One member shall represent rural interests and one 11661
member shall represent urban interests. Not more than twothree of 11662
the appointed members shall be members of the same political 11663
party.11664

       Terms of office of the member designated by the board of 11665
directors of the federation and the members appointed by the 11666
governor shall be for four years, commencing on the first day of 11667
July and ending on the thirtieth day of June.11668

       Each appointed member shall hold office from the date of 11669
appointment until the end of the term for which the member was 11670
appointed. Any appointed member shall continue in office 11671
subsequent to the expiration date of the member's term until the 11672
member's successor takes office, or until a period of sixty days 11673
has elapsed, whichever occurs first.11674

       The commission shall organize by selecting from its members a 11675
chairperson and a vice-chairperson. The commission shall hold at 11676
least one regular meeting in each quarter of each calendar year 11677
and shall keep a record of its proceedings, which shall be open to 11678
the public for inspection. Special meetings may be called by the 11679
chairperson and shall be called by the chairperson upon receipt of 11680
a written request signed by two or more members of the commission. 11681
Written notice of the time and place of each meeting shall be sent 11682
to each member of the commission. A majority of the commission 11683
shall constitute a quorum.11684

       The commission may adopt rules as necessary to carry out the 11685
purposes of this chapter, subject to Chapter 119. of the Revised 11686
Code.11687

       The governor may remove any appointed member of the 11688
commission at any time for inefficiency, neglect of duty, or 11689
malfeasance in office, after giving to the member a copy of the 11690
charges against the member and an opportunity to be heard publicly 11691
in person or by counsel in the member's defense. Any such act of 11692
removal by the governor is final. A statement of the findings of 11693
the governor, the reason for the governor's action, and the 11694
answer, if any, of the member shall be filed by the governor with 11695
the secretary of state and shall be open to public inspection.11696

       All members of the commission shall be reimbursed for the 11697
necessary expenses incurred by them in the performance of their 11698
duties as members.11699

       Upon recommendation by the commission, the director of 11700
natural resources shall designate an executive secretary and 11701
provide staff necessary to carry out the powers and duties of the 11702
commission. The commission may utilize the services of such staff 11703
members in the college of agriculture of the Ohio state university 11704
as may be agreed upon by the commission and the college.11705

       The commission shall do all of the following:11706

       (A) Determine distribution of funds under section 1515.14 of 11707
the Revised Code, recommend to the director of natural resources 11708
and other agencies the levels of appropriations to special funds 11709
established to assist soil and water conservation districts, and 11710
recommend the amount of federal funds to be requested and policies 11711
for the use of such funds in support of soil and water 11712
conservation district programs;11713

       (B) Assist in keeping the supervisors of soil and water 11714
conservation districts informed of their powers and duties, 11715
program opportunities, and the activities and experience of all 11716
other districts, and facilitate the interchange of advice, 11717
experience, and cooperation between the districts;11718

       (C) Seek the cooperation and assistance of the federal 11719
government or any of its agencies, and of agencies of this state, 11720
in the work of the districts;11721

       (D) Adopt appropriate rules governing the conduct of 11722
elections provided for in this chapter, subject to Chapter 119. of 11723
the Revised Code, provided that only owners and occupiers of lands 11724
situated within the boundaries of the districts or proposed 11725
districts to which the elections apply shall be eligible to vote 11726
in the elections;11727

       (E) Recommend to the director priorities for planning and 11728
construction of small watershed projects, and make recommendations 11729
to the director concerning coordination of programs as proposed 11730
and implemented in agreements with soil and water conservation 11731
districts;11732

       (F) Recommend to the director, the governor, and the general 11733
assembly programs and legislation with respect to the operations 11734
of soil and water conservation districts that will encourage 11735
proper soil, water, and other natural resource management and 11736
promote the economic and social development of the state.11737

       Sec. 1515.08.  The supervisors of a soil and water 11738
conservation district have the following powers in addition to 11739
their other powers:11740

       (A) To conduct surveys, investigations, and research relating 11741
to the character of soil erosion, floodwater and sediment damages, 11742
and the preventive and control measures and works of improvement 11743
for flood prevention and the conservation, development, 11744
utilization, and disposal of water needed within the district, and 11745
to publish the results of those surveys, investigations, or 11746
research, provided that no district shall initiate any research 11747
program except in cooperation or after consultation with the Ohio 11748
agricultural research and development center;11749

       (B) To develop plans for the conservation of soil resources, 11750
for the control and prevention of soil erosion, and for works of 11751
improvement for flood prevention and the conservation, 11752
development, utilization, and disposal of water within the 11753
district, and to publish those plans and information;11754

       (C) To implement, construct, repair, maintain, and operate 11755
preventive and control measures and other works of improvement for 11756
natural resource conservation and development and flood 11757
prevention, and the conservation, development, utilization, and 11758
disposal of water within the district on lands owned or controlled 11759
by this state or any of its agencies and on any other lands within 11760
the district, which works may include any facilities authorized 11761
under state or federal programs, and to acquire, by purchase or 11762
gift, to hold, encumber, or dispose of, and to lease real and 11763
personal property or interests in such property for those 11764
purposes;11765

       (D) To cooperate or enter into agreements with any occupier 11766
of lands within the district in the carrying on of natural 11767
resource conservation operations and works of improvement for 11768
flood prevention and the conservation, development, utilization, 11769
and management of natural resources within the district, subject 11770
to such conditions as the supervisors consider necessary;11771

       (E) To accept donations, gifts, grants, and contributions in 11772
money, service, materials, or otherwise, and to use or expend them 11773
according to their terms;11774

       (F) To adopt, amend, and rescind rules to carry into effect 11775
the purposes and powers of the district;11776

       (G) To sue and plead in the name of the district, and be sued 11777
and impleaded in the name of the district, with respect to its 11778
contracts and, as indicated in section 1515.081 of the Revised 11779
Code, certain torts of its officers, employees, or agents acting 11780
within the scope of their employment or official responsibilities, 11781
or with respect to the enforcement of its obligations and 11782
covenants made under this chapter;11783

       (H) To make and enter into all contracts, leases, and 11784
agreements and execute all instruments necessary or incidental to 11785
the performance of the duties and the execution of the powers of 11786
the district under this chapter, provided that all of the 11787
following apply:11788

       (1) Except as provided in section 307.86 of the Revised Code 11789
regarding expenditures by boards of county commissioners, when the 11790
cost under any such contract, lease, or agreement, other than 11791
compensation for personal services or rental of office space, 11792
involves an expenditure of more than the amount established in 11793
that section regarding expenditures by boards of county 11794
commissioners, the supervisors shall make a written contract with 11795
the lowest and best bidder after advertisement, for not less than 11796
two nor more than four consecutive weeks preceding the day of the 11797
opening of bids, in a newspaper of general circulation within the 11798
district or as provided in section 7.16 of the Revised Code and in 11799
such other publications as the supervisors determine. The notice 11800
shall state the general character of the work and materials to be 11801
furnished, the place where plans and specifications may be 11802
examined, and the time and place of receiving bids.11803

       (2) Each bid for a contract shall contain the full name of 11804
every person interested in it.11805

       (3) Each bid for a contract for the construction, demolition, 11806
alteration, repair, or reconstruction of an improvement shall meet 11807
the requirements of section 153.54 of the Revised Code.11808

       (4) Each bid for a contract, other than a contract for the 11809
construction, demolition, alteration, repair, or reconstruction of 11810
an improvement, at the discretion of the supervisors, may be 11811
accompanied by a bond or certified check on a solvent bank in an 11812
amount not to exceed five per cent of the bid, conditioned that, 11813
if the bid is accepted, a contract shall be entered into.11814

       (5) The supervisors may reject any and all bids.11815

       (I) To make agreements with the department of natural 11816
resources giving it control over lands of the district for the 11817
purpose of construction of improvements by the department under 11818
section 1501.011 of the Revised Code;11819

       (J) To charge, alter, and collect rentals and other charges 11820
for the use or services of any works of the district;11821

       (K) To enter, either in person or by designated 11822
representatives, upon lands, private or public, in the necessary 11823
discharge of their duties;11824

       (L) To enter into agreements or contracts with the department 11825
for the determination, implementation, inspection, and funding of 11826
agriculturalsediment pollution abatement and urban sediment 11827
pollution abatement measures whereby landowners, operators, 11828
managers, and developers may meet adopted state standards for a 11829
quality environment, except that failure of a district board of 11830
supervisors to negotiate an agreement or contract with the 11831
department shall authorize the division of soil and water 11832
resources to implement the required program;11833

       (M) To enter into agreements or contracts with the department 11834
of agriculture for the determination, implementation, inspection, 11835
and funding of agricultural pollution abatement measures whereby 11836
landowners, operators, and managers may meet adopted state 11837
standards for a quality environment, except that failure of a 11838
district board of supervisors to negotiate an agreement or 11839
contract with that department shall authorize the department to 11840
implement the required program;11841

        (N) To conduct demonstrations and provide information to the 11842
public regarding practices and methods for natural resource 11843
conservation, development, and utilization;11844

       (N)(O) To enter into contracts or agreements with the chief 11845
of the division of soil and water resources to implement and 11846
administer a program for urban sediment pollution abatement and to 11847
receive and expend moneys provided by the chief for that purpose;11848

       (O)(P) To develop operation and management plans, as defined 11849
in section 1511.01 of the Revised Code, as necessary;11850

       (P)(Q) To determine whether operation and management plans 11851
developed under division (A) of section 1511.021 of the Revised 11852
Code comply with the standards established under division (E)(1) 11853
of section 1511.02 of the Revised Code and to approve or 11854
disapprove the plans, based on such compliance. If an operation 11855
and management plan is disapproved, the board shall provide a 11856
written explanation to the person who submitted the plan. The 11857
person may appeal the plan disapproval to the chief, who shall 11858
afford the person a hearing. Following the hearing, the chief 11859
shall uphold the plan disapproval or reverse it. If the chief 11860
reverses the plan disapproval, the plan shall be deemed approved 11861
under this division. In the event that any person operating or 11862
owning agricultural land or a concentrated animal feeding 11863
operation in accordance with an approved operation and management 11864
plan who, in good faith, is following that plan, causes 11865
agriculturalsediment pollution, the plan shall be revised in a 11866
fashion necessary to mitigate the agriculturalsediment pollution, 11867
as determined and approved by the board of supervisors of the soil 11868
and water conservation district.11869

       (Q)(R) To develop nutrient management plans as necessary;11870

        (S) To determine whether nutrient management plans developed 11871
under division (A) of section 939.03 of the Revised Code comply 11872
with the standards established in rules adopted under division 11873
(C)(1) of section 939.02 of the Revised Code and to approve or 11874
disapprove the plans based on such compliance. If a nutrient 11875
management plan is disapproved, the board shall provide a written 11876
explanation to the person who submitted the plan. The person may 11877
appeal the plan disapproval to the director of agriculture who 11878
shall afford the person a hearing. Following the hearing, the 11879
director shall uphold the plan disapproval or reverse it. If the 11880
director reverses the plan disapproval, the plan shall be deemed 11881
approved under this division. In the event that a person operating 11882
or owning agricultural land or an animal feeding operation in 11883
accordance with an approved nutrient management plan who, in good 11884
faith, is following that plan causes agricultural pollution, the 11885
plan shall be revised in a manner necessary to mitigate the 11886
agricultural pollution as determined and approved by the board of 11887
supervisors of the soil and water conservation district.11888

        (T) With regard to composting conducted in conjunction with 11889
agricultural operations, to do all of the following:11890

       (1) Upon request or upon their own initiative, inspect 11891
composting at any such operation to determine whether the 11892
composting is being conducted in accordance with section 1511.02211893
939.04 of the Revised Code;11894

       (2) If the board determines that composting is not being so 11895
conducted, request the chiefdirector of agriculture to issue an 11896
order under division(G) of section 1511.02of the Revised Code 11897
requiringtake corrective actions under section 939.09 of the 11898
Revised Code that require the person who is conducting the 11899
composting to prepare a composting plan in accordance with rules 11900
adopted under division (E)(8)(c)(C)(5)(a) of that section 939.02 11901
of the Revised Code and to operate in accordance with that plan or 11902
to operate in accordance with a previously prepared plan, as 11903
applicable;11904

       (3) In accordance with rules adopted under division 11905
(E)(8)(c)(C)(5)(b) of section 1511.02939.02 of the Revised Code, 11906
review and approve or disapprove any such composting plan. If a 11907
plan is disapproved, the board shall provide a written explanation 11908
to the person who submitted the plan.11909

       As used in division (Q)(T) of this section, "composting" has 11910
the same meaning as in section 1511.01939.01 of the Revised Code.11911

       (R)(U) With regard to conservation activities that are 11912
conducted in conjunction with agricultural operations, to assist 11913
the county auditor, upon request, in determining whether a 11914
conservation activity is a conservation practice for purposes of 11915
Chapter 929. or sections 5713.30 to 5713.37 and 5715.01 of the 11916
Revised Code.11917

       As used in this division, "conservation practice" has the 11918
same meaning as in section 5713.30 of the Revised Code.11919

       (S)(V) To do all acts necessary or proper to carry out the 11920
powers granted in this chapter.11921

       The director of natural resources shall make recommendations 11922
to reduce the adverse environmental effects of each project that a 11923
soil and water conservation district plans to undertake under 11924
division (A), (B), (C), or (D) of this section and that will be 11925
funded in whole or in part by moneys authorized under section 11926
1515.16 of the Revised Code and shall disapprove any such project 11927
that the director finds will adversely affect the environment 11928
without equal or greater benefit to the public. The director's 11929
disapproval or recommendations, upon the request of the district 11930
filed in accordance with rules adopted by the Ohio soil and water 11931
conservation commission, shall be reviewed by the commission, 11932
which may confirm the director's decision, modify it, or add 11933
recommendations to or approve a project the director has 11934
disapproved.11935

       Any instrument by which real property is acquired pursuant to 11936
this section shall identify the agency of the state that has the 11937
use and benefit of the real property as specified in section 11938
5301.012 of the Revised Code.11939

       Sec. 1533.081. (A) As used in this section:11940

       (1) "Energy facility" has the same meaning as in section 11941
1551.01 of the Revised Codemeans wind turbines and associated 11942
facilities with a single interconnection to the electrical grid 11943
that are designated for, or capable of, operation at an aggregate 11944
capacity of five or more megawatts.11945

       (2) "Energy facilityIncidental taking" means a facility at 11946
which energy is producedthe killing or injuring of a wild animal 11947
occurring by chance or without intention.11948

       (B) A person operating an energy facility whose operation may 11949
result in the incidental taking of a wild animal shall obtain a 11950
permit to do sofor such an incidental taking from the chief of 11951
the division of wildlife under this section. The chief shall adopt 11952
rules under section 1531.10 of the Revised Code that are necessary 11953
to administer this section. The rules may include the 11954
establishment of a fee for such a permit.11955

       Sec. 1533.10.  Except as provided in this section or division 11956
(A)(2) of section 1533.12 or section 1533.73 or 1533.731 of the 11957
Revised Code, no person shall hunt any wild bird or wild quadruped 11958
without a hunting license. Each day that any person hunts within 11959
the state without procuring such a license constitutes a separate 11960
offense. Except as otherwise provided in this section, every 11961
applicant for a hunting license who is a resident of the state and 11962
eighteen years of age or more shall procure a resident hunting 11963
license or an apprentice resident hunting license, the fee for 11964
which shall be eighteen dollars unless the rules adopted under 11965
division (B) of section 1533.12 of the Revised Code provide for 11966
issuance of a resident hunting license to the applicant free of 11967
charge. Except as provided in rules adopted under division (B)(2) 11968
of that section, each applicant who is a resident of this state 11969
and who at the time of application is sixty-six years of age or 11970
older shall procure a special senior hunting license, the fee for 11971
which shall be one-half of the regular hunting license fee. Every 11972
applicant who is under the age of eighteen years shall procure a 11973
special youth hunting license or an apprentice youth hunting 11974
license, the fee for which shall be one-half of the regular 11975
hunting license fee. 11976

       A resident of this state who owns lands in the state and the 11977
owner's children of any age and grandchildren under eighteen years 11978
of age may hunt on the lands without a hunting license. A resident 11979
of any other state who owns real property in this state, and the 11980
spouse and children living with the property owner, may hunt on 11981
that property without a license, provided that the state of 11982
residence of the real property owner allows residents of this 11983
state owning real property in that state, and the spouse and 11984
children living with the property owner, to hunt without a 11985
license. If the owner of land in this state is a limited liability 11986
company or a limited liability partnership that consists of three 11987
or fewer individual members or partners, as applicable, an 11988
individual member or partner who is a resident of this state and 11989
the member's or partner's children of any age and grandchildren 11990
under eighteen years of age may hunt on the land owned by the 11991
limited liability company or limited liability partnership without 11992
a hunting license. In addition, if the owner of land in this state 11993
is a trust that has a total of three or fewer trustees and 11994
beneficiaries, an individual who is a trustee or beneficiary and 11995
who is a resident of this state and the individual's children of 11996
any age and grandchildren under eighteen years of age may hunt on 11997
the land owned by the trust without a hunting license. The tenant 11998
and children of the tenant, residing on lands in the state, may 11999
hunt on them without a hunting license. 12000

       Except as otherwise provided in division (A)(1) of section 12001
1533.12 of the Revised Code, every applicant for a hunting license 12002
who is a nonresident of the state and who is eighteen years of age 12003
or older shall procure a nonresident hunting license or an 12004
apprentice nonresident hunting license, the fee for which shall be 12005
one hundred twenty-fourforty-nine dollars unless the applicant is 12006
a resident of a state that is a party to an agreement under 12007
section 1533.91 of the Revised Code, in which case the fee shall 12008
be eighteen dollars. Apprentice resident hunting licenses, 12009
apprentice youth hunting licenses, and apprentice nonresident 12010
hunting licenses are subject to the requirements established under 12011
section 1533.102 of the Revised Code and rules adopted pursuant to 12012
it.12013

       The chief of the division of wildlife may issue a small game 12014
hunting license expiring three days from the effective date of the 12015
license to a nonresident of the state, the fee for which shall be 12016
thirty-nine dollars. No person shall take or possess deer, wild 12017
turkeys, fur-bearing animals, ducks, geese, brant, or any nongame 12018
animal while possessing only a small game hunting license. A small 12019
game hunting license or an apprentice nonresident hunting license 12020
does not authorize the taking or possessing of ducks, geese, or 12021
brant without having obtained, in addition to the small game 12022
hunting license or the apprentice nonresident hunting license, a 12023
wetlands habitat stamp as provided in section 1533.112 of the 12024
Revised Code. A small game hunting license or an apprentice 12025
nonresident hunting license does not authorize the taking or 12026
possessing of deer, wild turkeys, or fur-bearing animals. A 12027
nonresident of the state who wishes to take or possess deer, wild 12028
turkeys, or fur-bearing animals in this state shall procure, 12029
respectively, a deer or wild turkey permit as provided in section 12030
1533.11 of the Revised Code or a fur taker permit as provided in 12031
section 1533.111 of the Revised Code in addition to a nonresident 12032
hunting license, an apprentice nonresident hunting license, a 12033
special youth hunting license, or an apprentice youth hunting 12034
license, as applicable, as provided in this section.12035

       No person shall procure or attempt to procure a hunting 12036
license by fraud, deceit, misrepresentation, or any false 12037
statement.12038

       This section does not authorize the taking and possessing of 12039
deer or wild turkeys without first having obtained, in addition to 12040
the hunting license required by this section, a deer or wild 12041
turkey permit as provided in section 1533.11 of the Revised Code 12042
or the taking and possessing of ducks, geese, or brant without 12043
first having obtained, in addition to the hunting license required 12044
by this section, a wetlands habitat stamp as provided in section 12045
1533.112 of the Revised Code.12046

       This section does not authorize the hunting or trapping of 12047
fur-bearing animals without first having obtained, in addition to 12048
a hunting license required by this section, a fur taker permit as 12049
provided in section 1533.111 of the Revised Code.12050

       No hunting license shall be issued unless it is accompanied 12051
by a written explanation of the law in section 1533.17 of the 12052
Revised Code and the penalty for its violation, including a 12053
description of terms of imprisonment and fines that may be 12054
imposed.12055

       No hunting license, other than an apprentice hunting license, 12056
shall be issued unless the applicant presents to the agent 12057
authorized to issue the license a previously held hunting license 12058
or evidence of having held such a license in content and manner 12059
approved by the chief, a certificate of completion issued upon 12060
completion of a hunter education and conservation course approved 12061
by the chief, or evidence of equivalent training in content and 12062
manner approved by the chief. A previously held apprentice hunting 12063
license does not satisfy the requirement concerning the 12064
presentation of a previously held hunting license or evidence of 12065
it.12066

       No person shall issue a hunting license, except an apprentice 12067
hunting license, to any person who fails to present the evidence 12068
required by this section. No person shall purchase or obtain a 12069
hunting license, other than an apprentice hunting license, without 12070
presenting to the issuing agent the evidence required by this 12071
section. Issuance of a hunting license in violation of the 12072
requirements of this section is an offense by both the purchaser 12073
of the illegally obtained hunting license and the clerk or agent 12074
who issued the hunting license. Any hunting license issued in 12075
violation of this section is void.12076

       The chief, with approval of the wildlife council, shall adopt 12077
rules prescribing a hunter education and conservation course for 12078
first-time hunting license buyers, other than buyers of apprentice 12079
hunting licenses, and for volunteer instructors. The course shall 12080
consist of subjects including, but not limited to, hunter safety 12081
and health, use of hunting implements, hunting tradition and 12082
ethics, the hunter and conservation, the law in section 1533.17 of 12083
the Revised Code along with the penalty for its violation, 12084
including a description of terms of imprisonment and fines that 12085
may be imposed, and other law relating to hunting. Authorized 12086
personnel of the division or volunteer instructors approved by the 12087
chief shall conduct such courses with such frequency and at such 12088
locations throughout the state as to reasonably meet the needs of 12089
license applicants. The chief shall issue a certificate of 12090
completion to each person who successfully completes the course 12091
and passes an examination prescribed by the chief.12092

       Sec. 1533.11.  (A)(1) Except as provided in this section or 12093
section 1533.731 of the Revised Code, no person shall hunt deer on 12094
lands of another without first obtaining an annual deer permit. 12095
Except as provided in this section, no person shall hunt wild 12096
turkeys on lands of another without first obtaining an annual wild 12097
turkey permit. Each12098

       (2) Each applicant for a deer or wild turkey permit shall pay 12099
an annual fee of twenty-three dollars for eachthe permit unless 12100
the rules adopted under division (B) of section 1533.12 of the 12101
Revised Code provide for issuance of a deer or wild turkey permit 12102
to the applicant free of charge. Except as provided in rules 12103
adopted under division (B)(2) of that section, each applicant who 12104
is a resident of this state and who at the time of application is 12105
sixty-six years of age or older shall procure a senior deer or12106
wild turkey permit, the fee for which shall be one-half of the 12107
regular deer or wild turkey permit fee. Each applicant who is 12108
under the age of eighteen years shall procure a youth deer or wild 12109
turkey permit, the fee for which shall be one-half of the regular 12110
deer or wild turkey permit fee. Except12111

       (3) Each applicant for a deer permit who is a resident of 12112
this state shall procure a resident deer permit, the fee for which 12113
is twenty-three dollars unless the rules adopted under division 12114
(B) of section 1533.12 of the Revised Code provide for issuance of 12115
a deer permit to the applicant free of charge. Each applicant for 12116
a deer permit who is a nonresident of this state shall procure a 12117
nonresident deer permit, the fee for which is ninety-nine dollars 12118
unless the rules adopted under that division provide for issuance 12119
of a deer permit to the applicant free of charge. Except as 12120
provided in rules adopted under division (B)(2) of section 1533.12 12121
of the Revised Code, each applicant who is a resident of this 12122
state and who at the time of application is sixty-six years of age 12123
or older shall procure a senior resident deer permit, the fee for 12124
which is one-half of the regular resident deer permit fee. Each 12125
applicant who is under the age of eighteen years, regardless of 12126
residency, shall procure a youth deer permit, the fee for which is 12127
one-half of the regular resident deer permit fee.12128

       (4) As used in this chapter, "deer permit" includes a 12129
resident deer permit and a nonresident deer permit unless the 12130
context indicates otherwise.12131

       (5) Except as provided in division (A)(2) of section 1533.12 12132
of the Revised Code, a deer or wild turkey permit shall run 12133
concurrently with the hunting license. The money received shall be 12134
paid into the state treasury to the credit of the wildlife fund, 12135
created in section 1531.17 of the Revised Code, exclusively for 12136
the use of the division of wildlife in the acquisition and 12137
development of land for deer or wild turkey management, for 12138
investigating deer or wild turkey problems, and for the stocking, 12139
management, and protection of deer or wild turkey. Every person, 12140
while hunting deer or wild turkey on lands of another, shall carry 12141
the person's deer or wild turkey permit and exhibit it to any 12142
enforcement officer so requesting. Failure to so carry and exhibit 12143
such a permit constitutes an offense under this section. The chief 12144
of the division of wildlife shall adopt any additional rules the 12145
chief considers necessary to carry out this section and section 12146
1533.10 of the Revised Code.12147

        An owner who is a resident of this state or an owner who is 12148
exempt from obtaining a hunting license under section 1533.10 of 12149
the Revised Code and the children of the owner of lands in this 12150
state may hunt deer or wild turkey thereon without a deer or wild 12151
turkey permit. If the owner of land in this state is a limited 12152
liability company or a limited liability partnership that consists 12153
of three or fewer individual members or partners, as applicable, 12154
an individual member or partner who is a resident of this state 12155
and the member's or partner's children of any age may hunt deer or 12156
wild turkey on the land owned by the limited liability company or 12157
limited liability partnership without a deer or wild turkey 12158
permit. In addition, if the owner of land in this state is a trust 12159
that has a total of three or fewer trustees and beneficiaries, an 12160
individual who is a trustee or beneficiary and who is a resident 12161
of this state and the individual's children of any age may hunt 12162
deer or wild turkey on the land owned by the trust without a deer 12163
or wild turkey permit. The tenant and children of the tenant may 12164
hunt deer or wild turkey on lands where they reside without a deer 12165
or wild turkey permit.12166

       (B) A deer or wild turkey permit is not transferable. No 12167
person shall carry a deer or wild turkey permit issued in the name 12168
of another person.12169

       (C) The wildlife refunds fund is hereby created in the state 12170
treasury. The fund shall consist of money received from 12171
application fees for deer permits that are not issued. Money in 12172
the fund shall be used to make refunds of such application fees.12173

       (D) If the division establishes a system for the electronic 12174
submission of information regarding deer or wild turkey that are 12175
taken, the division shall allow the owner and the children of the 12176
owner of lands in this state to use the owner's name or address 12177
for purposes of submitting that information electronically via 12178
that system.12179

       Sec. 1533.12.  (A)(1) Except as otherwise provided in 12180
division (A)(2) of this section, every person on active duty in 12181
the armed forces of the United States who is stationed in this 12182
state and who wishes to engage in an activity for which a license, 12183
permit, or stamp is required under this chapter first shall obtain 12184
the requisite license, permit, or stamp. Such a person is eligible 12185
to obtain a resident hunting or fishing license regardless of 12186
whether the person qualifies as a resident of this state. To 12187
obtain a resident hunting or fishing license, the person shall 12188
present a card or other evidence identifying the person as being 12189
on active duty in the armed forces of the United States and as 12190
being stationed in this state.12191

        (2) Every person on active duty in the armed forces of the 12192
United States, while on leave or furlough, may take or catch fish 12193
of the kind lawfully permitted to be taken or caught within the 12194
state, may hunt any wild bird or wild quadruped lawfully permitted 12195
to be hunted within the state, and may trap fur-bearing animals 12196
lawfully permitted to be trapped within the state, without 12197
procuring a fishing license, a hunting license, a fur taker 12198
permit, or a wetlands habitat stamp required by this chapter, 12199
provided that the person shall carry on the person when fishing, 12200
hunting, or trapping, a card or other evidence identifying the 12201
person as being on active duty in the armed forces of the United 12202
States, and provided that the person is not otherwise violating 12203
any of the hunting, fishing, and trapping laws of this state.12204

       In order to hunt deer or wild turkey, any such person shall 12205
obtain a resident deer or wild turkey permit, as applicable, under 12206
section 1533.11 of the Revised Code. Such a person is eligible to 12207
obtain a resident deer permit regardless of whether the person is 12208
a resident of this state. However, the person need not obtain a 12209
hunting license in order to obtain such aeither permit.12210

       (B) The chief of the division of wildlife shall provide by 12211
rule adopted under section 1531.10 of the Revised Code all of the 12212
following:12213

       (1) Every resident of this state with a disability that has 12214
been determined by the veterans administration to be permanently 12215
and totally disabling, who receives a pension or compensation from 12216
the veterans administration, and who received an honorable 12217
discharge from the armed forces of the United States, and every 12218
veteran to whom the registrar of motor vehicles has issued a set 12219
of license plates under section 4503.41 of the Revised Code, shall 12220
be issued a fishing license, hunting license, fur taker permit, 12221
deer or wild turkey permit, or wetlands habitat stamp, or any 12222
combination of those licenses, permits, and stamp, free of charge 12223
on an annual, multi-year, or lifetime basis as determined 12224
appropriate by the chief when application is made to the chief in 12225
the manner prescribed by and on forms provided by the chief.12226

       (2) Every resident of the state who was born on or before 12227
December 31, 1937, shall be issued an annual fishing license, 12228
hunting license, fur taker permit, deer or wild turkey permit, or 12229
wetlands habitat stamp, or any combination of those licenses, 12230
permits, and stamp, free of charge when application is made to the 12231
chief in the manner prescribed by and on forms provided by the 12232
chief.12233

       (3) Every resident of state or county institutions, 12234
charitable institutions, and military homes in this state shall be 12235
issued an annual fishing license free of charge when application 12236
is made to the chief in the manner prescribed by and on forms 12237
provided by the chief.12238

       (4) Any mobility impaired or blind person, as defined in 12239
section 955.011 of the Revised Code, who is a resident of this 12240
state and who is unable to engage in fishing without the 12241
assistance of another person shall be issued an annual fishing 12242
license free of charge when application is made to the chief in 12243
the manner prescribed by and on forms provided by the chief. The 12244
person who is assisting the mobility impaired or blind person may 12245
assist in taking or catching fish of the kind permitted to be 12246
taken or caught without procuring the license required under 12247
section 1533.32 of the Revised Code, provided that only one line 12248
is used by both persons.12249

       (5) As used in division (B)(5) of this section, "prisoner of 12250
war" means any regularly appointed, enrolled, enlisted, or 12251
inducted member of the military forces of the United States who 12252
was captured, separated, and incarcerated by an enemy of the 12253
United States.12254

       Any person who has been a prisoner of war, was honorably 12255
discharged from the military forces, and is a resident of this 12256
state shall be issued a fishing license, hunting license, fur 12257
taker permit, or wetlands habitat stamp, or any combination of 12258
those licenses, permits, and stamp, free of charge on an annual, 12259
multi-year, or lifetime basis as determined appropriate by the 12260
chief when application is made to the chief in the manner 12261
prescribed by and on forms provided by the chief.12262

       (C) The chief shall adopt rules pursuant to section 1531.08 12263
of the Revised Code designating not more than two days, which need 12264
not be consecutive, in each year as "free sport fishing days" on 12265
which any resident may exercise the privileges accorded the holder 12266
of a fishing license issued under section 1533.32 of the Revised 12267
Code without procuring such a license, provided that the person is 12268
not otherwise violating any of the fishing laws of this state.12269

       Sec. 1551.34.  On or before the thirty-firstfirst day of12270
MarchAugust of the secondeach even-numbered year of each 12271
biennium, the director of the Ohio coal development office 12272
established under section 1551.32 of the Revised Code shall submit 12273
to the governor and the general assembly an Ohio coal development 12274
agenda. Prior to each submission, the office shall solicit public 12275
comment on the agenda to give interested parties an opportunity to 12276
comment on the agenda. The director shall consider any public 12277
comments received prior to the agenda's submission. The agenda 12278
shall include, but is not limited to, all of the following:12279

       (A) A characterization of Ohio coal, constraints on its 12280
maximum use, and opportunities for overcoming those constraints;12281

       (B) A characterization of the current and potential markets 12282
for Ohio coal, constraints on increased market demand for it, and 12283
opportunities for overcoming those constraints;12284

       (C) Identification of each of the office's programs and its 12285
correspondence to the purposes of the office;12286

       (D) A description of the office's current projects that 12287
includes the status of each project and a specific description of 12288
the office's activities in all of the following areas:12289

       (1) Commercialization of available technology;12290

       (2) Marketplace adoption of that technology;12291

       (3) Enhancement of user markets for Ohio coal.12292

       (E) The types of projects to be funded in the succeeding 12293
biennium;12294

       (F) Anticipated expenditures for, the relative priority of, 12295
and the potential benefits of each type of project to be funded in 12296
the succeeding biennium;12297

       (G) The results obtained from completed projects and 12298
dissemination of those results;12299

       (H) A fiscal report of the office's activities under sections 12300
1551.30 to 1551.35 and Chapter 1555. of the Revised Code during 12301
the preceding biennium;12302

       (I) The criteria used to select the office's specific types 12303
of projects. The criteria shall consider all of the following:12304

       (1) A project's relationship to and support of the office's 12305
purposes;12306

       (2) The technology involved, its applicability to Ohio coal, 12307
and its potential rate and probability of marketplace adoption;12308

       (3) The commercial readiness of a project's facility, 12309
technology, or equipment;12310

       (4) The cost and relative risk to the state and the 12311
participation of other investors or interested parties in a 12312
project's financing;12313

       (5) The likelihood that results of a project would not be 12314
achieved in the absence of the office's assistance.12315

       Sec. 1561.31.  Each deputy mine inspector shall inspect each 12316
mine in the inspector's district, the owner, lessee, agent, or 12317
operator of which is an employer as defined in section 4123.01 of 12318
the Revised Code, or any other mine at which three or more persons 12319
work, at intervals not exceeding three months between inspections, 12320
and all other mines in the inspector's district as often as 12321
practical, noting particularly the location and condition of 12322
buildings, the condition of the boiler, machinery, workings of the 12323
mine, the traveling ways and haulageways, the circulation and 12324
condition of the air and drainage, and the condition of electrical 12325
circuits and appliances. The inspector shall make tests for 12326
poisonous, explosive, and noxious gases, and shall specifically 12327
order compliance with any section of this chapter and Chapters 12328
1563., 1565., and 1567. and sections 1509.09, 1509.12, 1509.13, 12329
1509.14, 1509.15, 1509.17, and 1509.18 of the Revised Code that 12330
the inspector finds is being violated.12331

       Upon completion of the inspection of a mine, the inspector 12332
shall fill out a report of the conditions found during inspections 12333
on a form provided by the chief of the division of mineral 12334
resources management, which form shall provide for statements as 12335
to whether the laws are being observed or violated, and if 12336
violated, the nature and extent thereof, the date of the 12337
inspection, the number of persons employed in and about the mine, 12338
whether or not a certificate of compliancethe proof of workers' 12339
compensation coverage issued pursuant to section 4123.35 of the 12340
Revised Code is posted and the date of expiration thereof, and 12341
matters, things, and practices that specifically are covered by 12342
law, order of the chief, or previous order of the inspector. The 12343
inspector shall make this report in quadruplicate or 12344
quintuplicate, and send the original to the chief, post a copy at 12345
the mine, give a copy to the mine superintendent, and retain a 12346
copy for the inspector's files. Where the miners of a mine have a 12347
mine safety committee, the inspector shall post one additional 12348
copy of the report of that mine at that mine for the use and 12349
possession of the committee. The report required by this section 12350
shall be known as the inspector's routine report.12351

       If an inspector orders compliance with this chapter and 12352
Chapters 1563., 1565., and 1567. and sections 1509.09, 1509.12, 12353
1509.13, 1509.14, 1509.15, 1509.17, and 1509.18 of the Revised 12354
Code, and is assured by the superintendent of the mine to which 12355
the order applies that the order will be complied with, the 12356
inspector shall revisit the mine within a reasonable period of 12357
time and ascertain whether or not the order has been complied 12358
with. The inspector shall report the inspector's findings to the 12359
chief on a form to be provided by the chief, and take action to 12360
enforce compliance.12361

       Sec. 1711.50.  As used in sections 1711.50 to 1711.57 of the 12362
Revised Code:12363

       (A) "Amusement ride" means any mechanical, aquatic, or 12364
inflatable device, or combination of those devices that carries or 12365
conveys passengers on, along, around, over, or through a fixed or 12366
restricted course or within a defined area for the purpose of 12367
providing amusement, pleasure, or excitement. "Amusement ride" 12368
includes carnival rides, bungee jumping facilities, and fair 12369
rides, but does not include passenger tramways as defined in 12370
section 4169.01 of the Revised Code or amusement rides operated 12371
solely at trade shows for a limited period of time. For purposes 12372
of this division (A) of this section, "trade show" means a place 12373
of exhibition not open to the general public where amusement ride 12374
manufacturers display, promote, operate, and sell amusement rides 12375
to prospective purchasers.12376

       (B) "Temporary amusement ride" means an amusement ride that 12377
is relocated at least once per year with or without disassembly.12378

       (C) "Permanent amusement ride" means an amusement ride that 12379
is erected to remain a lasting part of the premises.12380

       (D) "Owner" means any person who owns or leases and controls 12381
or manages the operation of an amusement ride, and includes 12382
individuals, partnerships, corporations, both profit and 12383
nonprofit, and the state and any of its political subdivisions and 12384
their departments or agencies.12385

       (E) "Operation" means the use or operation, or both, of an 12386
amusement ride with riders.12387

       (F) "Rider" means any person who sits, stands, or is 12388
otherwise conveyed or carried as a passenger on an amusement ride, 12389
but does not include employees or agents of the owner of the 12390
amusement ride.12391

       (G) "Amusement ride operator" means any person causing the 12392
amusement ride to go, stop, or perform its function.12393

       (H) "Reassembly" means the installation, erection, or 12394
reconstruction of the main mechanical, safety, electrical, or 12395
electronic components of an amusement ride following 12396
transportation or storage and prior to operation. Replacement of 12397
mechanical, safety, electrical, or electronic components of an 12398
amusement ride for the purpose of repair or maintenance is not 12399
reassembly.12400

       (I) "Repair" means to restore an amusement ride to a 12401
condition equal to or better than original design specifications.12402

       (J) "Maintenance" means the preservation and upkeep of an 12403
amusement ride for the purpose of maintaining its designed 12404
operational capability.12405

       (K) "Inspection" means a physical examination of an amusement 12406
ride by an inspector for the purpose of approving the application 12407
for a permit. "Inspection" includes a reinspection.12408

       (L) "Accident" means an occurrence during the operation of an 12409
amusement ride whichthat results in death or injury requiring 12410
immediate hospital admission.12411

       (M) "Serious injury" means an injury that does not require 12412
immediate hospital admission but does require medical treatment, 12413
other than first aid, by a physician.12414

       (N) "First aid" means the one-time treatment or subsequent 12415
observation of scratches, cuts not requiring stitches, burns, 12416
splinters, and contusions or a diagnostic procedure, including 12417
examinations and x-rays, whichthat does not ordinarily require 12418
medical treatment even though provided by a physician or other 12419
licensed professional personnel.12420

       (O) "Advisory council" means the advisory council on 12421
amusement ride safety created by section 1711.51 of the Revised 12422
Code.12423

       (P) "Safe operation" means, except as provided in section 12424
1711.57 of the Revised Code, the practical application of 12425
maintenance, inspection, and operational processes, as indicated 12426
by the manufacturer, owner, or advisory council, that secures a 12427
rider from threat of physical danger, harm, or loss.12428

       (Q) "Private facility" means any facility that is accessible 12429
only to members of the facility and not accessible to the general 12430
public, even upon payment of a fee or charge, and that requires 12431
approval for membership by a membership committee representing the 12432
current members who have a policy requiring monetary payment to 12433
belong to the facility.12434

       (R) "Bungee jumping" means a fall or jump from a height by an 12435
individual who is attached to an elastic cord that prevents the 12436
individual from hitting the ground, water, or other solid, 12437
semi-solid, liquid, or elastic surface.12438

       (S) "Bungee jumping facility" means a device or structure 12439
utilized for bungee jumping.12440

       (T) "Kiddie ride" means an amusement ride designed for use by 12441
children under thirteen years of age who are unaccompanied by 12442
another person. "Kiddie ride" includes a roller coaster that is 12443
not more than forty feet in elevation at any point on the ride.12444

       Sec. 1711.53.  (A)(1) No person shall operate an amusement 12445
ride within the state without a permit issued by the director of 12446
agriculture under division (A)(2) of this section. The owner of an 12447
amusement ride, whether the ride is a temporary amusement ride or 12448
a permanent amusement ride, who desires to operate the amusement 12449
ride within the state shall, prior to the operation of the 12450
amusement ride and annually thereafter, submit to the department 12451
of agriculture an application for a permit, together with the 12452
appropriate permit and inspection fee, on a form to be furnished 12453
by the department. Prior to issuing any permit the department 12454
shall, within thirty days after the date on which it receives the 12455
application, inspect each amusement ride described in the 12456
application. The owner of an amusement ride shall have the 12457
amusement ride ready for inspection not later than two hours after 12458
the time that is requested by the person for the inspection.12459

       (2) For each amusement ride found to comply with the rules 12460
adopted by the director under division (B) of this section and 12461
division (B) of section 1711.551 of the Revised Code, the director 12462
shall issue an annual permit, provided that evidence of liability 12463
insurance coverage for the amusement ride as required by section 12464
1711.54 of the Revised Code is on file with the department.12465

       (3) The director shall issue with each permit a decal 12466
indicating that the amusement ride has been issued the permit. The 12467
owner of the amusement ride shall affix the decal on the ride at a 12468
location where the decal is easily visible to the patrons of the 12469
ride. A copy of the permit shall be kept on file at the same 12470
address as the location of the amusement ride identified on the 12471
permit, and shall be made available for inspection, upon 12472
reasonable demand, by any person. An owner may operate an 12473
amusement ride prior to obtaining a permit, provided that the 12474
operation is for the purpose of testing the amusement ride or 12475
training amusement ride operators and other employees of the owner 12476
and the amusement ride is not open to the public.12477

       (B) The director, in accordance with Chapter 119. of the 12478
Revised Code, shall adopt rules providing for a schedule of fines, 12479
with no fine exceeding five thousand dollars, for violations of 12480
sections 1711.50 to 1711.57 of the Revised Code or any rules 12481
adopted under this division and for the classification of 12482
amusement rides and rules for the safe operation and inspection of 12483
all amusement rides as are necessary for amusement ride safety and 12484
for the protection of the general public. Rules adopted by the 12485
director for the safe operation and inspection of amusement rides 12486
shall be reasonable and based upon generally accepted engineering 12487
standards and practices. In adopting rules under this section, the 12488
director may adopt by reference, in whole or in part, the national 12489
fire code or the national electrical code (NEC) prepared by the 12490
national fire protection association, the standards of the 12491
American society for testing and materials (ASTM) or the American 12492
national standards institute (ANSI), or any other principles, 12493
tests, or standards of nationally recognized technical or 12494
scientific authorities. Insofar as is practicable and consistent 12495
with sections 1711.50 to 1711.57 of the Revised Code, rules 12496
adopted under this division shall be consistent with the rules of 12497
other states. The department shall cause sections 1711.50 to 12498
1711.57 of the Revised Code and the rules adopted in accordance 12499
with this division and division (B) of section 1711.551 of the 12500
Revised Code to be published in pamphlet form and a copy to be 12501
furnished without charge to each owner of an amusement ride who 12502
holds a current permit or is an applicant therefor.12503

       (C) With respect to an application for a permit for an 12504
amusement ride, an owner may apply to the director for a waiver or 12505
modification of any rule adopted under division (B) of this 12506
section if there are practical difficulties or unnecessary 12507
hardships for the amusement ride to comply with the rules. Any 12508
application shall set forth the reasons for the request. The 12509
director, with the approval of the advisory council on amusement 12510
ride safety, may waive or modify the application of a rule to any 12511
amusement ride if the public safety is secure. Any authorization 12512
by the director under this division shall be in writing and shall 12513
set forth the conditions under which the waiver or modification is 12514
authorized, and the department shall retain separate records of 12515
all proceedings under this division.12516

       (D)(1) The director shall employ and provide for training of 12517
a chief inspector and additional inspectors and employees as may 12518
be necessary to administer and enforce sections 1711.50 to 1711.57 12519
of the Revised Code. The director may appoint or contract with 12520
other persons to perform inspections of amusement rides, provided 12521
that the persons meet the qualifications for inspectors 12522
established by rules adopted under division (B) of this section 12523
and are not owners, or employees of owners, of any amusement ride 12524
subject to inspection under sections 1711.50 to 1711.57 of the 12525
Revised Code. No person shall inspect an amusement ride who, 12526
within six months prior to the date of inspection, was an employee 12527
of the owner of the ride.12528

       (2) Before the director contracts with other persons to 12529
inspect amusement rides, the director shall seek the advice of the 12530
advisory council on amusement ride safety on whether to contract 12531
with those persons. The advice shall not be binding upon the 12532
director. After having received the advice of the council, the 12533
director may proceed to contract with inspectors in accordance 12534
with the procedures specified in division (E)(2) of section 12535
1711.11 of the Revised Code.12536

       (3) With the advice and consent of the advisory council on 12537
amusement ride safety, the director may employ a special 12538
consultant to conduct an independent investigation of an amusement 12539
ride accident. This consultant need not be in the civil service of 12540
the state, but shall have qualifications to conduct the 12541
investigation acceptable to the council.12542

       (E)(1) Except as otherwise provided in division (E)(1) of 12543
this section, the department shall charge the following amusement 12544
ride fees:12545

Permit $ 150 12546
Annual inspection and reinspection per ride: 12547
Kiddie rides $ 100 12548
Roller coaster $ 950 1,200 12549
Aerial lifts or bungee jumping facilities $ 450 12550
Go karts, per kart $ 5 12551
Inflatable rides, kiddie and adult $ 105 12552
Other rides $ 160 12553
Midseason operational inspection per ride $ 25 12554
Expedited inspection per ride $ 100 12555
Failure to cancel scheduled inspection per ride $ 100 12556
Failure to have amusement ride ready for inspection 12557
per ride $ 100 12558

       The go kart inspection fee is in addition to the inspection 12559
fee for the go kart track.12560

       The fees for an expedited inspection, failure to cancel a 12561
scheduled inspection, and failure to have an amusement ride ready 12562
for inspection do not apply to go karts.12563

       As used in division (E)(1) of this section, "expedited 12564
inspection" means an inspection of an amusement ride by the 12565
department not later than ten days after the owner of the 12566
amusement ride files an application for a permit under this 12567
section.12568

       (2) All fees and fines collected by the department under 12569
sections 1711.50 to 1711.57 of the Revised Code shall be deposited 12570
in the state treasury to the credit of the amusement ride 12571
inspection fund, which is hereby created, and shall be used only 12572
for the purpose of administering and enforcing sections 1711.11 12573
and 1711.50 to 1711.57 of the Revised Code.12574

       (3) The owner of an amusement ride shall be required to pay a 12575
reinspection fee only if the reinspection was conducted at the 12576
owner's request under division (F) of this section, if the 12577
reinspection is required by division (F) of this section because 12578
of an accident, or if the reinspection is required by division (F) 12579
of section 1711.55 of the Revised Code. If a reinspection is 12580
conducted at the request of the chief officer of a fair, festival, 12581
or event where the ride is operating, the reinspection fee shall 12582
be charged to the fair, festival, or event.12583

       (4) The rules adopted under division (B) of this section 12584
shall define "kiddie rides," "roller coaster," "aerial lifts," "go 12585
karts," and "other rides" for purposes of determining the fees 12586
under division (E) of this section. The rules shall define "other 12587
rides" to include go kart tracks.12588

       (F) A reinspection of an amusement ride shall take place if 12589
an accident occurs, if the owner of the ride or the chief officer 12590
of the fair, festival, or event where the ride is operating 12591
requests a reinspection, or if the reinspection is required by 12592
division (F) of section 1711.55 of the Revised Code.12593

       (G) As a supplement to its annual inspection of a temporary 12594
amusement ride, the department may inspect the ride during each 12595
scheduled event, as listed in the schedule of events provided to 12596
the department by the owner pursuant to division (C) of section 12597
1711.55 of the Revised Code, at which the ride is operated in this 12598
state. These supplemental inspections are in addition to any other 12599
inspection or reinspection of the ride as may be required under 12600
sections 1711.50 to 1711.57 of the Revised Code, and the owner of 12601
the temporary amusement ride is not required to pay an inspection 12602
or reinspection fee for this supplemental inspection. Nothing in 12603
this division shall be construed to prohibit the owner of a 12604
temporary amusement ride having a valid permit to operate in this 12605
state from operating the ride at a scheduled event before the 12606
department conducts a supplemental inspection.12607

       (H) The department may annually conduct a midseason 12608
operational inspection of every amusement ride upon which it 12609
conducts an annual inspection pursuant to division (A) of this 12610
section. The midseason operational inspection is in addition to 12611
any other inspection or reinspection of the amusement ride as may 12612
be required pursuant to sections 1711.50 to 1711.57 of the Revised 12613
Code. The owner of an amusement ride shall submit to the 12614
department, at the time determined by the department, the 12615
midseason operational inspection fee specified in division (E) of 12616
this section. The director, in accordance with Chapter 119. of the 12617
Revised Code, shall adopt rules specifying the time period during 12618
which the department will conduct midseason operational 12619
inspections.12620

       Sec. 2151.417.  (A) Any court that issues a dispositional 12621
order pursuant to section 2151.353, 2151.414, or 2151.415 of the 12622
Revised Code may review at any time the child's placement or 12623
custody arrangement, the case plan prepared for the child pursuant 12624
to section 2151.412 of the Revised Code, the actions of the public 12625
children services agency or private child placing agency in 12626
implementing that case plan, the child's permanency plan if the 12627
child's permanency plan has been approved, and any other aspects 12628
of the child's placement or custody arrangement. In conducting the 12629
review, the court shall determine the appropriateness of any 12630
agency actions, the safety and appropriateness of continuing the 12631
child's placement or custody arrangement, and whether any changes 12632
should be made with respect to the child's permanency plan or 12633
placement or custody arrangement or with respect to the actions of 12634
the agency under the child's placement or custody arrangement. 12635
Based upon the evidence presented at a hearing held after notice 12636
to all parties and the guardian ad litem of the child, the court 12637
may require the agency, the parents, guardian, or custodian of the 12638
child, and the physical custodians of the child to take any 12639
reasonable action that the court determines is necessary and in 12640
the best interest of the child or to discontinue any action that 12641
it determines is not in the best interest of the child.12642

       (B) If a court issues a dispositional order pursuant to 12643
section 2151.353, 2151.414, or 2151.415 of the Revised Code, the 12644
court has continuing jurisdiction over the child as set forth in 12645
division (E)(1) of section 2151.353 of the Revised Code. The court 12646
may amend a dispositional order in accordance with division (E)(2) 12647
of section 2151.353 of the Revised Code at any time upon its own 12648
motion or upon the motion of any interested party. The court shall 12649
comply with section 2151.42 of the Revised Code in amending any 12650
dispositional order pursuant to this division.12651

       (C) Any court that issues a dispositional order pursuant to 12652
section 2151.353, 2151.414, or 2151.415 of the Revised Code shall 12653
hold a review hearing one year after the earlier of the date on 12654
which the complaint in the case was filed or the child was first 12655
placed into shelter care to review the case plan prepared pursuant 12656
to section 2151.412 of the Revised Code and the child's placement 12657
or custody arrangement, to approve or review the permanency plan 12658
for the child, and to make changes to the case plan and placement 12659
or custody arrangement consistent with the permanency plan. The 12660
court shall schedule the review hearing at the time that it holds 12661
the dispositional hearing pursuant to section 2151.35 of the 12662
Revised Code.12663

       The court shall hold a similar review hearing no later than 12664
every twelve months after the initial review hearing until the 12665
child is adopted, returned to the parents, or the court otherwise 12666
terminates the child's placement or custody arrangement, except 12667
that the dispositional hearing held pursuant to section 2151.415 12668
of the Revised Code shall take the place of the first review 12669
hearing to be held under this section. The court shall schedule 12670
each subsequent review hearing at the conclusion of the review 12671
hearing immediately preceding the review hearing to be scheduled.12672

       (D) If, within fourteen days after a written summary of an 12673
administrative review is filed with the court pursuant to section 12674
2151.416 of the Revised Code, the court does not approve the 12675
proposed change to the case plan filed pursuant to division (E) of 12676
section 2151.416 of the Revised Code or a party or the guardian ad 12677
litem requests a review hearing pursuant to division (E) of that 12678
section, the court shall hold a review hearing in the same manner 12679
that it holds review hearings pursuant to division (C) of this 12680
section, except that if a review hearing is required by this 12681
division and if a hearing is to be held pursuant to division (C) 12682
of this section or section 2151.415 of the Revised Code, the 12683
hearing held pursuant to division (C) of this section or section 12684
2151.415 of the Revised Code shall take the place of the review 12685
hearing required by this division.12686

       (E) If a court determines pursuant to section 2151.419 of the 12687
Revised Code that a public children services agency or private 12688
child placing agency is not required to make reasonable efforts to 12689
prevent the removal of a child from the child's home, eliminate 12690
the continued removal of a child from the child's home, and return 12691
the child to the child's home, and the court does not return the 12692
child to the child's home pursuant to division (A)(3) of section 12693
2151.419 of the Revised Code, the court shall hold a review 12694
hearing to approve the permanency plan for the child and, if 12695
appropriate, to make changes to the child's case plan and the 12696
child's placement or custody arrangement consistent with the 12697
permanency plan. The court may hold the hearing immediately 12698
following the determination under section 2151.419 of the Revised 12699
Code and shall hold it no later than thirty days after making that 12700
determination.12701

       (F) The court shall give notice of the review hearings held 12702
pursuant to this section to every interested party, including, but 12703
not limited to, the appropriate agency employees who are 12704
responsible for the child's care and planning, the child's 12705
parents, any person who had guardianship or legal custody of the 12706
child prior to the custody order, the child's guardian ad litem, 12707
and the child. The court shall summon every interested party to 12708
appear at the review hearing and give them an opportunity to 12709
testify and to present other evidence with respect to the child's 12710
custody arrangement, including, but not limited to, the following: 12711
the case plan for the child,; the permanency plan, if one exists; 12712
the actions taken by the child's custodian; the need for a change 12713
in the child's custodian or caseworker; and the need for any 12714
specific action to be taken with respect to the child. The court 12715
shall require any interested party to testify or present other 12716
evidence when necessary to a proper determination of the issues 12717
presented at the review hearing. In any review hearing that 12718
pertains to a permanency plan for a child who will not be returned 12719
to the parent, the court shall consider in-state and out-of-state 12720
placement options and the court shall determine whether the 12721
in-state or the out-of-state placement continues to be appropriate 12722
and in the best interests of the child. In any review hearing that 12723
pertains to a permanency plan for a child, the court or a citizens 12724
board appointed by the court pursuant to division (H) of this 12725
section shall consult with the child, in an age-appropriate 12726
manner, regarding the proposed permanency plan for the child.12727

       (G) After the review hearing, the court shall take the 12728
following actions based upon the evidence presented:12729

       (1) If an administrative review has been conducted, determine 12730
whether the conclusions of the review are supported by a 12731
preponderance of the evidence and approve or modify the case plan 12732
based upon that evidence;12733

       (2) If the hearing was held under division (C) or (E) of this 12734
section, approve a permanency plan for the child that specifies 12735
whether and, if applicable, when the child will be safely returned 12736
home or placed for adoption, for legal custody, or in a planned 12737
permanent living arrangement. A permanency plan approved after a 12738
hearing under division (E) of this section shall not include any 12739
provision requiring the child to be returned to the child's home.12740

       (3) If the child is in temporary custody, do all of the 12741
following:12742

       (a) Determine whether the child can and should be returned 12743
home with or without an order for protective supervision;12744

       (b) If the child can and should be returned home with or 12745
without an order for protective supervision, terminate the order 12746
for temporary custody;12747

       (c) If the child cannot or should not be returned home with 12748
an order for protective supervision, determine whether the agency 12749
currently with custody of the child should retain custody or 12750
whether another public children services agency, private child 12751
placing agency, or an individual should be given custody of the 12752
child.12753

       The court shall comply with section 2151.42 of the Revised 12754
Code in taking any action under this division.12755

       (4) If the child is in permanent custody, determine what 12756
actions are required by the custodial agency and of any other 12757
organizations or persons in order to facilitate an adoption of the 12758
child and make any appropriate orders with respect to the custody 12759
arrangement or conditions of the child, including, but not limited 12760
to, a transfer of permanent custody to another public children 12761
services agency or private child placing agency;12762

       (5) Journalize the terms of the updated case plan for the 12763
child.12764

       (H) The court may appoint a referee or a citizens review 12765
board to conduct the review hearings that the court is required by 12766
this section to conduct, subject to the review and approval by the 12767
court of any determinations made by the referee or citizens review 12768
board. If the court appoints a citizens review board to conduct 12769
the review hearings, the board shall consist of one member 12770
representing the general public and four members who are trained 12771
or experienced in the care or placement of children and have 12772
training or experience in the fields of medicine, psychology, 12773
social work, education, or any related field. Of the initial 12774
appointments to the board, two shall be for a term of one year, 12775
two shall be for a term of two years, and one shall be for a term 12776
of three years, with all the terms ending one year after the date 12777
on which the appointment was made. Thereafter, all terms of the 12778
board members shall be for three years and shall end on the same 12779
day of the same month of the year as did the term that they 12780
succeed. Any member appointed to fill a vacancy occurring prior to 12781
the expiration of the term for which the member's predecessor was 12782
appointed shall hold office for the remainder of the term.12783

       (I) A copy of the court's determination following any review 12784
hearing held pursuant to this section shall be sent to the 12785
custodial agency, the guardian ad litem of the child who is the 12786
subject of the review hearing, and, if that child is not the 12787
subject of a permanent commitment hearing, the parents of the 12788
child.12789

       (J) If the hearing held under this section takes the place of 12790
an administrative review that otherwise would have been held under 12791
section 2151.416 of the Revised Code, the court at the hearing 12792
held under this section shall do all of the following in addition 12793
to any other requirements of this section:12794

       (1) Determine the continued necessity for and the safety and 12795
appropriateness of the child's placement;12796

       (2) Determine the extent of compliance with the child's case 12797
plan;12798

       (3) Determine the extent of progress that has been made 12799
toward alleviating or mitigating the causes necessitating the 12800
child's placement in foster care;12801

       (4) Project a likely date by which the child may be safely 12802
returned home or placed for adoption or legal custody.12803

       (K)(1) Whenever the court is required to approve a permanency 12804
plan under this section or section 2151.415 of the Revised Code, 12805
the public children services agency or private child placing 12806
agency that filed the complaint in the case, has custody of the 12807
child, or will be given custody of the child shall develop a 12808
permanency plan for the child. The agency must file the plan with 12809
the court prior to the hearing under this section or section 12810
2151.415 of the Revised Code.12811

       (2) The permanency plan developed by the agency must specify 12812
whether and, if applicable, when the child will be safely returned 12813
home or placed for adoption or legal custody. If the agency 12814
determines that there is a compelling reason why returning the 12815
child home or placing the child for adoption or legal custody is 12816
not in the best interest of the child, the plan shall provide that 12817
the child will be placed in a planned permanent living 12818
arrangement. A permanency plan developed as a result of a 12819
determination made under division (A)(2) of section 2151.419 of 12820
the Revised Code may not include any provision requiring the child 12821
to be returned home.12822

       (3)(a) Whenever a court is required under this section or 12823
section 2151.415 or 2151.419 of the Revised Code to conduct a 12824
review hearing to approve a permanency plan, the court shall 12825
determine whether the agency required to develop the plan has made 12826
reasonable efforts to finalize it. If the court determines the 12827
agency has not made reasonable efforts to finalize the plan, the 12828
court shall issue an order finalizing a permanency plan requiring 12829
the agency to use reasonable efforts to do the following:12830

        (i) Place the child in a timely manner into a permanent 12831
placement;12832

        (ii) Complete whatever steps are necessary to finalize the 12833
permanent placement of the child.12834

        (b) In making reasonable efforts as required in division 12835
(K)(3)(a) of this section, the agency shall consider the child's 12836
health and safety as the paramount concern.12837

       Sec. 2151.421.  (A)(1)(a) No person described in division 12838
(A)(1)(b) of this section who is acting in an official or 12839
professional capacity and knows, or has reasonable cause to 12840
suspect based on facts that would cause a reasonable person in a 12841
similar position to suspect, that a child under eighteen years of 12842
age or a mentally retarded, developmentally disabled, or 12843
physically impaired child under twenty-one years of age has 12844
suffered or faces a threat of suffering any physical or mental 12845
wound, injury, disability, or condition of a nature that 12846
reasonably indicates abuse or neglect of the child shall fail to 12847
immediately report that knowledge or reasonable cause to suspect 12848
to the entity or persons specified in this division. Except as 12849
provided in section 5120.173 of the Revised Code, the person 12850
making the report shall make it to the public children services 12851
agency or a municipal or county peace officer in the county in 12852
which the child resides or in which the abuse or neglect is 12853
occurring or has occurred. In the circumstances described in 12854
section 5120.173 of the Revised Code, the person making the report 12855
shall make it to the entity specified in that section.12856

       (b) Division (A)(1)(a) of this section applies to any person 12857
who is an attorney; physician, including a hospital intern or 12858
resident; dentist; podiatrist; practitioner of a limited branch of 12859
medicine as specified in section 4731.15 of the Revised Code; 12860
registered nurse; licensed practical nurse; visiting nurse; other 12861
health care professional; licensed psychologist; licensed school 12862
psychologist; independent marriage and family therapist or 12863
marriage and family therapist; speech pathologist or audiologist; 12864
coroner; administrator or employee of a child day-care center; 12865
administrator or employee of a residential camp or child day camp; 12866
administrator or employee of a certified child care agency or 12867
other public or private children services agency; school teacher; 12868
school employee; school authority; person engaged in social work 12869
or the practice of professional counseling; agent of a county 12870
humane society; person, other than a cleric, rendering spiritual 12871
treatment through prayer in accordance with the tenets of a 12872
well-recognized religion; employee of a county department of job 12873
and family services who is a professional and who works with 12874
children and families; superintendent or regional administrator 12875
employed by the department of youth services; superintendent, 12876
board member, or employee of a county board of developmental 12877
disabilities; investigative agent contracted with by a county 12878
board of developmental disabilities; employee of the department of 12879
developmental disabilities; employee of a facility or home that 12880
provides respite care in accordance with section 5123.171 of the 12881
Revised Code; employee of a home health agency; employee of an 12882
entity that provides homemaker services; a person performing the 12883
duties of an assessor pursuant to Chapter 3107. or 5103. of the 12884
Revised Code; or third party employed by a public children 12885
services agency to assist in providing child or family related 12886
services.12887

       (2) Except as provided in division (A)(3) of this section, an 12888
attorney or a physician is not required to make a report pursuant 12889
to division (A)(1) of this section concerning any communication 12890
the attorney or physician receives from a client or patient in an 12891
attorney-client or physician-patient relationship, if, in 12892
accordance with division (A) or (B) of section 2317.02 of the 12893
Revised Code, the attorney or physician could not testify with 12894
respect to that communication in a civil or criminal proceeding.12895

       (3) The client or patient in an attorney-client or 12896
physician-patient relationship described in division (A)(2) of 12897
this section is deemed to have waived any testimonial privilege 12898
under division (A) or (B) of section 2317.02 of the Revised Code 12899
with respect to any communication the attorney or physician 12900
receives from the client or patient in that attorney-client or 12901
physician-patient relationship, and the attorney or physician 12902
shall make a report pursuant to division (A)(1) of this section 12903
with respect to that communication, if all of the following apply:12904

       (a) The client or patient, at the time of the communication, 12905
is either a child under eighteen years of age or a mentally 12906
retarded, developmentally disabled, or physically impaired person 12907
under twenty-one years of age.12908

       (b) The attorney or physician knows, or has reasonable cause 12909
to suspect based on facts that would cause a reasonable person in 12910
similar position to suspect, as a result of the communication or 12911
any observations made during that communication, that the client 12912
or patient has suffered or faces a threat of suffering any 12913
physical or mental wound, injury, disability, or condition of a 12914
nature that reasonably indicates abuse or neglect of the client or 12915
patient.12916

       (c) The abuse or neglect does not arise out of the client's 12917
or patient's attempt to have an abortion without the notification 12918
of her parents, guardian, or custodian in accordance with section 12919
2151.85 of the Revised Code.12920

       (4)(a) No cleric and no person, other than a volunteer, 12921
designated by any church, religious society, or faith acting as a 12922
leader, official, or delegate on behalf of the church, religious 12923
society, or faith who is acting in an official or professional 12924
capacity, who knows, or has reasonable cause to believe based on 12925
facts that would cause a reasonable person in a similar position 12926
to believe, that a child under eighteen years of age or a mentally 12927
retarded, developmentally disabled, or physically impaired child 12928
under twenty-one years of age has suffered or faces a threat of 12929
suffering any physical or mental wound, injury, disability, or 12930
condition of a nature that reasonably indicates abuse or neglect 12931
of the child, and who knows, or has reasonable cause to believe 12932
based on facts that would cause a reasonable person in a similar 12933
position to believe, that another cleric or another person, other 12934
than a volunteer, designated by a church, religious society, or 12935
faith acting as a leader, official, or delegate on behalf of the 12936
church, religious society, or faith caused, or poses the threat of 12937
causing, the wound, injury, disability, or condition that 12938
reasonably indicates abuse or neglect shall fail to immediately 12939
report that knowledge or reasonable cause to believe to the entity 12940
or persons specified in this division. Except as provided in 12941
section 5120.173 of the Revised Code, the person making the report 12942
shall make it to the public children services agency or a 12943
municipal or county peace officer in the county in which the child 12944
resides or in which the abuse or neglect is occurring or has 12945
occurred. In the circumstances described in section 5120.173 of 12946
the Revised Code, the person making the report shall make it to 12947
the entity specified in that section.12948

        (b) Except as provided in division (A)(4)(c) of this section, 12949
a cleric is not required to make a report pursuant to division 12950
(A)(4)(a) of this section concerning any communication the cleric 12951
receives from a penitent in a cleric-penitent relationship, if, in 12952
accordance with division (C) of section 2317.02 of the Revised 12953
Code, the cleric could not testify with respect to that 12954
communication in a civil or criminal proceeding.12955

        (c) The penitent in a cleric-penitent relationship described 12956
in division (A)(4)(b) of this section is deemed to have waived any 12957
testimonial privilege under division (C) of section 2317.02 of the 12958
Revised Code with respect to any communication the cleric receives 12959
from the penitent in that cleric-penitent relationship, and the 12960
cleric shall make a report pursuant to division (A)(4)(a) of this 12961
section with respect to that communication, if all of the 12962
following apply:12963

        (i) The penitent, at the time of the communication, is either 12964
a child under eighteen years of age or a mentally retarded, 12965
developmentally disabled, or physically impaired person under 12966
twenty-one years of age.12967

        (ii) The cleric knows, or has reasonable cause to believe 12968
based on facts that would cause a reasonable person in a similar 12969
position to believe, as a result of the communication or any 12970
observations made during that communication, the penitent has 12971
suffered or faces a threat of suffering any physical or mental 12972
wound, injury, disability, or condition of a nature that 12973
reasonably indicates abuse or neglect of the penitent.12974

        (iii) The abuse or neglect does not arise out of the 12975
penitent's attempt to have an abortion performed upon a child 12976
under eighteen years of age or upon a mentally retarded, 12977
developmentally disabled, or physically impaired person under 12978
twenty-one years of age without the notification of her parents, 12979
guardian, or custodian in accordance with section 2151.85 of the 12980
Revised Code.12981

       (d) Divisions (A)(4)(a) and (c) of this section do not apply 12982
in a cleric-penitent relationship when the disclosure of any 12983
communication the cleric receives from the penitent is in 12984
violation of the sacred trust.12985

        (e) As used in divisions (A)(1) and (4) of this section, 12986
"cleric" and "sacred trust" have the same meanings as in section 12987
2317.02 of the Revised Code.12988

       (B) Anyone who knows, or has reasonable cause to suspect 12989
based on facts that would cause a reasonable person in similar 12990
circumstances to suspect, that a child under eighteen years of age 12991
or a mentally retarded, developmentally disabled, or physically 12992
impaired person under twenty-one years of age has suffered or 12993
faces a threat of suffering any physical or mental wound, injury, 12994
disability, or other condition of a nature that reasonably 12995
indicates abuse or neglect of the child may report or cause 12996
reports to be made of that knowledge or reasonable cause to 12997
suspect to the entity or persons specified in this division. 12998
Except as provided in section 5120.173 of the Revised Code, a 12999
person making a report or causing a report to be made under this 13000
division shall make it or cause it to be made to the public 13001
children services agency or to a municipal or county peace 13002
officer. In the circumstances described in section 5120.173 of the 13003
Revised Code, a person making a report or causing a report to be 13004
made under this division shall make it or cause it to be made to 13005
the entity specified in that section.13006

       (C) Any report made pursuant to division (A) or (B) of this 13007
section shall be made forthwith either by telephone or in person 13008
and shall be followed by a written report, if requested by the 13009
receiving agency or officer. The written report shall contain:13010

       (1) The names and addresses of the child and the child's 13011
parents or the person or persons having custody of the child, if 13012
known;13013

       (2) The child's age and the nature and extent of the child's 13014
injuries, abuse, or neglect that is known or reasonably suspected 13015
or believed, as applicable, to have occurred or of the threat of 13016
injury, abuse, or neglect that is known or reasonably suspected or 13017
believed, as applicable, to exist, including any evidence of 13018
previous injuries, abuse, or neglect;13019

       (3) Any other information that might be helpful in 13020
establishing the cause of the injury, abuse, or neglect that is 13021
known or reasonably suspected or believed, as applicable, to have 13022
occurred or of the threat of injury, abuse, or neglect that is 13023
known or reasonably suspected or believed, as applicable, to 13024
exist.13025

       Any person, who is required by division (A) of this section 13026
to report child abuse or child neglect that is known or reasonably 13027
suspected or believed to have occurred, may take or cause to be 13028
taken color photographs of areas of trauma visible on a child and, 13029
if medically indicated, cause to be performed radiological 13030
examinations of the child.13031

       (D) As used in this division, "children's advocacy center" 13032
and "sexual abuse of a child" have the same meanings as in section 13033
2151.425 of the Revised Code.13034

       (1) When a municipal or county peace officer receives a 13035
report concerning the possible abuse or neglect of a child or the 13036
possible threat of abuse or neglect of a child, upon receipt of 13037
the report, the municipal or county peace officer who receives the 13038
report shall refer the report to the appropriate public children 13039
services agency.13040

       (2) When a public children services agency receives a report 13041
pursuant to this division or division (A) or (B) of this section, 13042
upon receipt of the report, the public children services agency 13043
shall do both of the following:13044

       (a) Comply with section 2151.422 of the Revised Code;13045

       (b) If the county served by the agency is also served by a 13046
children's advocacy center and the report alleges sexual abuse of 13047
a child or another type of abuse of a child that is specified in 13048
the memorandum of understanding that creates the center as being 13049
within the center's jurisdiction, comply regarding the report with 13050
the protocol and procedures for referrals and investigations, with 13051
the coordinating activities, and with the authority or 13052
responsibility for performing or providing functions, activities, 13053
and services stipulated in the interagency agreement entered into 13054
under section 2151.428 of the Revised Code relative to that 13055
center.13056

       (E) No township, municipal, or county peace officer shall 13057
remove a child about whom a report is made pursuant to this 13058
section from the child's parents, stepparents, or guardian or any 13059
other persons having custody of the child without consultation 13060
with the public children services agency, unless, in the judgment 13061
of the officer, and, if the report was made by physician, the 13062
physician, immediate removal is considered essential to protect 13063
the child from further abuse or neglect. The agency that must be 13064
consulted shall be the agency conducting the investigation of the 13065
report as determined pursuant to section 2151.422 of the Revised 13066
Code.13067

       (F)(1) Except as provided in section 2151.422 of the Revised 13068
Code or in an interagency agreement entered into under section 13069
2151.428 of the Revised Code that applies to the particular 13070
report, the public children services agency shall investigate, 13071
within twenty-four hours, each report of child abuse or child 13072
neglect that is known or reasonably suspected or believed to have 13073
occurred and of a threat of child abuse or child neglect that is 13074
known or reasonably suspected or believed to exist that is 13075
referred to it under this section to determine the circumstances 13076
surrounding the injuries, abuse, or neglect or the threat of 13077
injury, abuse, or neglect, the cause of the injuries, abuse, 13078
neglect, or threat, and the person or persons responsible. The 13079
investigation shall be made in cooperation with the law 13080
enforcement agency and in accordance with the memorandum of 13081
understanding prepared under division (J) of this section. A 13082
representative of the public children services agency shall, at 13083
the time of initial contact with the person subject to the 13084
investigation, inform the person of the specific complaints or 13085
allegations made against the person. The information shall be 13086
given in a manner that is consistent with division (H)(1) of this 13087
section and protects the rights of the person making the report 13088
under this section.13089

        A failure to make the investigation in accordance with the 13090
memorandum is not grounds for, and shall not result in, the 13091
dismissal of any charges or complaint arising from the report or 13092
the suppression of any evidence obtained as a result of the report 13093
and does not give, and shall not be construed as giving, any 13094
rights or any grounds for appeal or post-conviction relief to any 13095
person. The public children services agency shall report each case 13096
to the uniform statewide automated child welfare information 13097
system that the department of job and family services shall 13098
maintain in accordance with section 5101.13 of the Revised Code. 13099
The public children services agency shall submit a report of its 13100
investigation, in writing, to the law enforcement agency.13101

       (2) The public children services agency shall make any 13102
recommendations to the county prosecuting attorney or city 13103
director of law that it considers necessary to protect any 13104
children that are brought to its attention.13105

       (G)(1)(a) Except as provided in division (H)(3) of this 13106
section, anyone or any hospital, institution, school, health 13107
department, or agency participating in the making of reports under 13108
division (A) of this section, anyone or any hospital, institution, 13109
school, health department, or agency participating in good faith 13110
in the making of reports under division (B) of this section, and 13111
anyone participating in good faith in a judicial proceeding 13112
resulting from the reports, shall be immune from any civil or 13113
criminal liability for injury, death, or loss to person or 13114
property that otherwise might be incurred or imposed as a result 13115
of the making of the reports or the participation in the judicial 13116
proceeding.13117

       (b) Notwithstanding section 4731.22 of the Revised Code, the 13118
physician-patient privilege shall not be a ground for excluding 13119
evidence regarding a child's injuries, abuse, or neglect, or the 13120
cause of the injuries, abuse, or neglect in any judicial 13121
proceeding resulting from a report submitted pursuant to this 13122
section.13123

       (2) In any civil or criminal action or proceeding in which it 13124
is alleged and proved that participation in the making of a report 13125
under this section was not in good faith or participation in a 13126
judicial proceeding resulting from a report made under this 13127
section was not in good faith, the court shall award the 13128
prevailing party reasonable attorney's fees and costs and, if a 13129
civil action or proceeding is voluntarily dismissed, may award 13130
reasonable attorney's fees and costs to the party against whom the 13131
civil action or proceeding is brought.13132

       (H)(1) Except as provided in divisions (H)(4) and (N) of this 13133
section, a report made under this section is confidential. The 13134
information provided in a report made pursuant to this section and 13135
the name of the person who made the report shall not be released 13136
for use, and shall not be used, as evidence in any civil action or 13137
proceeding brought against the person who made the report. Nothing 13138
in this division shall preclude the use of reports of other 13139
incidents of known or suspected abuse or neglect in a civil action 13140
or proceeding brought pursuant to division (M) of this section 13141
against a person who is alleged to have violated division (A)(1) 13142
of this section, provided that any information in a report that 13143
would identify the child who is the subject of the report or the 13144
maker of the report, if the maker of the report is not the 13145
defendant or an agent or employee of the defendant, has been 13146
redacted. In a criminal proceeding, the report is admissible in 13147
evidence in accordance with the Rules of Evidence and is subject 13148
to discovery in accordance with the Rules of Criminal Procedure.13149

       (2) No person shall permit or encourage the unauthorized 13150
dissemination of the contents of any report made under this 13151
section.13152

       (3) A person who knowingly makes or causes another person to 13153
make a false report under division (B) of this section that 13154
alleges that any person has committed an act or omission that 13155
resulted in a child being an abused child or a neglected child is 13156
guilty of a violation of section 2921.14 of the Revised Code.13157

       (4) If a report is made pursuant to division (A) or (B) of 13158
this section and the child who is the subject of the report dies 13159
for any reason at any time after the report is made, but before 13160
the child attains eighteen years of age, the public children 13161
services agency or municipal or county peace officer to which the 13162
report was made or referred, on the request of the child fatality 13163
review board, shall submit a summary sheet of information 13164
providing a summary of the report to the review board of the 13165
county in which the deceased child resided at the time of death. 13166
On the request of the review board, the agency or peace officer 13167
may, at its discretion, make the report available to the review 13168
board. If the county served by the public children services agency 13169
is also served by a children's advocacy center and the report of 13170
alleged sexual abuse of a child or another type of abuse of a 13171
child is specified in the memorandum of understanding that creates 13172
the center as being within the center's jurisdiction, the agency 13173
or center shall perform the duties and functions specified in this 13174
division in accordance with the interagency agreement entered into 13175
under section 2151.428 of the Revised Code relative to that 13176
advocacy center.13177

       (5) A public children services agency shall advise a person 13178
alleged to have inflicted abuse or neglect on a child who is the 13179
subject of a report made pursuant to this section, including a 13180
report alleging sexual abuse of a child or another type of abuse 13181
of a child referred to a children's advocacy center pursuant to an 13182
interagency agreement entered into under section 2151.428 of the 13183
Revised Code, in writing of the disposition of the investigation. 13184
The agency shall not provide to the person any information that 13185
identifies the person who made the report, statements of 13186
witnesses, or police or other investigative reports.13187

       (I) Any report that is required by this section, other than a 13188
report that is made to the state highway patrol as described in 13189
section 5120.173 of the Revised Code, shall result in protective 13190
services and emergency supportive services being made available by 13191
the public children services agency on behalf of the children 13192
about whom the report is made, in an effort to prevent further 13193
neglect or abuse, to enhance their welfare, and, whenever 13194
possible, to preserve the family unit intact. The agency required 13195
to provide the services shall be the agency conducting the 13196
investigation of the report pursuant to section 2151.422 of the 13197
Revised Code.13198

       (J)(1) Each public children services agency shall prepare a 13199
memorandum of understanding that is signed by all of the 13200
following:13201

       (a) If there is only one juvenile judge in the county, the 13202
juvenile judge of the county or the juvenile judge's 13203
representative;13204

       (b) If there is more than one juvenile judge in the county, a 13205
juvenile judge or the juvenile judges' representative selected by 13206
the juvenile judges or, if they are unable to do so for any 13207
reason, the juvenile judge who is senior in point of service or 13208
the senior juvenile judge's representative;13209

       (c) The county peace officer;13210

       (d) All chief municipal peace officers within the county;13211

       (e) Other law enforcement officers handling child abuse and 13212
neglect cases in the county;13213

       (f) The prosecuting attorney of the county;13214

       (g) If the public children services agency is not the county 13215
department of job and family services, the county department of 13216
job and family services;13217

       (h) The county humane society;13218

       (i) If the public children services agency participated in 13219
the execution of a memorandum of understanding under section 13220
2151.426 of the Revised Code establishing a children's advocacy 13221
center, each participating member of the children's advocacy 13222
center established by the memorandum.13223

       (2) A memorandum of understanding shall set forth the normal 13224
operating procedure to be employed by all concerned officials in 13225
the execution of their respective responsibilities under this 13226
section and division (C) of section 2919.21, division (B)(1) of 13227
section 2919.22, division (B) of section 2919.23, and section 13228
2919.24 of the Revised Code and shall have as two of its primary 13229
goals the elimination of all unnecessary interviews of children 13230
who are the subject of reports made pursuant to division (A) or 13231
(B) of this section and, when feasible, providing for only one 13232
interview of a child who is the subject of any report made 13233
pursuant to division (A) or (B) of this section. A failure to 13234
follow the procedure set forth in the memorandum by the concerned 13235
officials is not grounds for, and shall not result in, the 13236
dismissal of any charges or complaint arising from any reported 13237
case of abuse or neglect or the suppression of any evidence 13238
obtained as a result of any reported child abuse or child neglect 13239
and does not give, and shall not be construed as giving, any 13240
rights or any grounds for appeal or post-conviction relief to any 13241
person.13242

       (3) A memorandum of understanding shall include all of the 13243
following:13244

       (a) The roles and responsibilities for handling emergency and 13245
nonemergency cases of abuse and neglect;13246

       (b) Standards and procedures to be used in handling and 13247
coordinating investigations of reported cases of child abuse and 13248
reported cases of child neglect, methods to be used in 13249
interviewing the child who is the subject of the report and who 13250
allegedly was abused or neglected, and standards and procedures 13251
addressing the categories of persons who may interview the child 13252
who is the subject of the report and who allegedly was abused or 13253
neglected.13254

       (4) If a public children services agency participated in the 13255
execution of a memorandum of understanding under section 2151.426 13256
of the Revised Code establishing a children's advocacy center, the 13257
agency shall incorporate the contents of that memorandum in the 13258
memorandum prepared pursuant to this section.13259

       (5) The clerk of the court of common pleas in the county may 13260
sign the memorandum of understanding prepared under division 13261
(J)(1) of this section. If the clerk signs the memorandum of 13262
understanding, the clerk shall execute all relevant 13263
responsibilities as required of officials specified in the 13264
memorandum.13265

       (K)(1) Except as provided in division (K)(4) of this section, 13266
a person who is required to make a report pursuant to division (A) 13267
of this section may make a reasonable number of requests of the 13268
public children services agency that receives or is referred the 13269
report, or of the children's advocacy center that is referred the 13270
report if the report is referred to a children's advocacy center 13271
pursuant to an interagency agreement entered into under section 13272
2151.428 of the Revised Code, to be provided with the following 13273
information:13274

       (a) Whether the agency or center has initiated an 13275
investigation of the report;13276

       (b) Whether the agency or center is continuing to investigate 13277
the report;13278

       (c) Whether the agency or center is otherwise involved with 13279
the child who is the subject of the report;13280

       (d) The general status of the health and safety of the child 13281
who is the subject of the report;13282

       (e) Whether the report has resulted in the filing of a 13283
complaint in juvenile court or of criminal charges in another 13284
court.13285

       (2) A person may request the information specified in 13286
division (K)(1) of this section only if, at the time the report is 13287
made, the person's name, address, and telephone number are 13288
provided to the person who receives the report.13289

       When a municipal or county peace officer or employee of a 13290
public children services agency receives a report pursuant to 13291
division (A) or (B) of this section the recipient of the report 13292
shall inform the person of the right to request the information 13293
described in division (K)(1) of this section. The recipient of the 13294
report shall include in the initial child abuse or child neglect 13295
report that the person making the report was so informed and, if 13296
provided at the time of the making of the report, shall include 13297
the person's name, address, and telephone number in the report.13298

       Each request is subject to verification of the identity of 13299
the person making the report. If that person's identity is 13300
verified, the agency shall provide the person with the information 13301
described in division (K)(1) of this section a reasonable number 13302
of times, except that the agency shall not disclose any 13303
confidential information regarding the child who is the subject of 13304
the report other than the information described in those 13305
divisions.13306

       (3) A request made pursuant to division (K)(1) of this 13307
section is not a substitute for any report required to be made 13308
pursuant to division (A) of this section.13309

       (4) If an agency other than the agency that received or was 13310
referred the report is conducting the investigation of the report 13311
pursuant to section 2151.422 of the Revised Code, the agency 13312
conducting the investigation shall comply with the requirements of 13313
division (K) of this section.13314

       (L) The director of job and family services shall adopt rules 13315
in accordance with Chapter 119. of the Revised Code to implement 13316
this section. The department of job and family services may enter 13317
into a plan of cooperation with any other governmental entity to 13318
aid in ensuring that children are protected from abuse and 13319
neglect. The department shall make recommendations to the attorney 13320
general that the department determines are necessary to protect 13321
children from child abuse and child neglect.13322

       (M) Whoever violates division (A) of this section is liable 13323
for compensatory and exemplary damages to the child who would have 13324
been the subject of the report that was not made. A person who 13325
brings a civil action or proceeding pursuant to this division 13326
against a person who is alleged to have violated division (A)(1) 13327
of this section may use in the action or proceeding reports of 13328
other incidents of known or suspected abuse or neglect, provided 13329
that any information in a report that would identify the child who 13330
is the subject of the report or the maker of the report, if the 13331
maker is not the defendant or an agent or employee of the 13332
defendant, has been redacted.13333

       (N)(1) As used in this division:13334

        (a) "Out-of-home care" includes a nonchartered nonpublic 13335
school if the alleged child abuse or child neglect, or alleged 13336
threat of child abuse or child neglect, described in a report 13337
received by a public children services agency allegedly occurred 13338
in or involved the nonchartered nonpublic school and the alleged 13339
perpetrator named in the report holds a certificate, permit, or 13340
license issued by the state board of education under section 13341
3301.071 or Chapter 3319. of the Revised Code.13342

        (b) "Administrator, director, or other chief administrative 13343
officer" means the superintendent of the school district if the 13344
out-of-home care entity subject to a report made pursuant to this 13345
section is a school operated by the district.13346

        (2) No later than the end of the day following the day on 13347
which a public children services agency receives a report of 13348
alleged child abuse or child neglect, or a report of an alleged 13349
threat of child abuse or child neglect, that allegedly occurred in 13350
or involved an out-of-home care entity, the agency shall provide 13351
written notice of the allegations contained in and the person 13352
named as the alleged perpetrator in the report to the 13353
administrator, director, or other chief administrative officer of 13354
the out-of-home care entity that is the subject of the report 13355
unless the administrator, director, or other chief administrative 13356
officer is named as an alleged perpetrator in the report. If the 13357
administrator, director, or other chief administrative officer of 13358
an out-of-home care entity is named as an alleged perpetrator in a 13359
report of alleged child abuse or child neglect, or a report of an 13360
alleged threat of child abuse or child neglect, that allegedly 13361
occurred in or involved the out-of-home care entity, the agency 13362
shall provide the written notice to the owner or governing board 13363
of the out-of-home care entity that is the subject of the report. 13364
The agency shall not provide witness statements or police or other 13365
investigative reports.13366

       (3) No later than three days after the day on which a public 13367
children services agency that conducted the investigation as 13368
determined pursuant to section 2151.422 of the Revised Code makes 13369
a disposition of an investigation involving a report of alleged 13370
child abuse or child neglect, or a report of an alleged threat of 13371
child abuse or child neglect, that allegedly occurred in or 13372
involved an out-of-home care entity, the agency shall send written 13373
notice of the disposition of the investigation to the 13374
administrator, director, or other chief administrative officer and 13375
the owner or governing board of the out-of-home care entity. The 13376
agency shall not provide witness statements or police or other 13377
investigative reports.13378

       (O) As used in this section, "investigation" means the public 13379
children services agency's response to an accepted report of child 13380
abuse or neglect through either an alternative response or a 13381
traditional response.13382

       Sec. 2152.19.  (A) If a child is adjudicated a delinquent 13383
child, the court may make any of the following orders of 13384
disposition, in addition to any other disposition authorized or 13385
required by this chapter:13386

       (1) Any order that is authorized by section 2151.353 of the 13387
Revised Code for the care and protection of an abused, neglected, 13388
or dependent child;13389

       (2) Commit the child to the temporary custody of any school, 13390
camp, institution, or other facility operated for the care of 13391
delinquent children by the county, by a district organized under 13392
section 2152.41 or 2151.65 of the Revised Code, or by a private 13393
agency or organization, within or without the state, that is 13394
authorized and qualified to provide the care, treatment, or 13395
placement required, including, but not limited to, a school, camp, 13396
or facility operated under section 2151.65 of the Revised Code;13397

       (3) Place the child in a detention facility or district 13398
detention facility operated under section 2152.41 of the Revised 13399
Code, for up to ninety days;13400

       (4) Place the child on community control under any sanctions, 13401
services, and conditions that the court prescribes. As a condition 13402
of community control in every case and in addition to any other 13403
condition that it imposes upon the child, the court shall require 13404
the child to abide by the law during the period of community 13405
control. As referred to in this division, community control 13406
includes, but is not limited to, the following sanctions and 13407
conditions:13408

       (a) A period of basic probation supervision in which the 13409
child is required to maintain contact with a person appointed to 13410
supervise the child in accordance with sanctions imposed by the 13411
court;13412

       (b) A period of intensive probation supervision in which the 13413
child is required to maintain frequent contact with a person 13414
appointed by the court to supervise the child while the child is 13415
seeking or maintaining employment and participating in training, 13416
education, and treatment programs as the order of disposition;13417

       (c) A period of day reporting in which the child is required 13418
each day to report to and leave a center or another approved 13419
reporting location at specified times in order to participate in 13420
work, education or training, treatment, and other approved 13421
programs at the center or outside the center;13422

       (d) A period of community service of up to five hundred hours 13423
for an act that would be a felony or a misdemeanor of the first 13424
degree if committed by an adult, up to two hundred hours for an 13425
act that would be a misdemeanor of the second, third, or fourth 13426
degree if committed by an adult, or up to thirty hours for an act 13427
that would be a minor misdemeanor if committed by an adult;13428

       (e) A requirement that the child obtain a high school 13429
diploma, a certificate of high school equivalence, vocational 13430
training, or employment;13431

       (f) A period of drug and alcohol use monitoring;13432

       (g) A requirement of alcohol or drug assessment or 13433
counseling, or a period in an alcohol or drug treatment program 13434
with a level of security for the child as determined necessary by 13435
the court;13436

       (h) A period in which the court orders the child to observe a 13437
curfew that may involve daytime or evening hours;13438

       (i) A requirement that the child serve monitored time;13439

       (j) A period of house arrest without electronic monitoring or 13440
continuous alcohol monitoring;13441

       (k) A period of electronic monitoring or continuous alcohol 13442
monitoring without house arrest, or house arrest with electronic 13443
monitoring or continuous alcohol monitoring or both electronic 13444
monitoring and continuous alcohol monitoring, that does not exceed 13445
the maximum sentence of imprisonment that could be imposed upon an 13446
adult who commits the same act.13447

       A period of house arrest with electronic monitoring or 13448
continuous alcohol monitoring or both electronic monitoring and 13449
continuous alcohol monitoring, imposed under this division shall 13450
not extend beyond the child's twenty-first birthday. If a court 13451
imposes a period of house arrest with electronic monitoring or 13452
continuous alcohol monitoring or both electronic monitoring and 13453
continuous alcohol monitoring, upon a child under this division, 13454
it shall require the child: to remain in the child's home or other 13455
specified premises for the entire period of house arrest with 13456
electronic monitoring or continuous alcohol monitoring or both 13457
except when the court permits the child to leave those premises to 13458
go to school or to other specified premises. Regarding electronic 13459
monitoring, the court also shall require the child to be monitored 13460
by a central system that can determine the child's location at 13461
designated times; to report periodically to a person designated by 13462
the court; and to enter into a written contract with the court 13463
agreeing to comply with all requirements imposed by the court, 13464
agreeing to pay any fee imposed by the court for the costs of the 13465
house arrest with electronic monitoring, and agreeing to waive the 13466
right to receive credit for any time served on house arrest with 13467
electronic monitoring toward the period of any other dispositional 13468
order imposed upon the child if the child violates any of the 13469
requirements of the dispositional order of house arrest with 13470
electronic monitoring. The court also may impose other reasonable 13471
requirements upon the child.13472

       Unless ordered by the court, a child shall not receive credit 13473
for any time served on house arrest with electronic monitoring or 13474
continuous alcohol monitoring or both toward any other 13475
dispositional order imposed upon the child for the act for which 13476
was imposed the dispositional order of house arrest with 13477
electronic monitoring or continuous alcohol monitoring. As used in 13478
this division and division (A)(4)(l) of this section, "continuous 13479
alcohol monitoring" has the same meaning as in section 2929.01 of 13480
the Revised Code.13481

       (l) A suspension of the driver's license, probationary 13482
driver's license, or temporary instruction permit issued to the 13483
child for a period of time prescribed by the court, or a 13484
suspension of the registration of all motor vehicles registered in 13485
the name of the child for a period of time prescribed by the 13486
court. A child whose license or permit is so suspended is 13487
ineligible for issuance of a license or permit during the period 13488
of suspension. At the end of the period of suspension, the child 13489
shall not be reissued a license or permit until the child has paid 13490
any applicable reinstatement fee and complied with all 13491
requirements governing license reinstatement.13492

       (5) Commit the child to the custody of the court;13493

       (6) Require the child to not be absent without legitimate 13494
excuse from the public school the child is supposed to attend for 13495
five or more consecutive days, seven or more school days in one 13496
school month, or twelve or more school days in a school year;13497

       (7)(a) If a child is adjudicated a delinquent child for being 13498
a chronic truant or a habitual truant who previously has been 13499
adjudicated an unruly child for being a habitual truant, do either 13500
or both of the following:13501

       (i) Require the child to participate in a truancy prevention 13502
mediation program;13503

       (ii) Make any order of disposition as authorized by this 13504
section, except that the court shall not commit the child to a 13505
facility described in division (A)(2) or (3) of this section 13506
unless the court determines that the child violated a lawful court 13507
order made pursuant to division (C)(1)(e) of section 2151.354 of 13508
the Revised Code or division (A)(6) of this section.13509

       (b) If a child is adjudicated a delinquent child for being a 13510
chronic truant or a habitual truant who previously has been 13511
adjudicated an unruly child for being a habitual truant and the 13512
court determines that the parent, guardian, or other person having 13513
care of the child has failed to cause the child's attendance at 13514
school in violation of section 3321.38 of the Revised Code, do 13515
either or both of the following:13516

       (i) Require the parent, guardian, or other person having care 13517
of the child to participate in a truancy prevention mediation 13518
program;13519

       (ii) Require the parent, guardian, or other person having 13520
care of the child to participate in any community service program, 13521
preferably a community service program that requires the 13522
involvement of the parent, guardian, or other person having care 13523
of the child in the school attended by the child.13524

       (8) Make any further disposition that the court finds proper, 13525
except that the child shall not be placed in any of the following:13526

       (a) Aa state correctional institution, a county, 13527
multicounty, or municipal jail or workhouse, or another place in 13528
which an adult convicted of a crime, under arrest, or charged with 13529
a crime is held;13530

       (b) A community corrections facility, if the child would be 13531
covered by the definition of public safety beds for purposes of 13532
sections 5139.41 to 5139.43 of the Revised Code if the court 13533
exercised its authority to commit the child to the legal custody 13534
of the department of youth services for institutionalization or 13535
institutionalization in a secure facility pursuant to this 13536
chapter.13537

       (B) If a child is adjudicated a delinquent child, in addition 13538
to any order of disposition made under division (A) of this 13539
section, the court, in the following situations and for the 13540
specified periods of time, shall suspend the child's temporary 13541
instruction permit, restricted license, probationary driver's 13542
license, or nonresident operating privilege, or suspend the 13543
child's ability to obtain such a permit:13544

       (1) If the child is adjudicated a delinquent child for 13545
violating section 2923.122 of the Revised Code, impose a class 13546
four suspension of the child's license, permit, or privilege from 13547
the range specified in division (A)(4) of section 4510.02 of the 13548
Revised Code or deny the child the issuance of a license or permit 13549
in accordance with division (F)(1) of section 2923.122 of the 13550
Revised Code.13551

       (2) If the child is adjudicated a delinquent child for 13552
committing an act that if committed by an adult would be a drug 13553
abuse offense or for violating division (B) of section 2917.11 of 13554
the Revised Code, suspend the child's license, permit, or 13555
privilege for a period of time prescribed by the court. The court, 13556
in its discretion, may terminate the suspension if the child 13557
attends and satisfactorily completes a drug abuse or alcohol abuse 13558
education, intervention, or treatment program specified by the 13559
court. During the time the child is attending a program described 13560
in this division, the court shall retain the child's temporary 13561
instruction permit, probationary driver's license, or driver's 13562
license, and the court shall return the permit or license if it 13563
terminates the suspension as described in this division.13564

       (C) The court may establish a victim-offender mediation 13565
program in which victims and their offenders meet to discuss the 13566
offense and suggest possible restitution. If the court obtains the 13567
assent of the victim of the delinquent act committed by the child, 13568
the court may require the child to participate in the program.13569

       (D)(1) If a child is adjudicated a delinquent child for 13570
committing an act that would be a felony if committed by an adult 13571
and if the child caused, attempted to cause, threatened to cause, 13572
or created a risk of physical harm to the victim of the act, the 13573
court, prior to issuing an order of disposition under this 13574
section, shall order the preparation of a victim impact statement 13575
by the probation department of the county in which the victim of 13576
the act resides, by the court's own probation department, or by a 13577
victim assistance program that is operated by the state, a county, 13578
a municipal corporation, or another governmental entity. The court 13579
shall consider the victim impact statement in determining the 13580
order of disposition to issue for the child.13581

       (2) Each victim impact statement shall identify the victim of 13582
the act for which the child was adjudicated a delinquent child, 13583
itemize any economic loss suffered by the victim as a result of 13584
the act, identify any physical injury suffered by the victim as a 13585
result of the act and the seriousness and permanence of the 13586
injury, identify any change in the victim's personal welfare or 13587
familial relationships as a result of the act and any 13588
psychological impact experienced by the victim or the victim's 13589
family as a result of the act, and contain any other information 13590
related to the impact of the act upon the victim that the court 13591
requires.13592

       (3) A victim impact statement shall be kept confidential and 13593
is not a public record. However, the court may furnish copies of 13594
the statement to the department of youth services if the 13595
delinquent child is committed to the department or to both the 13596
adjudicated delinquent child or the adjudicated delinquent child's 13597
counsel and the prosecuting attorney. The copy of a victim impact 13598
statement furnished by the court to the department pursuant to 13599
this section shall be kept confidential and is not a public 13600
record. If an officer is preparing pursuant to section 2947.06 or 13601
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence 13602
investigation report pertaining to a person, the court shall make 13603
available to the officer, for use in preparing the report, a copy 13604
of any victim impact statement regarding that person. The copies 13605
of a victim impact statement that are made available to the 13606
adjudicated delinquent child or the adjudicated delinquent child's 13607
counsel and the prosecuting attorney pursuant to this division 13608
shall be returned to the court by the person to whom they were 13609
made available immediately following the imposition of an order of 13610
disposition for the child under this chapter.13611

       The copy of a victim impact statement that is made available 13612
pursuant to this division to an officer preparing a criminal 13613
presentence investigation report shall be returned to the court by 13614
the officer immediately following its use in preparing the report.13615

       (4) The department of youth services shall work with local 13616
probation departments and victim assistance programs to develop a 13617
standard victim impact statement.13618

       (E) If a child is adjudicated a delinquent child for being a 13619
chronic truant or a habitual truant who previously has been 13620
adjudicated an unruly child for being a habitual truant and the 13621
court determines that the parent, guardian, or other person having 13622
care of the child has failed to cause the child's attendance at 13623
school in violation of section 3321.38 of the Revised Code, in 13624
addition to any order of disposition it makes under this section, 13625
the court shall warn the parent, guardian, or other person having 13626
care of the child that any subsequent adjudication of the child as 13627
an unruly or delinquent child for being a habitual or chronic 13628
truant may result in a criminal charge against the parent, 13629
guardian, or other person having care of the child for a violation 13630
of division (C) of section 2919.21 or section 2919.24 of the 13631
Revised Code.13632

       (F)(1) During the period of a delinquent child's community 13633
control granted under this section, authorized probation officers 13634
who are engaged within the scope of their supervisory duties or 13635
responsibilities may search, with or without a warrant, the person 13636
of the delinquent child, the place of residence of the delinquent 13637
child, and a motor vehicle, another item of tangible or intangible 13638
personal property, or other real property in which the delinquent 13639
child has a right, title, or interest or for which the delinquent 13640
child has the express or implied permission of a person with a 13641
right, title, or interest to use, occupy, or possess if the 13642
probation officers have reasonable grounds to believe that the 13643
delinquent child is not abiding by the law or otherwise is not 13644
complying with the conditions of the delinquent child's community 13645
control. The court that places a delinquent child on community 13646
control under this section shall provide the delinquent child with 13647
a written notice that informs the delinquent child that authorized 13648
probation officers who are engaged within the scope of their 13649
supervisory duties or responsibilities may conduct those types of 13650
searches during the period of community control if they have 13651
reasonable grounds to believe that the delinquent child is not 13652
abiding by the law or otherwise is not complying with the 13653
conditions of the delinquent child's community control. The court 13654
also shall provide the written notice described in division (E)(2) 13655
of this section to each parent, guardian, or custodian of the 13656
delinquent child who is described in that division.13657

       (2) The court that places a child on community control under 13658
this section shall provide the child's parent, guardian, or other 13659
custodian with a written notice that informs them that authorized 13660
probation officers may conduct searches pursuant to division 13661
(E)(1) of this section. The notice shall specifically state that a 13662
permissible search might extend to a motor vehicle, another item 13663
of tangible or intangible personal property, or a place of 13664
residence or other real property in which a notified parent, 13665
guardian, or custodian has a right, title, or interest and that 13666
the parent, guardian, or custodian expressly or impliedly permits 13667
the child to use, occupy, or possess.13668

       (G) If a juvenile court commits a delinquent child to the 13669
custody of any person, organization, or entity pursuant to this 13670
section and if the delinquent act for which the child is so 13671
committed is a sexually oriented offense or is a child-victim 13672
oriented offense, the court in the order of disposition shall do 13673
one of the following:13674

       (1) Require that the child be provided treatment as described 13675
in division (A)(2) of section 5139.13 of the Revised Code;13676

       (2) Inform the person, organization, or entity that it is the 13677
preferred course of action in this state that the child be 13678
provided treatment as described in division (A)(2) of section 13679
5139.13 of the Revised Code and encourage the person, 13680
organization, or entity to provide that treatment.13681

       Sec. 2305.25. As used in this section and sections 2305.251 13682
to 2305.253 of the Revised Code:13683

       (A)(1) "Health care entity" means an entity, whether acting 13684
on its own behalf or on behalf of or in affiliation with other 13685
health care entities, that conducts as part of its regular 13686
business activities professional credentialing or quality review 13687
activities involving the competence of, professional conduct of, 13688
or quality of care provided by health care providers, including 13689
both individuals who provide health care and entities that provide 13690
health care.13691

       (2) "Health care entity" includes any entity described in 13692
division (A)(1) of this section, regardless of whether it is a 13693
government entity; for-profit or nonprofit corporation; limited 13694
liability company; partnership; professional corporation; state or 13695
local society composed of physicians, dentists, optometrists, 13696
psychologists, or pharmacists; or other health care organization.13697

       (B) "Health insuring corporation" means an entity that holds 13698
a certificate of authority under Chapter 1751. of the Revised 13699
Code. "Health insuring corporation" includes wholly owned 13700
subsidiaries of a health insuring corporation.13701

       (C) "Hospital" means either of the following:13702

       (1) An institution that has been registered or licensed by 13703
the department of health as a hospital;13704

       (2) An entity, other than an insurance company authorized to 13705
do business in this state, that owns, controls, or is affiliated 13706
with an institution that has been registered or licensed by the 13707
department of health as a hospital.13708

       (D) "Incident report or risk management report" means a 13709
report of an incident involving injury or potential injury to a 13710
patient as a result of patient care provided by health care 13711
providers, including both individuals who provide health care and 13712
entities that provide health care, that is prepared by or for the 13713
use of a peer review committee of a health care entity and is 13714
within the scope of the functions of that committee.13715

       (E)(1) "Peer review committee" means a utilization review 13716
committee, quality assessment committee, performance improvement 13717
committee, tissue committee, credentialing committee, or other 13718
committee that does either of the following:13719

       (a) Conducts professional credentialing or quality review 13720
activities involving the competence of, professional conduct of, 13721
or quality of care provided by health care providers, including 13722
both individuals who provide health care and entities that provide 13723
health care;13724

       (b) Conducts any other attendant hearing process initiated as 13725
a result of a peer review committee's recommendations or actions.13726

       (2) "Peer review committee" includes all of the following:13727

       (a) A peer review committee of a hospital or long-term care 13728
facility or a peer review committee of a nonprofit health care 13729
corporation that is a member of the hospital or long-term care 13730
facility or of which the hospital or facility is a member;13731

       (b) A peer review committee of a community mental health 13732
center;13733

       (c) A board or committee of a hospital, a long-term care 13734
facility, or other health care entity when reviewing professional 13735
qualifications or activities of health care providers, including 13736
both individuals who provide health care and entities that provide 13737
health care;13738

       (d) A peer review committee, professional standards review 13739
committee, or arbitration committee of a state or local society 13740
composed of members who are in active practice as physicians, 13741
dentists, optometrists, psychologists, or pharmacists;13742

       (e) A peer review committee of a health insuring corporation 13743
that has at least a two-thirds majority of member physicians in 13744
active practice and that conducts professional credentialing and 13745
quality review activities involving the competence or professional 13746
conduct of health care providers that adversely affects or could 13747
adversely affect the health or welfare of any patient;13748

       (f) A peer review committee of a health insuring corporation 13749
that has at least a two-thirds majority of member physicians in 13750
active practice and that conducts professional credentialing and 13751
quality review activities involving the competence or professional 13752
conduct of a health care facility that has contracted with the 13753
health insuring corporation to provide health care services to 13754
enrollees, which conduct adversely affects, or could adversely 13755
affect, the health or welfare of any patient;13756

       (g) A peer review committee of a sickness and accident 13757
insurer that has at least a two-thirds majority of physicians in 13758
active practice and that conducts professional credentialing and 13759
quality review activities involving the competence or professional 13760
conduct of health care providers that adversely affects or could 13761
adversely affect the health or welfare of any patient;13762

       (h) A peer review committee of a sickness and accident 13763
insurer that has at least a two-thirds majority of physicians in 13764
active practice and that conducts professional credentialing and 13765
quality review activities involving the competence or professional 13766
conduct of a health care facility that has contracted with the 13767
insurer to provide health care services to insureds, which conduct 13768
adversely affects, or could adversely affect, the health or 13769
welfare of any patient;13770

       (i) A peer review committee of any insurer authorized under 13771
Title XXXIX of the Revised Code to do the business of medical 13772
professional liability insurance in this state that conducts 13773
professional quality review activities involving the competence or 13774
professional conduct of health care providers that adversely 13775
affects or could affect the health or welfare of any patient;13776

       (j) A peer review committee of the bureau of workers' 13777
compensation or the industrial commission that is responsible for 13778
reviewing the professional qualifications and the performance of 13779
providers certified by the bureau to participate in the health 13780
partnership program or of providers conducting medical 13781
examinations or file reviews for the bureau or the commission;13782

       (k) Any other peer review committee of a health care entity.13783

       (F) "Physician" means an individual authorized to practice 13784
medicine and surgery, osteopathic medicine and surgery, or 13785
podiatric medicine and surgery.13786

       (G) "Sickness and accident insurer" means an entity 13787
authorized under Title XXXIX of the Revised Code to do the 13788
business of sickness and accident insurance in this state.13789

       (H) "Tort action" means a civil action for damages for 13790
injury, death, or loss to a patient of a health care entity. "Tort 13791
action" includes a product liability claim, as defined in section 13792
2307.71 of the Revised Code, and an asbestos claim, as defined in 13793
section 2307.91 of the Revised Code, but does not include a civil 13794
action for a breach of contract or another agreement between 13795
persons.13796

       Sec. 2305.252. (A) Proceedings and records within the scope 13797
of a peer review committee of a health care entity shall be held 13798
in confidence and shall not be subject to discovery or 13799
introduction in evidence in any civil action against a health care 13800
entity or health care provider, including both individuals who 13801
provide health care and entities that provide health care, arising 13802
out of matters that are the subject of evaluation and review by 13803
the peer review committee. No individual who attends a meeting of 13804
a peer review committee, serves as a member of a peer review 13805
committee, works for or on behalf of a peer review committee, or 13806
provides information to a peer review committee shall be permitted 13807
or required to testify in any civil action as to any evidence or 13808
other matters produced or presented during the proceedings of the 13809
peer review committee or as to any finding, recommendation, 13810
evaluation, opinion, or other action of the committee or a member 13811
thereof. Information, documents, or records otherwise available 13812
from original sources are not to be construed as being unavailable 13813
for discovery or for use in any civil action merely because they 13814
were produced or presented during proceedings of a peer review 13815
committee, but the information, documents, or records are 13816
available only from the original sources and cannot be obtained 13817
from the peer review committee's proceedings or records. An 13818
individual who testifies before a peer review committee, serves as 13819
a representative of a peer review committee, serves as a member of 13820
a peer review committee, works for or on behalf of a peer review 13821
committee, or provides information to a peer review committee 13822
shall not be prevented from testifying as to matters within the 13823
individual's knowledge, but the individual cannot be asked about 13824
the individual's testimony before the peer review committee, 13825
information the individual provided to the peer review committee, 13826
or any opinion the individual formed as a result of the peer 13827
review committee's activities. An order by a court to produce for 13828
discovery or for use at trial the proceedings or records described 13829
in this section is a final order.13830

       (B) Division (A) of this section applies to a peer review 13831
committee of the bureau of workers' compensation that is 13832
responsible for reviewing the professional qualifications and the 13833
performance of providers certified by the bureau to participate in 13834
the health partnership program created under sections 4121.44 and 13835
4121.441 of the Revised Code, except that the proceedings and 13836
records within the scope of the peer review committee are subject 13837
to discovery or court subpoena and may be admitted into evidence 13838
in any criminal action or administrative or civil action 13839
initiated, prosecuted, or adjudicated by the bureau involving an 13840
alleged violation of applicable statutes or administrative rules. 13841
The bureau may share proceedings and records within the scope of 13842
the peer review committee, including claimant records and claim 13843
file information, with law enforcement agencies, licensing boards, 13844
and other governmental agencies that are prosecuting, 13845
adjudicating, or investigating alleged violations of applicable 13846
statutes or administrative rules. Recipients of claimant records 13847
and claim file information provided by the bureau pursuant to this 13848
division shall take appropriate measures to maintain the 13849
confidentiality of the information.13850

       Sec. 2701.09.  In any county in which a daily law journal is 13851
printed, the judges of the courts of record, other than the court 13852
of appeals, shall jointly designate such daily law journal as the 13853
journal in which shall be published all calendars of the courts of 13854
record in such county, which calendars shall contain the numbers 13855
and titles of causes, and names of attorneys appearing therein, 13856
together with the motion dockets and such particulars and notices 13857
respecting causes, as may be specified by the judges, and each 13858
notice required to be published by any of such judges.13859

       In all cases, proceedings, administrations of estates, 13860
assignments, and matters pending in any of the courts of record of 13861
such counties in which legal notices or advertisements are 13862
required to be published, such law journal shall, once a week and 13863
on the same day of the week, publish an abstract of each such 13864
legal notice or advertisement, but the jurisdiction over, or 13865
irregularity of, a proceeding, trial, or judgment shall not be 13866
affected by anything therein. The publisher of the daily law 13867
journal also shall post the legal notice or advertisement in its 13868
entirety on the daily law journal's web site, if the daily law 13869
journal has one, and on the official public notice web site 13870
established under section 125.182 of the Revised Code at no 13871
additional cost.13872

       For the publication of such calendars, motion dockets, and 13873
notices, the fees for which are not fixed by law, the publisher of 13874
the paperjournal shall receive a sum to be fixed by the judges 13875
for each case brought, to be paid in advance by the party filing 13876
the petition, transcripts for appeal, or lien, to be taxed in the 13877
costs and collected as other costs. For the publication of 13878
abstracts of legal advertisingnotices or advertisements, such 13879
publisher shall receive a sum to be fixed by the judges for each 13880
case, proceeding, or matter, in which such advertising is had, to 13881
be taxed and collected as a part of the costs thereof.13882

       Sec. 2915.01.  As used in this chapter:13883

       (A) "Bookmaking" means the business of receiving or paying 13884
off bets.13885

       (B) "Bet" means the hazarding of anything of value upon the 13886
result of an event, undertaking, or contingency, but does not 13887
include a bona fide business risk.13888

       (C) "Scheme of chance" means a slot machine unless authorized 13889
under Chapter 3772. of the Revised Code, lottery unless authorized 13890
under Chapter 3770. of the Revised Code, numbers game, pool 13891
conducted for profit, or other scheme in which a participant gives 13892
a valuable consideration for a chance to win a prize, but does not 13893
include bingo, a skill-based amusement machine, or a pool not 13894
conducted for profit. "Scheme of chance" includes the use of an 13895
electronic device to reveal the results of a game entry if 13896
valuable consideration is paid, directly or indirectly, for a 13897
chance to win a prize. Valuable consideration is deemed to be paid 13898
for a chance to win a prize in the following instances:13899

       (1) Less than fifty per cent of the goods or services sold by 13900
a scheme of chance operator in exchange for game entries are used 13901
or redeemed by participants at any one location;13902

       (2) Less than fifty per cent of participants who purchase 13903
goods or services at any one location do not accept, use, or 13904
redeem the goods or services sold or purportedly sold; 13905

       (3) More than fifty per cent of prizes at any one location 13906
are revealed to participants through an electronic device 13907
simulating a game of chance or a "casino game" as defined in 13908
section 3772.01 of the Revised Code;13909

       (4) The good or service sold by a scheme of chance operator 13910
in exchange for a game entry cannot be used or redeemed in the 13911
manner advertised; 13912

       (5) A participant pays more than fair market value for goods 13913
or services offered by a scheme of chance operator in order to 13914
receive one or more game entries;13915

       (6) A participant may use the electronic device to purchase 13916
additional game entries;13917

       (7) A participant may purchase additional game entries by 13918
using points or credits won as prizes while using the electronic 13919
device;13920

       (8) A scheme of chance operator pays out in prize money more 13921
than twenty per cent of the gross revenue received at one 13922
location; or13923

       (9) A participant makes a purchase or exchange in order to 13924
obtain any good or service that may be used to facilitate play on 13925
the electronic device.13926

       As used in this division, "electronic device" means a 13927
mechanical, video, digital, or electronic machine or device that 13928
is capable of displaying information on a screen or other 13929
mechanism and that is owned, leased, or otherwise possessed by any 13930
person conducting a scheme of chance, or by that person's 13931
partners, affiliates, subsidiaries, or contractors.13932

       (D) "Game of chance" means poker, craps, roulette, or other 13933
game in which a player gives anything of value in the hope of 13934
gain, the outcome of which is determined largely by chance, but 13935
does not include bingo.13936

       (E) "Game of chance conducted for profit" means any game of 13937
chance designed to produce income for the person who conducts or 13938
operates the game of chance, but does not include bingo.13939

       (F) "Gambling device" means any of the following:13940

       (1) A book, totalizer, or other equipment for recording bets;13941

       (2) A ticket, token, or other device representing a chance, 13942
share, or interest in a scheme of chance or evidencing a bet;13943

       (3) A deck of cards, dice, gaming table, roulette wheel, slot 13944
machine, or other apparatus designed for use in connection with a 13945
game of chance;13946

       (4) Any equipment, device, apparatus, or paraphernalia 13947
specially designed for gambling purposes;13948

       (5) Bingo supplies sold or otherwise provided, or used, in 13949
violation of this chapter;13950

       (6) Skill-based amusement machines or slot machines used in 13951
violation of this chapter or Chapter 3772. of the Revised Code.13952

       (G) "Gambling offense" means any of the following:13953

       (1) A violation of section 2915.02, 2915.03, 2915.04, 13954
2915.05, 2915.06, 2915.062, 2915.07, 2915.08, 2915.081, 2915.082, 13955
2915.09, 2915.091, 2915.092, 2915.10, or 2915.11 or of division 13956
(D), (E), or (F) of section 3772.99 of the Revised Code;13957

       (2) A violation of an existing or former municipal ordinance 13958
or law of this or any other state or the United States 13959
substantially equivalent to any section listed in division (G)(1) 13960
of this section or a violation of section 2915.06 of the Revised 13961
Code as it existed prior to July 1, 1996;13962

       (3) An offense under an existing or former municipal 13963
ordinance or law of this or any other state or the United States, 13964
of which gambling is an element;13965

       (4) A conspiracy or attempt to commit, or complicity in 13966
committing, any offense under division (G)(1), (2), or (3) of this 13967
section.13968

       (H) Except as otherwise provided in this chapter, "charitable 13969
organization" means either of the following:13970

       (1) An organization that is, and has received from the 13971
internal revenue service a determination letter that currently is 13972
in effect stating that the organization is, exempt from federal 13973
income taxation under subsection 501(a) and described in 13974
subsection 501(c)(3) of the Internal Revenue Code;13975

       (2) A volunteer rescue service organization, volunteer 13976
firefighter's organization, veteran's organization, fraternal 13977
organization, or sporting organization that is exempt from federal 13978
income taxation under subsection 501(c)(4), (c)(7), (c)(8), 13979
(c)(10), or (c)(19) of the Internal Revenue Code. 13980

        To qualify as a "charitable organization," an organization 13981
shall have been in continuous existence as such in this state for 13982
a period of two years immediately preceding either the making of 13983
an application for a bingo license under section 2915.08 of the 13984
Revised Code or the conducting of any game of chance as provided 13985
in division (D) of section 2915.02 of the Revised Code. 13986

       (I) "Religious organization" means any church, body of 13987
communicants, or group that is not organized or operated for 13988
profit and that gathers in common membership for regular worship 13989
and religious observances.13990

       (J) "Veteran's organization" means any individual post or 13991
state headquarters of a national veteran's association or an 13992
auxiliary unit of any individual post of a national veteran's 13993
association, which post, state headquarters, or auxiliary unit is 13994
incorporated as a nonprofit corporation and either has received a 13995
letter from the state headquarters of the national veteran's 13996
association indicating that the individual post or auxiliary unit 13997
is in good standing with the national veteran's association or has 13998
received a letter from the national veteran's association 13999
indicating that the state headquarters is in good standing with 14000
the national veteran's association. As used in this division, 14001
"national veteran's association" means any veteran's association 14002
that has been in continuous existence as such for a period of at 14003
least five years and either is incorporated by an act of the 14004
United States congress or has a national dues-paying membership of 14005
at least five thousand persons.14006

       (K) "Volunteer firefighter's organization" means any 14007
organization of volunteer firefighters, as defined in section 14008
146.01 of the Revised Code, that is organized and operated 14009
exclusively to provide financial support for a volunteer fire 14010
department or a volunteer fire company and that is recognized or 14011
ratified by a county, municipal corporation, or township.14012

       (L) "Fraternal organization" means any society, order, state 14013
headquarters, or association within this state, except a college 14014
or high school fraternity, that is not organized for profit, that 14015
is a branch, lodge, or chapter of a national or state 14016
organization, that exists exclusively for the common business or 14017
sodality of its members.14018

       (M) "Volunteer rescue service organization" means any 14019
organization of volunteers organized to function as an emergency 14020
medical service organization, as defined in section 4765.01 of the 14021
Revised Code.14022

       (N) "Charitable bingo game" means any bingo game described in 14023
division (O)(1) or (2) of this section that is conducted by a 14024
charitable organization that has obtained a license pursuant to 14025
section 2915.08 of the Revised Code and the proceeds of which are 14026
used for a charitable purpose.14027

       (O) "Bingo" means either of the following:14028

       (1) A game with all of the following characteristics:14029

       (a) The participants use bingo cards or sheets, including 14030
paper formats and electronic representation or image formats, that 14031
are divided into twenty-five spaces arranged in five horizontal 14032
and five vertical rows of spaces, with each space, except the 14033
central space, being designated by a combination of a letter and a 14034
number and with the central space being designated as a free 14035
space.14036

       (b) The participants cover the spaces on the bingo cards or 14037
sheets that correspond to combinations of letters and numbers that 14038
are announced by a bingo game operator.14039

       (c) A bingo game operator announces combinations of letters 14040
and numbers that appear on objects that a bingo game operator 14041
selects by chance, either manually or mechanically, from a 14042
receptacle that contains seventy-five objects at the beginning of 14043
each game, each object marked by a different combination of a 14044
letter and a number that corresponds to one of the seventy-five 14045
possible combinations of a letter and a number that can appear on 14046
the bingo cards or sheets.14047

       (d) The winner of the bingo game includes any participant who 14048
properly announces during the interval between the announcements 14049
of letters and numbers as described in division (O)(1)(c) of this 14050
section, that a predetermined and preannounced pattern of spaces 14051
has been covered on a bingo card or sheet being used by the 14052
participant.14053

       (2) Instant bingo, punch boards, and raffles.14054

       (P) "Conduct" means to back, promote, organize, manage, carry 14055
on, sponsor, or prepare for the operation of bingo or a game of 14056
chance, a scheme of chance, or a sweepstakes, or a skill-based 14057
amusement machine.14058

       (Q) "Bingo game operator" means any person, except security 14059
personnel, who performs work or labor at the site of bingo, 14060
including, but not limited to, collecting money from participants, 14061
handing out bingo cards or sheets or objects to cover spaces on 14062
bingo cards or sheets, selecting from a receptacle the objects 14063
that contain the combination of letters and numbers that appear on 14064
bingo cards or sheets, calling out the combinations of letters and 14065
numbers, distributing prizes, selling or redeeming instant bingo 14066
tickets or cards, supervising the operation of a punch board, 14067
selling raffle tickets, selecting raffle tickets from a receptacle 14068
and announcing the winning numbers in a raffle, and preparing, 14069
selling, and serving food or beverages.14070

       (R) "Participant" means any person who plays bingo.14071

       (S) "Bingo session" means a period that includes both of the 14072
following:14073

       (1) Not to exceed five continuous hours for the conduct of 14074
one or more games described in division (O)(1) of this section, 14075
instant bingo, and seal cards;14076

       (2) A period for the conduct of instant bingo and seal cards 14077
for not more than two hours before and not more than two hours 14078
after the period described in division (S)(1) of this section.14079

       (T) "Gross receipts" means all money or assets, including 14080
admission fees, that a person receives from bingo without the 14081
deduction of any amounts for prizes paid out or for the expenses 14082
of conducting bingo. "Gross receipts" does not include any money 14083
directly taken in from the sale of food or beverages by a 14084
charitable organization conducting bingo, or by a bona fide 14085
auxiliary unit or society of a charitable organization conducting 14086
bingo, provided all of the following apply:14087

       (1) The auxiliary unit or society has been in existence as a 14088
bona fide auxiliary unit or society of the charitable organization 14089
for at least two years prior to conducting bingo.14090

       (2) The person who purchases the food or beverage receives 14091
nothing of value except the food or beverage and items customarily 14092
received with the purchase of that food or beverage.14093

       (3) The food and beverages are sold at customary and 14094
reasonable prices.14095

       (U) "Security personnel" includes any person who either is a 14096
sheriff, deputy sheriff, marshal, deputy marshal, township 14097
constable, or member of an organized police department of a 14098
municipal corporation or has successfully completed a peace 14099
officer's training course pursuant to sections 109.71 to 109.79 of 14100
the Revised Code and who is hired to provide security for the 14101
premises on which bingo is conducted.14102

       (V) "Charitable purpose" means that the net profit of bingo, 14103
other than instant bingo, is used by, or is given, donated, or 14104
otherwise transferred to, any of the following:14105

       (1) Any organization that is described in subsection 14106
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code 14107
and is either a governmental unit or an organization that is tax 14108
exempt under subsection 501(a) and described in subsection 14109
501(c)(3) of the Internal Revenue Code;14110

       (2) A veteran's organization that is a post, chapter, or 14111
organization of veterans, or an auxiliary unit or society of, or a 14112
trust or foundation for, any such post, chapter, or organization 14113
organized in the United States or any of its possessions, at least 14114
seventy-five per cent of the members of which are veterans and 14115
substantially all of the other members of which are individuals 14116
who are spouses, widows, or widowers of veterans, or such 14117
individuals, provided that no part of the net earnings of such 14118
post, chapter, or organization inures to the benefit of any 14119
private shareholder or individual, and further provided that the 14120
net profit is used by the post, chapter, or organization for the 14121
charitable purposes set forth in division (B)(12) of section 14122
5739.02 of the Revised Code, is used for awarding scholarships to 14123
or for attendance at an institution mentioned in division (B)(12) 14124
of section 5739.02 of the Revised Code, is donated to a 14125
governmental agency, or is used for nonprofit youth activities, 14126
the purchase of United States or Ohio flags that are donated to 14127
schools, youth groups, or other bona fide nonprofit organizations, 14128
promotion of patriotism, or disaster relief;14129

       (3) A fraternal organization that has been in continuous 14130
existence in this state for fifteen years and that uses the net 14131
profit exclusively for religious, charitable, scientific, 14132
literary, or educational purposes, or for the prevention of 14133
cruelty to children or animals, if contributions for such use 14134
would qualify as a deductible charitable contribution under 14135
subsection 170 of the Internal Revenue Code;14136

       (4) A volunteer firefighter's organization that uses the net 14137
profit for the purposes set forth in division (K) of this section.14138

       (W) "Internal Revenue Code" means the "Internal Revenue Code 14139
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter 14140
amended.14141

       (X) "Youth athletic organization" means any organization, not 14142
organized for profit, that is organized and operated exclusively 14143
to provide financial support to, or to operate, athletic 14144
activities for persons who are twenty-one years of age or younger 14145
by means of sponsoring, organizing, operating, or contributing to 14146
the support of an athletic team, club, league, or association.14147

       (Y) "Youth athletic park organization" means any 14148
organization, not organized for profit, that satisfies both of the 14149
following:14150

       (1) It owns, operates, and maintains playing fields that 14151
satisfy both of the following:14152

       (a) The playing fields are used at least one hundred days per 14153
year for athletic activities by one or more organizations, not 14154
organized for profit, each of which is organized and operated 14155
exclusively to provide financial support to, or to operate, 14156
athletic activities for persons who are eighteen years of age or 14157
younger by means of sponsoring, organizing, operating, or 14158
contributing to the support of an athletic team, club, league, or 14159
association.14160

       (b) The playing fields are not used for any profit-making 14161
activity at any time during the year.14162

       (2) It uses the proceeds of bingo it conducts exclusively for 14163
the operation, maintenance, and improvement of its playing fields 14164
of the type described in division (Y)(1) of this section.14165

       (Z) "Bingo supplies" means bingo cards or sheets; instant 14166
bingo tickets or cards; electronic bingo aids; raffle tickets; 14167
punch boards; seal cards; instant bingo ticket dispensers; and 14168
devices for selecting or displaying the combination of bingo 14169
letters and numbers or raffle tickets. Items that are "bingo 14170
supplies" are not gambling devices if sold or otherwise provided, 14171
and used, in accordance with this chapter. For purposes of this 14172
chapter, "bingo supplies" are not to be considered equipment used 14173
to conduct a bingo game.14174

       (AA) "Instant bingo" means a form of bingo that shall use 14175
folded or banded tickets or paper cards with perforated break-open 14176
tabs, a face of which is covered or otherwise hidden from view to 14177
conceal a number, letter, or symbol, or set of numbers, letters, 14178
or symbols, some of which have been designated in advance as prize 14179
winners, and may also include games in which some winners are 14180
determined by the random selection of one or more bingo numbers by 14181
the use of a seal card or bingo blower. In all "instant bingo" the 14182
prize amount and structure shall be predetermined. "Instant bingo" 14183
does not include any device that is activated by the insertion of 14184
a coin, currency, token, or an equivalent, and that contains as 14185
one of its components a video display monitor that is capable of 14186
displaying numbers, letters, symbols, or characters in winning or 14187
losing combinations.14188

       (BB) "Seal card" means a form of instant bingo that uses 14189
instant bingo tickets in conjunction with a board or placard that 14190
contains one or more seals that, when removed or opened, reveal 14191
predesignated winning numbers, letters, or symbols.14192

       (CC) "Raffle" means a form of bingo in which the one or more 14193
prizes are won by one or more persons who have purchased a raffle 14194
ticket. The one or more winners of the raffle are determined by 14195
drawing a ticket stub or other detachable section from a 14196
receptacle containing ticket stubs or detachable sections 14197
corresponding to all tickets sold for the raffle. "Raffle" does 14198
not include the drawing of a ticket stub or other detachable 14199
section of a ticket purchased to attend a professional sporting 14200
event if both of the following apply:14201

        (1) The ticket stub or other detachable section is used to 14202
select the winner of a free prize given away at the professional 14203
sporting event; and14204

       (2) The cost of the ticket is the same as the cost of a 14205
ticket to the professional sporting event on days when no free 14206
prize is given away.14207

       (DD) "Punch board" means a board containing a number of holes 14208
or receptacles of uniform size in which are placed, mechanically 14209
and randomly, serially numbered slips of paper that may be punched 14210
or drawn from the hole or receptacle when used in conjunction with 14211
instant bingo. A player may punch or draw the numbered slips of 14212
paper from the holes or receptacles and obtain the prize 14213
established for the game if the number drawn corresponds to a 14214
winning number or, if the punch board includes the use of a seal 14215
card, a potential winning number.14216

       (EE) "Gross profit" means gross receipts minus the amount 14217
actually expended for the payment of prize awards.14218

       (FF) "Net profit" means gross profit minus expenses.14219

       (GG) "Expenses" means the reasonable amount of gross profit 14220
actually expended for all of the following:14221

       (1) The purchase or lease of bingo supplies;14222

       (2) The annual license fee required under section 2915.08 of 14223
the Revised Code;14224

       (3) Bank fees and service charges for a bingo session or game 14225
account described in section 2915.10 of the Revised Code;14226

       (4) Audits and accounting services;14227

       (5) Safes;14228

       (6) Cash registers;14229

       (7) Hiring security personnel;14230

       (8) Advertising bingo;14231

       (9) Renting premises in which to conduct a bingo session;14232

       (10) Tables and chairs;14233

       (11) Expenses for maintaining and operating a charitable 14234
organization's facilities, including, but not limited to, a post 14235
home, club house, lounge, tavern, or canteen and any grounds 14236
attached to the post home, club house, lounge, tavern, or canteen;14237

       (12) Payment of real property taxes and assessments that are 14238
levied on a premises on which bingo is conducted;14239

       (13) Any other product or service directly related to the 14240
conduct of bingo that is authorized in rules adopted by the 14241
attorney general under division (B)(1) of section 2915.08 of the 14242
Revised Code.14243

       (HH) "Person" has the same meaning as in section 1.59 of the 14244
Revised Code and includes any firm or any other legal entity, 14245
however organized.14246

       (II) "Revoke" means to void permanently all rights and 14247
privileges of the holder of a license issued under section 14248
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable 14249
gaming license issued by another jurisdiction.14250

       (JJ) "Suspend" means to interrupt temporarily all rights and 14251
privileges of the holder of a license issued under section 14252
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable 14253
gaming license issued by another jurisdiction.14254

       (KK) "Distributor" means any person who purchases or obtains 14255
bingo supplies and who does either of the following:14256

       (1) Sells, offers for sale, or otherwise provides or offers 14257
to provide the bingo supplies to another person for use in this 14258
state;14259

       (2) Modifies, converts, adds to, or removes parts from the 14260
bingo supplies to further their promotion or sale for use in this 14261
state.14262

       (LL) "Manufacturer" means any person who assembles completed 14263
bingo supplies from raw materials, other items, or subparts or who 14264
modifies, converts, adds to, or removes parts from bingo supplies 14265
to further their promotion or sale.14266

       (MM) "Gross annual revenues" means the annual gross receipts 14267
derived from the conduct of bingo described in division (O)(1) of 14268
this section plus the annual net profit derived from the conduct 14269
of bingo described in division (O)(2) of this section.14270

       (NN) "Instant bingo ticket dispenser" means a mechanical 14271
device that dispenses an instant bingo ticket or card as the sole 14272
item of value dispensed and that has the following 14273
characteristics:14274

        (1) It is activated upon the insertion of United States 14275
currency.14276

        (2) It performs no gaming functions.14277

        (3) It does not contain a video display monitor or generate 14278
noise.14279

        (4) It is not capable of displaying any numbers, letters, 14280
symbols, or characters in winning or losing combinations.14281

       (5) It does not simulate or display rolling or spinning 14282
reels.14283

        (6) It is incapable of determining whether a dispensed bingo 14284
ticket or card is a winning or nonwinning ticket or card and 14285
requires a winning ticket or card to be paid by a bingo game 14286
operator.14287

        (7) It may provide accounting and security features to aid in 14288
accounting for the instant bingo tickets or cards it dispenses.14289

       (8) It is not part of an electronic network and is not 14290
interactive.14291

       (OO)(1) "Electronic bingo aid" means an electronic device 14292
used by a participant to monitor bingo cards or sheets purchased 14293
at the time and place of a bingo session and that does all of the 14294
following:14295

        (a) It provides a means for a participant to input numbers 14296
and letters announced by a bingo caller.14297

        (b) It compares the numbers and letters entered by the 14298
participant to the bingo faces previously stored in the memory of 14299
the device.14300

        (c) It identifies a winning bingo pattern.14301

        (2) "Electronic bingo aid" does not include any device into 14302
which a coin, currency, token, or an equivalent is inserted to 14303
activate play.14304

       (PP) "Deal of instant bingo tickets" means a single game of 14305
instant bingo tickets all with the same serial number.14306

       (QQ)(1) "Slot machine" means either of the following:14307

       (a) Any mechanical, electronic, video, or digital device that 14308
is capable of accepting anything of value, directly or indirectly, 14309
from or on behalf of a player who gives the thing of value in the 14310
hope of gain; 14311

        (b) Any mechanical, electronic, video, or digital device that 14312
is capable of accepting anything of value, directly or indirectly, 14313
from or on behalf of a player to conduct bingo or a scheme or game 14314
of chance.14315

       (2) "Slot machine" does not include a skill-based amusement 14316
machine or an instant bingo ticket dispenser.14317

        (RR) "Net profit from the proceeds of the sale of instant 14318
bingo" means gross profit minus the ordinary, necessary, and 14319
reasonable expense expended for the purchase of instant bingo 14320
supplies, and, in the case of instant bingo conducted by a 14321
veteran's, fraternal, or sporting organization, minus the payment 14322
by that organization of real property taxes and assessments levied 14323
on a premises on which instant bingo is conducted.14324

       (SS) "Charitable instant bingo organization" means an 14325
organization that is exempt from federal income taxation under 14326
subsection 501(a) and described in subsection 501(c)(3) of the 14327
Internal Revenue Code and is a charitable organization as defined 14328
in this section. A "charitable instant bingo organization" does 14329
not include a charitable organization that is exempt from federal 14330
income taxation under subsection 501(a) and described in 14331
subsection 501(c)(3) of the Internal Revenue Code and that is 14332
created by a veteran's organization, a fraternal organization, or 14333
a sporting organization in regards to bingo conducted or assisted 14334
by a veteran's organization, a fraternal organization, or a 14335
sporting organization pursuant to section 2915.13 of the Revised 14336
Code.14337

       (TT) "Game flare" means the board or placard that accompanies 14338
each deal of instant bingo tickets and that has printed on or 14339
affixed to it the following information for the game:14340

       (1) The name of the game;14341

       (2) The manufacturer's name or distinctive logo;14342

       (3) The form number;14343

       (4) The ticket count;14344

       (5) The prize structure, including the number of winning 14345
instant bingo tickets by denomination and the respective winning 14346
symbol or number combinations for the winning instant bingo 14347
tickets;14348

       (6) The cost per play;14349

       (7) The serial number of the game.14350

       (UU)(1) "Skill-based amusement machine" means a mechanical, 14351
video, digital, or electronic device that rewards the player or 14352
players, if at all, only with merchandise prizes or with 14353
redeemable vouchers redeemable only for merchandise prizes, 14354
provided that with respect to rewards for playing the game all of 14355
the following apply:14356

       (a) The wholesale value of a merchandise prize awarded as a 14357
result of the single play of a machine does not exceed ten 14358
dollars;14359

       (b) Redeemable vouchers awarded for any single play of a 14360
machine are not redeemable for a merchandise prize with a 14361
wholesale value of more than ten dollars;14362

       (c) Redeemable vouchers are not redeemable for a merchandise 14363
prize that has a wholesale value of more than ten dollars times 14364
the fewest number of single plays necessary to accrue the 14365
redeemable vouchers required to obtain that prize; and14366

       (d) Any redeemable vouchers or merchandise prizes are 14367
distributed at the site of the skill-based amusement machine at 14368
the time of play.14369

       A card for the purchase of gasoline is a redeemable voucher 14370
for purposes of division (UU)(1) of this section even if the 14371
skill-based amusement machine for the play of which the card is 14372
awarded is located at a place where gasoline may not be legally 14373
distributed to the public or the card is not redeemable at the 14374
location of, or at the time of playing, the skill-based amusement 14375
machine.14376

       (2) A device shall not be considered a skill-based amusement 14377
machine and shall be considered a slot machine if it pays cash or 14378
one or more of the following apply:14379

       (a) The ability of a player to succeed at the game is 14380
impacted by the number or ratio of prior wins to prior losses of 14381
players playing the game.14382

       (b) Any reward of redeemable vouchers is not based solely on 14383
the player achieving the object of the game or the player's score;14384

       (c) The outcome of the game, or the value of the redeemable 14385
voucher or merchandise prize awarded for winning the game, can be 14386
controlled by a source other than any player playing the game.14387

       (d) The success of any player is or may be determined by a 14388
chance event that cannot be altered by player actions.14389

       (e) The ability of any player to succeed at the game is 14390
determined by game features not visible or known to the player.14391

       (f) The ability of the player to succeed at the game is 14392
impacted by the exercise of a skill that no reasonable player 14393
could exercise.14394

       (3) All of the following apply to any machine that is 14395
operated as described in division (UU)(1) of this section:14396

       (a) As used in division (UU) of this section, "game" and 14397
"play" mean one event from the initial activation of the machine 14398
until the results of play are determined without payment of 14399
additional consideration. An individual utilizing a machine that 14400
involves a single game, play, contest, competition, or tournament 14401
may be awarded redeemable vouchers or merchandise prizes based on 14402
the results of play.14403

       (b) Advance play for a single game, play, contest, 14404
competition, or tournament participation may be purchased. The 14405
cost of the contest, competition, or tournament participation may 14406
be greater than a single noncontest, competition, or tournament 14407
play.14408

       (c) To the extent that the machine is used in a contest, 14409
competition, or tournament, that contest, competition, or 14410
tournament has a defined starting and ending date and is open to 14411
participants in competition for scoring and ranking results toward 14412
the awarding of redeemable vouchers or merchandise prizes that are 14413
stated prior to the start of the contest, competition, or 14414
tournament. 14415

       (4) For purposes of division (UU)(1) of this section, the 14416
mere presence of a device, such as a pin-setting, ball-releasing, 14417
or scoring mechanism, that does not contribute to or affect the 14418
outcome of the play of the game does not make the device a 14419
skill-based amusement machine.14420

       (VV) "Merchandise prize" means any item of value, but shall 14421
not include any of the following:14422

       (1) Cash, gift cards, or any equivalent thereof;14423

       (2) Plays on games of chance, state lottery tickets, bingo, 14424
or instant bingo;14425

       (3) Firearms, tobacco, or alcoholic beverages; or14426

       (4) A redeemable voucher that is redeemable for any of the 14427
items listed in division (VV)(1), (2), or (3) of this section.14428

       (WW) "Redeemable voucher" means any ticket, token, coupon, 14429
receipt, or other noncash representation of value.14430

       (XX) "Pool not conducted for profit" means a scheme in which 14431
a participant gives a valuable consideration for a chance to win a 14432
prize and the total amount of consideration wagered is distributed 14433
to a participant or participants.14434

       (YY) "Sporting organization" means a hunting, fishing, or 14435
trapping organization, other than a college or high school 14436
fraternity or sorority, that is not organized for profit, that is 14437
affiliated with a state or national sporting organization, 14438
including but not limited to, the league of Ohio sportsmen, and 14439
that has been in continuous existence in this state for a period 14440
of three years.14441

       (ZZ) "Community action agency" has the same meaning as in 14442
section 122.66 of the Revised Code.14443

       (AAA)(1) "Sweepstakes terminal device" means a mechanical, 14444
video, digital, or electronic machine or device that is owned, 14445
leased, or otherwise possessed by any person conducting a 14446
sweepstakes, or by that person's partners, affiliates, 14447
subsidiaries, or contractors, that is intended to be used by a 14448
sweepstakes participant, and that is capable of displaying 14449
information on a screen or other mechanism. A device is a 14450
sweepstakes terminal device if any of the following apply:14451

       (a) The device uses a simulated game terminal as a 14452
representation of the prizes associated with the results of the 14453
sweepstakes entries.14454

       (b) The device utilizes software such that the simulated game 14455
influences or determines the winning of or value of the prize.14456

       (c) The device selects prizes from a predetermined finite 14457
pool of entries.14458

       (d) The device utilizes a mechanism that reveals the content 14459
of a predetermined sweepstakes entry.14460

       (e) The device predetermines the prize results and stores 14461
those results for delivery at the time the sweepstakes entry 14462
results are revealed.14463

       (f) The device utilizes software to create a game result.14464

       (g) The device reveals the prize incrementally, even though 14465
the device does not influence the awarding of the prize or the 14466
value of any prize awarded.14467

       (h) The device determines and associates the prize with an 14468
entry or entries at the time the sweepstakes is entered.14469

       (2) As used in this division and in section 2915.02 of the 14470
Revised Code:14471

       (a) "Enter" means the act by which a person becomes eligible 14472
to receive any prize offered in a sweepstakes.14473

       (b) "Entry" means one event from the initial activation of 14474
the sweepstakes terminal device until all the sweepstakes prize 14475
results from that activation are revealed.14476

       (c) "Prize" means any gift, award, gratuity, good, service, 14477
credit, reward, or any other thing of value that may be 14478
transferred to a person, whether possession of the prize is 14479
actually transferred, or placed on an account or other record as 14480
evidence of the intent to transfer the prize.14481

       (d) "Sweepstakes terminal device facility" means any location 14482
in this state where a sweepstakes terminal device is provided to a 14483
sweepstakes participant, except as provided in division (G) of 14484
section 2915.02 of the Revised Code.14485

       (BBB) "Sweepstakes" means any game, contest, advertising 14486
scheme or plan, or other promotion where consideration is not 14487
required for a person to enter to win or become eligible to 14488
receive any prize, the determination of which is based upon 14489
chance. "Sweepstakes" does not include bingo as authorized under 14490
this chapter, pari-mutuel wagering as authorized by Chapter 3769. 14491
of the Revised Code, lotteries conducted by the state lottery 14492
commission as authorized by Chapter 3770. of the Revised Code, and 14493
casino gaming as authorized by Chapter 3772. of the Revised Code.14494

       Sec. 2915.03.  (A) No person, being the owner or lessee, or 14495
having custody, control, or supervision of premises, shall:14496

       (1) Use or occupy such premises for gambling in violation of 14497
section 2915.02, 2915.06, or 2915.062 or of division (E)(12) of 14498
section 3772.99 of the Revised Code;14499

       (2) Recklessly permit such premises to be used or occupied 14500
for gambling in violation of section 2915.02, 2915.06, or 2915.062 14501
or of division (E)(12) of section 3772.99 of the Revised Code.14502

       (B) Whoever violates this section is guilty of operating a 14503
gambling house, a misdemeanorfelony of the firstfifth degree. If 14504
the offender previously has been convicted of a gambling offense, 14505
operating a gambling house is a felony of the fifthfourth degree.14506

       (C) Premises used or occupied in violation of this section 14507
constitute a nuisance subject to abatement pursuant to sections 14508
3767.01 to 3767.99 of the Revised Code.14509

       Sec. 2915.06. (A) No person shall give to another person any 14510
item described in division (VV)(1), (2), (3), or (4) of section 14511
2915.01 of the Revised Code in exchange for a noncash prize, toy, 14512
or novelty received as a reward for playing or operating a 14513
skill-based amusement machine or for a free or reduced-price game 14514
won on a skill-based amusement machine.14515

        (B) No person shall conduct, or participate in the conduct 14516
of, a skill-based amusement machine without first obtaining a 14517
license under Chapter 3772. of the Revised Code.14518

       (C) Whoever violates division (A) of this section is guilty 14519
of skill-based amusement machine prohibited conduct. A violation 14520
of division (A) of this section is a misdemeanorfelony of the 14521
firstfifth degree for each redemption of a prize that is 14522
involved in the violation. If the offender previously has been 14523
convicted of a gambling offense, violation of division (A) of 14524
this section, a violation of that division is a felony of the 14525
fifthfourth degree for each redemption of a prize that is 14526
involved in the violation. The maximum fine authorized to be 14527
imposed for a felony of the fifthfourth degree shall be imposed 14528
upon the offender.14529

       (D) Whoever violates division (B) of this section is guilty 14530
of conducting an illegal skill-based amusement machine, a felony 14531
of the fifth degree. If the offender previously has been convicted 14532
of a gambling offense, violation of division (B) of this section 14533
is a felony of the fourth degree.14534

       (E) Premises used or occupied in violation of this section 14535
constitute a nuisance subject to abatement under Chapter 3767. of 14536
the Revised Code.14537

       Sec. 2915.061. Any regulation of skill-based amusement 14538
machines shall be governed by this chapter and Chapter 3772. of 14539
the Revised Code and not by Chapter 1345. of the Revised Code.14540

       Sec. 2915.062.  (A) Except as otherwise expressly permitted 14541
by law, no person shall conduct, or participate in the conduct of, 14542
a casino game, as defined in section 3772.01 of the Revised Code, 14543
without first obtaining a license under Chapter 3772. of the 14544
Revised Code.14545

       (B) Whoever violates this section is guilty of conducting an 14546
illegal casino game, a felony of the fifth degree. If the offender 14547
previously has been convicted of a gambling offense, violation of 14548
this section is a felony of the fourth degree. 14549

       (C) Premises used or occupied in violation of this section 14550
constitute a nuisance subject to abatement under Chapter 3767. of 14551
the Revised Code.14552

       Sec. 2945.402.  (A) In approving a conditional release, the 14553
trial court may set any conditions on the release with respect to 14554
the treatment, evaluation, counseling, or control of the defendant 14555
or person that the court considers necessary to protect the public 14556
safety and the welfare of the defendant or person. The trial court 14557
may revoke a defendant's or person's conditional release and order 14558
reinstatement of the previous placement or reinstitutionalization 14559
at any time the conditions of the release have not been satisfied, 14560
provided that the revocation shall be in accordance with this 14561
section.14562

       (B) A conditional release is a commitment. The hearings on 14563
continued commitment as described in section 2945.401 of the 14564
Revised Code apply to a defendant or person on conditional 14565
release.14566

       (C) A person, agency, or facility that is assigned to monitor 14567
a defendant or person on conditional release immediately shall 14568
notify the trial court on learning that the defendant or person 14569
being monitored has violated the terms of the conditional release. 14570
Upon learning of any violation of the terms of the conditional 14571
release, the trial court may issue a temporary order of detention 14572
or, if necessary, an arrest warrant for the defendant or person. 14573
Within ten court days after the defendant's or person's detention 14574
or arrest, the trial court shall conduct a hearing to determine 14575
whether the conditional release should be modified or terminated. 14576
At the hearing, the defendant or person shall have the same rights 14577
as are described in division (C) of section 2945.40 of the Revised 14578
Code. The trial court may order a continuance of the ten-court-day 14579
period for no longer than ten days for good cause shown or for any 14580
period on motion of the defendant or person. If the trial court 14581
fails to conduct the hearing within the ten-court-day period and 14582
does not order a continuance in accordance with this division, the 14583
defendant or person shall be restored to the prior conditional 14584
release status.14585

       (D) The trial court shall give all parties reasonable notice 14586
of a hearing conducted under this section. At the hearing, the 14587
prosecutor shall present the case demonstrating that the defendant 14588
or person violated the terms of the conditional release. If the 14589
court finds by a preponderance of the evidence that the defendant 14590
or person violated the terms of the conditional release, the court 14591
may continue, modify, or terminate the conditional release and 14592
shall enter its order accordingly.14593

       (E)(1) If a court approves a conditional release, the court 14594
shall report the approval and information pertaining to the 14595
release to the local law enforcement agency. The local law 14596
enforcement agency shall enter the approval and information into 14597
the national crime information center supervised release file 14598
through the law enforcement automated data system. The information 14599
required by divisions (E)(1)(c) and (d) of this section shall be 14600
entered into the file's miscellaneous field. The information 14601
reported and entered shall include all of the following:14602

       (a) The name of the court providing the information;14603

       (b) The offense or offenses with which the defendant or 14604
person was charged;14605

       (c) Whether the person was found not guilty by reason of 14606
insanity or incompetent to stand trial with no substantial 14607
probability of becoming competent even with a course of treatment;14608

       (d) The reason for the conditional release;14609

       (e) Any other information required for the entry of 14610
information into the national crime information center supervised 14611
release file.14612

       (2) Information entered into the national crime information 14613
center supervised release file pursuant to this section shall 14614
remain in the file until the termination of the conditional 14615
release or commitment.14616

       (3) If a defendant or person about whom information is 14617
entered into the national crime information center supervised 14618
release file pursuant to division (E)(1) of this section has 14619
contact with a law enforcement agency after the information is 14620
entered, the agency shall report the contact to the department of 14621
mental health and addiction services and, if the terms of the 14622
release require the defendant or person to receive mental health 14623
treatment, to the person, office, or agency providing the 14624
treatment.14625

       (4) As used in division (E) of this section, "local law 14626
enforcement agency" means the police department of a municipal 14627
corporation in which the offense with which a releasee was charged 14628
allegedly occurred or, if the offense did not allegedly occur in a 14629
municipal corporation, the sheriff of the county in which the 14630
offense allegedly occurred.14631

       Sec. 3123.89. (A) Subject to section 3770.071 of the Revised 14632
Code, a child support enforcement agency that determines that an 14633
obligor who is the recipient of a lottery prize award is subject 14634
to a final and enforceable determination of default made under 14635
sections 3123.01 to 3123.07 of the Revised Code shall issue an 14636
intercept directive to the director of the state lottery 14637
commission. A copy of this intercept directive shall be sent to 14638
the obligor.14639

       (B) The intercept directive shall require the director or the 14640
director's designee to transmit an amount or amounts from the 14641
proceeds of the specified lottery prize award to the office of 14642
child support in the department of job and family services. The 14643
intercept directive also shall contain all of the following 14644
information:14645

       (1) The name, address, and social security number or taxpayer 14646
identification number of the obligor;14647

       (2) A statement that the obligor has been determined to be in 14648
default under a support order;14649

       (3) The amount of the arrearage owed by the obligor as 14650
determined by the agency.14651

       (C) After receipt of an intercept directive and in accordance 14652
with section 3770.071 of the Revised Code, the director or the 14653
director's designee shall deduct the amount or amounts specified 14654
from the proceeds of the lottery prize award referred to in the 14655
directive and transmit the amounts to the office of child support.14656

       (D) The department of job and family services shall develop 14657
and implement a data match program with the state lottery 14658
commission or its lottery sales agents to identify obligors who 14659
are subject to a final and enforceable determination of default 14660
made under sections 3123.01 to 3123.07 of the Revised Code in 14661
accordance with section 3770.071 of the Revised Code.14662

       Sec. 3123.90.  (A) As used in this section, "casino 14663
facility," "casino operator," and "management company" have the 14664
meanings defined in section 3772.01 of the Revised Code.14665

       (B) The department of job and family services shall develop 14666
and implement a data match program with each casino facility's 14667
casino operator or management company to identify obligors who are 14668
subject to a final and enforceable determination of default made 14669
under sections 3123.01 to 3123.07 of the Revised Code.14670

       (C) Upon the data match program's implementation, if a 14671
person's winnings at a casino facility are an amount for which 14672
reporting to the internal revenue service of the amount is 14673
required by section 6041 of the Internal Revenue Code, as amended, 14674
the casino operator or management company shall determine if the 14675
person entitled to the winnings is in default under a support 14676
order. If the casino operator or management company determines 14677
that the person is in default, the casino operator or management 14678
company shall withhold from the person's winnings an amount 14679
sufficient to satisfy any past due support owed by the obligor 14680
identified in the data match up to the amount of the winnings.14681

       (D) Not later than seven days after withholding the amount, 14682
the casino operator or management company shall transmit any 14683
amount withheld to the department as payment on the support 14684
obligation.14685

       (E) The Department may adopt rules under Chapter 119. of the 14686
Revised Code as are necessary for implementation of this section.14687

       Sec. 3301.0714.  (A) The state board of education shall adopt 14688
rules for a statewide education management information system. The 14689
rules shall require the state board to establish guidelines for 14690
the establishment and maintenance of the system in accordance with 14691
this section and the rules adopted under this section. The 14692
guidelines shall include:14693

       (1) Standards identifying and defining the types of data in 14694
the system in accordance with divisions (B) and (C) of this 14695
section;14696

       (2) Procedures for annually collecting and reporting the data 14697
to the state board in accordance with division (D) of this 14698
section;14699

       (3) Procedures for annually compiling the data in accordance 14700
with division (G) of this section;14701

       (4) Procedures for annually reporting the data to the public 14702
in accordance with division (H) of this section.14703

       (B) The guidelines adopted under this section shall require 14704
the data maintained in the education management information system 14705
to include at least the following:14706

       (1) Student participation and performance data, for each 14707
grade in each school district as a whole and for each grade in 14708
each school building in each school district, that includes:14709

       (a) The numbers of students receiving each category of 14710
instructional service offered by the school district, such as 14711
regular education instruction, vocational education instruction, 14712
specialized instruction programs or enrichment instruction that is 14713
part of the educational curriculum, instruction for gifted 14714
students, instruction for students with disabilities, and remedial 14715
instruction. The guidelines shall require instructional services 14716
under this division to be divided into discrete categories if an 14717
instructional service is limited to a specific subject, a specific 14718
type of student, or both, such as regular instructional services 14719
in mathematics, remedial reading instructional services, 14720
instructional services specifically for students gifted in 14721
mathematics or some other subject area, or instructional services 14722
for students with a specific type of disability. The categories of 14723
instructional services required by the guidelines under this 14724
division shall be the same as the categories of instructional 14725
services used in determining cost units pursuant to division 14726
(C)(3) of this section.14727

       (b) The numbers of students receiving support or 14728
extracurricular services for each of the support services or 14729
extracurricular programs offered by the school district, such as 14730
counseling services, health services, and extracurricular sports 14731
and fine arts programs. The categories of services required by the 14732
guidelines under this division shall be the same as the categories 14733
of services used in determining cost units pursuant to division 14734
(C)(4)(a) of this section.14735

       (c) Average student grades in each subject in grades nine 14736
through twelve;14737

       (d) Academic achievement levels as assessed under sections 14738
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;14739

       (e) The number of students designated as having a disabling 14740
condition pursuant to division (C)(1) of section 3301.0711 of the 14741
Revised Code;14742

       (f) The numbers of students reported to the state board 14743
pursuant to division (C)(2) of section 3301.0711 of the Revised 14744
Code;14745

       (g) Attendance rates and the average daily attendance for the 14746
year. For purposes of this division, a student shall be counted as 14747
present for any field trip that is approved by the school 14748
administration.14749

       (h) Expulsion rates;14750

       (i) Suspension rates;14751

       (j) Dropout rates;14752

       (k) Rates of retention in grade;14753

       (l) For pupils in grades nine through twelve, the average 14754
number of carnegie units, as calculated in accordance with state 14755
board of education rules;14756

       (m) Graduation rates, to be calculated in a manner specified 14757
by the department of education that reflects the rate at which 14758
students who were in the ninth grade three years prior to the 14759
current year complete school and that is consistent with 14760
nationally accepted reporting requirements;14761

       (n) Results of diagnostic assessments administered to 14762
kindergarten students as required under section 3301.0715 of the 14763
Revised Code to permit a comparison of the academic readiness of 14764
kindergarten students. However, no district shall be required to 14765
report to the department the results of any diagnostic assessment 14766
administered to a kindergarten student, except for the language 14767
and reading assessment described in division (A)(2) of section 14768
3301.0715 of the Revised Code, if the parent of that student 14769
requests the district not to report those results.14770

       (2) Personnel and classroom enrollment data for each school 14771
district, including:14772

       (a) The total numbers of licensed employees and nonlicensed 14773
employees and the numbers of full-time equivalent licensed 14774
employees and nonlicensed employees providing each category of 14775
instructional service, instructional support service, and 14776
administrative support service used pursuant to division (C)(3) of 14777
this section. The guidelines adopted under this section shall 14778
require these categories of data to be maintained for the school 14779
district as a whole and, wherever applicable, for each grade in 14780
the school district as a whole, for each school building as a 14781
whole, and for each grade in each school building.14782

       (b) The total number of employees and the number of full-time 14783
equivalent employees providing each category of service used 14784
pursuant to divisions (C)(4)(a) and (b) of this section, and the 14785
total numbers of licensed employees and nonlicensed employees and 14786
the numbers of full-time equivalent licensed employees and 14787
nonlicensed employees providing each category used pursuant to 14788
division (C)(4)(c) of this section. The guidelines adopted under 14789
this section shall require these categories of data to be 14790
maintained for the school district as a whole and, wherever 14791
applicable, for each grade in the school district as a whole, for 14792
each school building as a whole, and for each grade in each school 14793
building.14794

       (c) The total number of regular classroom teachers teaching 14795
classes of regular education and the average number of pupils 14796
enrolled in each such class, in each of grades kindergarten 14797
through five in the district as a whole and in each school 14798
building in the school district.14799

       (d) The number of lead teachers employed by each school 14800
district and each school building.14801

       (3)(a) Student demographic data for each school district, 14802
including information regarding the gender ratio of the school 14803
district's pupils, the racial make-up of the school district's 14804
pupils, the number of limited English proficient students in the 14805
district, and an appropriate measure of the number of the school 14806
district's pupils who reside in economically disadvantaged 14807
households. The demographic data shall be collected in a manner to 14808
allow correlation with data collected under division (B)(1) of 14809
this section. Categories for data collected pursuant to division 14810
(B)(3) of this section shall conform, where appropriate, to 14811
standard practices of agencies of the federal government.14812

       (b) With respect to each student entering kindergarten, 14813
whether the student previously participated in a public preschool 14814
program, a private preschool program, or a head start program, and 14815
the number of years the student participated in each of these 14816
programs.14817

       (4) Any data required to be collected pursuant to federal 14818
law.14819

       (C) The education management information system shall include 14820
cost accounting data for each district as a whole and for each 14821
school building in each school district. The guidelines adopted 14822
under this section shall require the cost data for each school 14823
district to be maintained in a system of mutually exclusive cost 14824
units and shall require all of the costs of each school district 14825
to be divided among the cost units. The guidelines shall require 14826
the system of mutually exclusive cost units to include at least 14827
the following:14828

       (1) Administrative costs for the school district as a whole. 14829
The guidelines shall require the cost units under this division 14830
(C)(1) to be designed so that each of them may be compiled and 14831
reported in terms of average expenditure per pupil in formula ADM 14832
in the school district, as determined pursuant to section 3317.03 14833
of the Revised Code.14834

       (2) Administrative costs for each school building in the 14835
school district. The guidelines shall require the cost units under 14836
this division (C)(2) to be designed so that each of them may be 14837
compiled and reported in terms of average expenditure per 14838
full-time equivalent pupil receiving instructional or support 14839
services in each building.14840

       (3) Instructional services costs for each category of 14841
instructional service provided directly to students and required 14842
by guidelines adopted pursuant to division (B)(1)(a) of this 14843
section. The guidelines shall require the cost units under 14844
division (C)(3) of this section to be designed so that each of 14845
them may be compiled and reported in terms of average expenditure 14846
per pupil receiving the service in the school district as a whole 14847
and average expenditure per pupil receiving the service in each 14848
building in the school district and in terms of a total cost for 14849
each category of service and, as a breakdown of the total cost, a 14850
cost for each of the following components:14851

       (a) The cost of each instructional services category required 14852
by guidelines adopted under division (B)(1)(a) of this section 14853
that is provided directly to students by a classroom teacher;14854

       (b) The cost of the instructional support services, such as 14855
services provided by a speech-language pathologist, classroom 14856
aide, multimedia aide, or librarian, provided directly to students 14857
in conjunction with each instructional services category;14858

       (c) The cost of the administrative support services related 14859
to each instructional services category, such as the cost of 14860
personnel that develop the curriculum for the instructional 14861
services category and the cost of personnel supervising or 14862
coordinating the delivery of the instructional services category.14863

       (4) Support or extracurricular services costs for each 14864
category of service directly provided to students and required by 14865
guidelines adopted pursuant to division (B)(1)(b) of this section. 14866
The guidelines shall require the cost units under division (C)(4) 14867
of this section to be designed so that each of them may be 14868
compiled and reported in terms of average expenditure per pupil 14869
receiving the service in the school district as a whole and 14870
average expenditure per pupil receiving the service in each 14871
building in the school district and in terms of a total cost for 14872
each category of service and, as a breakdown of the total cost, a 14873
cost for each of the following components:14874

       (a) The cost of each support or extracurricular services 14875
category required by guidelines adopted under division (B)(1)(b) 14876
of this section that is provided directly to students by a 14877
licensed employee, such as services provided by a guidance 14878
counselor or any services provided by a licensed employee under a 14879
supplemental contract;14880

       (b) The cost of each such services category provided directly 14881
to students by a nonlicensed employee, such as janitorial 14882
services, cafeteria services, or services of a sports trainer;14883

       (c) The cost of the administrative services related to each 14884
services category in division (C)(4)(a) or (b) of this section, 14885
such as the cost of any licensed or nonlicensed employees that 14886
develop, supervise, coordinate, or otherwise are involved in 14887
administering or aiding the delivery of each services category.14888

       (D)(1) The guidelines adopted under this section shall 14889
require school districts to collect information about individual 14890
students, staff members, or both in connection with any data 14891
required by division (B) or (C) of this section or other reporting 14892
requirements established in the Revised Code. The guidelines may 14893
also require school districts to report information about 14894
individual staff members in connection with any data required by 14895
division (B) or (C) of this section or other reporting 14896
requirements established in the Revised Code. The guidelines shall 14897
not authorize school districts to request social security numbers 14898
of individual students. The guidelines shall prohibit the 14899
reporting under this section of a student's name, address, and 14900
social security number to the state board of education or the 14901
department of education. The guidelines shall also prohibit the 14902
reporting under this section of any personally identifiable 14903
information about any student, except for the purpose of assigning 14904
the data verification code required by division (D)(2) of this 14905
section, to any other person unless such person is employed by the 14906
school district or the information technology center operated 14907
under section 3301.075 of the Revised Code and is authorized by 14908
the district or technology center to have access to such 14909
information or is employed by an entity with which the department 14910
contracts for the scoring or the development of state assessments. 14911
The guidelines may require school districts to provide the social 14912
security numbers of individual staff members and the county of 14913
residence for a student. Nothing in this section prohibits the 14914
state board of education or department of education from providing 14915
a student's county of residence to the department of taxation to 14916
facilitate the distribution of tax revenue.14917

       (2)(a) The guidelines shall provide for each school district 14918
or community school to assign a data verification code that is 14919
unique on a statewide basis over time to each student whose 14920
initial Ohio enrollment is in that district or school and to 14921
report all required individual student data for that student 14922
utilizing such code. The guidelines shall also provide for 14923
assigning data verification codes to all students enrolled in 14924
districts or community schools on the effective date of the 14925
guidelines established under this section. The assignment of data 14926
verification codes for other entities, as described in division 14927
(D)(2)(c) of this section, the use of those codes, and the 14928
reporting and use of associated individual student data shall be 14929
coordinated by the department in accordance with state and federal 14930
law.14931

        School districts shall report individual student data to the 14932
department through the information technology centers utilizing 14933
the code. The entities described in division (D)(2)(c) of this 14934
section shall report individual student data to the department in 14935
the manner prescribed by the department.14936

        Except as provided in sections 3301.941, 3310.11, 3310.42, 14937
3310.63, 3313.978, and 3317.20 of the Revised Code, at no time 14938
shall the state board or the department have access to information 14939
that would enable any data verification code to be matched to 14940
personally identifiable student data.14941

       (b) Each school district and community school shall ensure 14942
that the data verification code is included in the student's 14943
records reported to any subsequent school district, community 14944
school, or state institution of higher education, as defined in 14945
section 3345.011 of the Revised Code, in which the student 14946
enrolls. Any such subsequent district or school shall utilize the 14947
same identifier in its reporting of data under this section.14948

       (c) The director of any state agency that administers a 14949
publicly funded program providing services to children who are 14950
younger than compulsory school age, as defined in section 3321.01 14951
of the Revised Code, including the directors of health, job and 14952
family services, mental health and addiction services, and 14953
developmental disabilities, shall request and receive, pursuant to 14954
sections 3301.0723 and 3701.62 of the Revised Code, a data 14955
verification code for a child who is receiving those services. 14956

       (E) The guidelines adopted under this section may require 14957
school districts to collect and report data, information, or 14958
reports other than that described in divisions (A), (B), and (C) 14959
of this section for the purpose of complying with other reporting 14960
requirements established in the Revised Code. The other data, 14961
information, or reports may be maintained in the education 14962
management information system but are not required to be compiled 14963
as part of the profile formats required under division (G) of this 14964
section or the annual statewide report required under division (H) 14965
of this section.14966

       (F) Beginning with the school year that begins July 1, 1991, 14967
the board of education of each school district shall annually 14968
collect and report to the state board, in accordance with the 14969
guidelines established by the board, the data required pursuant to 14970
this section. A school district may collect and report these data 14971
notwithstanding section 2151.357 or 3319.321 of the Revised Code.14972

       (G) The state board shall, in accordance with the procedures 14973
it adopts, annually compile the data reported by each school 14974
district pursuant to division (D) of this section. The state board 14975
shall design formats for profiling each school district as a whole 14976
and each school building within each district and shall compile 14977
the data in accordance with these formats. These profile formats 14978
shall:14979

       (1) Include all of the data gathered under this section in a 14980
manner that facilitates comparison among school districts and 14981
among school buildings within each school district;14982

       (2) Present the data on academic achievement levels as 14983
assessed by the testing of student achievement maintained pursuant 14984
to division (B)(1)(d) of this section.14985

       (H)(1) The state board shall, in accordance with the 14986
procedures it adopts, annually prepare a statewide report for all 14987
school districts and the general public that includes the profile 14988
of each of the school districts developed pursuant to division (G) 14989
of this section. Copies of the report shall be sent to each school 14990
district.14991

       (2) The state board shall, in accordance with the procedures 14992
it adopts, annually prepare an individual report for each school 14993
district and the general public that includes the profiles of each 14994
of the school buildings in that school district developed pursuant 14995
to division (G) of this section. Copies of the report shall be 14996
sent to the superintendent of the district and to each member of 14997
the district board of education.14998

       (3) Copies of the reports received from the state board under 14999
divisions (H)(1) and (2) of this section shall be made available 15000
to the general public at each school district's offices. Each 15001
district board of education shall make copies of each report 15002
available to any person upon request and payment of a reasonable 15003
fee for the cost of reproducing the report. The board shall 15004
annually publish in a newspaper of general circulation in the 15005
school district, at least twice during the two weeks prior to the 15006
week in which the reports will first be available, a notice 15007
containing the address where the reports are available and the 15008
date on which the reports will be available.15009

       (I) Any data that is collected or maintained pursuant to this 15010
section and that identifies an individual pupil is not a public 15011
record for the purposes of section 149.43 of the Revised Code.15012

       (J) As used in this section:15013

       (1) "School district" means any city, local, exempted 15014
village, or joint vocational school district and, in accordance 15015
with section 3314.17 of the Revised Code, any community school. As 15016
used in division (L) of this section, "school district" also 15017
includes any educational service center or other educational 15018
entity required to submit data using the system established under 15019
this section.15020

       (2) "Cost" means any expenditure for operating expenses made 15021
by a school district excluding any expenditures for debt 15022
retirement except for payments made to any commercial lending 15023
institution for any loan approved pursuant to section 3313.483 of 15024
the Revised Code.15025

       (K) Any person who removes data from the information system 15026
established under this section for the purpose of releasing it to 15027
any person not entitled under law to have access to such 15028
information is subject to section 2913.42 of the Revised Code 15029
prohibiting tampering with data.15030

       (L)(1) In accordance with division (L)(2) of this section and 15031
the rules adopted under division (L)(10) of this section, the 15032
department of education may sanction any school district that 15033
reports incomplete or inaccurate data, reports data that does not 15034
conform to data requirements and descriptions published by the 15035
department, fails to report data in a timely manner, or otherwise 15036
does not make a good faith effort to report data as required by 15037
this section.15038

       (2) If the department decides to sanction a school district 15039
under this division, the department shall take the following 15040
sequential actions:15041

       (a) Notify the district in writing that the department has 15042
determined that data has not been reported as required under this 15043
section and require the district to review its data submission and 15044
submit corrected data by a deadline established by the department. 15045
The department also may require the district to develop a 15046
corrective action plan, which shall include provisions for the 15047
district to provide mandatory staff training on data reporting 15048
procedures.15049

       (b) Withhold up to ten per cent of the total amount of state 15050
funds due to the district for the current fiscal year and, if not 15051
previously required under division (L)(2)(a) of this section, 15052
require the district to develop a corrective action plan in 15053
accordance with that division;15054

       (c) Withhold an additional amount of up to twenty per cent of 15055
the total amount of state funds due to the district for the 15056
current fiscal year;15057

       (d) Direct department staff or an outside entity to 15058
investigate the district's data reporting practices and make 15059
recommendations for subsequent actions. The recommendations may 15060
include one or more of the following actions:15061

       (i) Arrange for an audit of the district's data reporting 15062
practices by department staff or an outside entity;15063

       (ii) Conduct a site visit and evaluation of the district;15064

       (iii) Withhold an additional amount of up to thirty per cent 15065
of the total amount of state funds due to the district for the 15066
current fiscal year;15067

       (iv) Continue monitoring the district's data reporting;15068

       (v) Assign department staff to supervise the district's data 15069
management system;15070

       (vi) Conduct an investigation to determine whether to suspend 15071
or revoke the license of any district employee in accordance with 15072
division (N) of this section;15073

       (vii) If the district is issued a report card under section 15074
3302.03 of the Revised Code, indicate on the report card that the 15075
district has been sanctioned for failing to report data as 15076
required by this section;15077

       (viii) If the district is issued a report card under section 15078
3302.03 of the Revised Code and incomplete or inaccurate data 15079
submitted by the district likely caused the district to receive a 15080
higher performance rating than it deserved under that section, 15081
issue a revised report card for the district;15082

       (ix) Any other action designed to correct the district's data 15083
reporting problems.15084

       (3) Any time the department takes an action against a school 15085
district under division (L)(2) of this section, the department 15086
shall make a report of the circumstances that prompted the action. 15087
The department shall send a copy of the report to the district 15088
superintendent or chief administrator and maintain a copy of the 15089
report in its files.15090

       (4) If any action taken under division (L)(2) of this section 15091
resolves a school district's data reporting problems to the 15092
department's satisfaction, the department shall not take any 15093
further actions described by that division. If the department 15094
withheld funds from the district under that division, the 15095
department may release those funds to the district, except that if 15096
the department withheld funding under division (L)(2)(c) of this 15097
section, the department shall not release the funds withheld under 15098
division (L)(2)(b) of this section and, if the department withheld 15099
funding under division (L)(2)(d) of this section, the department 15100
shall not release the funds withheld under division (L)(2)(b) or 15101
(c) of this section.15102

       (5) Notwithstanding anything in this section to the contrary, 15103
the department may use its own staff or an outside entity to 15104
conduct an audit of a school district's data reporting practices 15105
any time the department has reason to believe the district has not 15106
made a good faith effort to report data as required by this 15107
section. If any audit conducted by an outside entity under 15108
division (L)(2)(d)(i) or (5) of this section confirms that a 15109
district has not made a good faith effort to report data as 15110
required by this section, the district shall reimburse the 15111
department for the full cost of the audit. The department may 15112
withhold state funds due to the district for this purpose.15113

       (6) Prior to issuing a revised report card for a school 15114
district under division (L)(2)(d)(viii) of this section, the 15115
department may hold a hearing to provide the district with an 15116
opportunity to demonstrate that it made a good faith effort to 15117
report data as required by this section. The hearing shall be 15118
conducted by a referee appointed by the department. Based on the 15119
information provided in the hearing, the referee shall recommend 15120
whether the department should issue a revised report card for the 15121
district. If the referee affirms the department's contention that 15122
the district did not make a good faith effort to report data as 15123
required by this section, the district shall bear the full cost of 15124
conducting the hearing and of issuing any revised report card.15125

       (7) If the department determines that any inaccurate data 15126
reported under this section caused a school district to receive 15127
excess state funds in any fiscal year, the district shall 15128
reimburse the department an amount equal to the excess funds, in 15129
accordance with a payment schedule determined by the department. 15130
The department may withhold state funds due to the district for 15131
this purpose.15132

       (8) Any school district that has funds withheld under 15133
division (L)(2) of this section may appeal the withholding in 15134
accordance with Chapter 119. of the Revised Code.15135

       (9) In all cases of a disagreement between the department and 15136
a school district regarding the appropriateness of an action taken 15137
under division (L)(2) of this section, the burden of proof shall 15138
be on the district to demonstrate that it made a good faith effort 15139
to report data as required by this section.15140

       (10) The state board of education shall adopt rules under 15141
Chapter 119. of the Revised Code to implement division (L) of this 15142
section.15143

       (M) No information technology center or school district shall 15144
acquire, change, or update its student administration software 15145
package to manage and report data required to be reported to the 15146
department unless it converts to a student software package that 15147
is certified by the department.15148

       (N) The state board of education, in accordance with sections 15149
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a 15150
license as defined under division (A) of section 3319.31 of the 15151
Revised Code that has been issued to any school district employee 15152
found to have willfully reported erroneous, inaccurate, or 15153
incomplete data to the education management information system.15154

       (O) No person shall release or maintain any information about 15155
any student in violation of this section. Whoever violates this 15156
division is guilty of a misdemeanor of the fourth degree.15157

       (P) The department shall disaggregate the data collected 15158
under division (B)(1)(n) of this section according to the race and 15159
socioeconomic status of the students assessed. No data collected 15160
under that division shall be included on the report cards required 15161
by section 3302.03 of the Revised Code.15162

       (Q) If the department cannot compile any of the information 15163
required by division (H) of section 3302.03 of the Revised Code 15164
based upon the data collected under this section, the department 15165
shall develop a plan and a reasonable timeline for the collection 15166
of any data necessary to comply with that division.15167

       Sec. 3301.0715.  (A) Except as otherwise required under 15168
division (B)(1) of section 3313.608 of the Revised Code, the board 15169
of education of each city, local, and exempted village school 15170
district shall administer each applicable diagnostic assessment 15171
developed and provided to the district in accordance with section 15172
3301.079 of the Revised Code to the following:15173

       (1) Any student who transfers into the district or to a 15174
different school within the district if each applicable diagnostic 15175
assessment was not administered by the district or school the 15176
student previously attended in the current school year, within 15177
thirty days after the date of transfer. If the district or school 15178
into which the student transfers cannot determine whether the 15179
student has taken any applicable diagnostic assessment in the 15180
current school year, the district or school may administer the 15181
diagnostic assessment to the student. However, if a student 15182
transfers into the district prior to the administration of the 15183
diagnostic assessments to all students under division (B) of this 15184
section, the district may administer the diagnostic assessments to 15185
that student on the date or dates determined under that division.15186

       (2)(a) Prior to July 1, 2014, each kindergarten student, not 15187
earlier than four weeks prior to the first day of school and not 15188
later than the first day of October.15189

       (b) Beginning July 1, 2014, eachEach kindergarten student, 15190
not earlier than the first day of the school year and not later 15191
than the first day of November, except that the language and 15192
reading skills portion of the assessment shall be administered by 15193
the thirtieth day of September to fulfill the requirements of 15194
division (B) of section 3313.608 of the Revised Code.15195

       For the purpose of division (A)(2) of this section, the 15196
district shall administer the kindergarten readiness assessment 15197
provided by the department of education. In no case shall the 15198
results of the readiness assessment be used to prohibit a student 15199
from enrolling in kindergarten.15200

       (3) Each student enrolled in first, second, or third grade.15201

       Division (A) of this section does not apply to students with 15202
significant cognitive disabilities, as defined by the department 15203
of education.15204

       (B) Each district board shall administer each diagnostic 15205
assessment when the board deems appropriate, provided the 15206
administration complies with section 3313.608 of the Revised Code. 15207
However, the board shall administer any diagnostic assessment at 15208
least once annually to all students in the appropriate grade 15209
level. A district board may administer any diagnostic assessment 15210
in the fall and spring of a school year to measure the amount of 15211
academic growth attributable to the instruction received by 15212
students during that school year.15213

       (C) Any district that received an excellent or effective 15214
ratinga grade of "A" or "B" for the performance index score under 15215
division (A)(1)(b), (B)(1)(b), or (C)(1)(b) of section 3302.03 of 15216
the Revised Code or for the value-added progress dimension under 15217
division (A)(1)(e), (B)(1)(e), or (C)(1)(e) of section 3302.03 of 15218
the Revised Code for the immediately preceding school year, 15219
pursuant to section 3302.03 of the Revised Code as it existed 15220
prior to March 22, 2013, or the equivalent of such rating as 15221
determined by the department of education, may use different 15222
diagnostic assessments from those adopted under division (D) of 15223
section 3301.079 of the Revised Code in order to satisfy the 15224
requirements of division (A)(2)(3) of this section.15225

       (D) Each district board shall utilize and score any 15226
diagnostic assessment administered under division (A) of this 15227
section in accordance with rules established by the department. 15228
After the administration of any diagnostic assessment, each 15229
district shall provide a student's completed diagnostic 15230
assessment, the results of such assessment, and any other 15231
accompanying documents used during the administration of the 15232
assessment to the parent of that student, and shall include all 15233
such documents and information in any plan developed for the 15234
student under division (C) of section 3313.608 of the Revised 15235
Code. Each district shall submit to the department, in the manner 15236
the department prescribes, the results of the diagnostic 15237
assessments administered under this section, regardless of the 15238
type of assessment used under section 3313.608 of the Revised 15239
Code. The department may issue reports with respect to the data 15240
collected. The department may report school and district level 15241
kindergarten diagnostic assessment data and use diagnostic 15242
assessment data to calculate the measure prescribed by divisions 15243
(B)(1)(g) and (C)(1)(g) of section 3302.03 of the Revised Code.15244

       (E) Each district board shall provide intervention services 15245
to students whose diagnostic assessments show that they are 15246
failing to make satisfactory progress toward attaining the 15247
academic standards for their grade level.15248

       Sec. 3302.03.  Annually, not later than the fifteenth day of 15249
September or the preceding Friday when that day falls on a 15250
Saturday or Sunday, the department of education shall assign a 15251
letter grade for overall academic performance and for each 15252
separate performance measure for each school district, and each 15253
school building in a district, in accordance with this section. 15254
The state board shall adopt rules pursuant to Chapter 119. of the 15255
Revised Code to establish performance criteria for each letter 15256
grade and prescribe a method by which the department assigns each 15257
letter grade. For a school building to which any of the 15258
performance measures do not apply, due to grade levels served by 15259
the building, the state board shall designate the performance 15260
measures that are applicable to the building and that must be 15261
calculated separately and used to calculate the building's overall 15262
grade. The department shall issue annual report cards reflecting 15263
the performance of each school district, each building within each 15264
district, and for the state as a whole using the performance 15265
measures and letter grade system described in this section. The 15266
department shall include on the report card for each district and 15267
each building within each district the most recent two-year trend 15268
data in student achievement for each subject and each grade.15269

       (A)(1) For the 2012-2013 school year, the department shall 15270
issue grades as described in division (E) of this section for each 15271
of the following performance measures:15272

       (a) Annual measurable objectives; 15273

       (b) Performance index score for a school district or 15274
building. Grades shall be awarded as a percentage of the total 15275
possible points on the performance index system as adopted by the 15276
state board. In adopting benchmarks for assigning letter grades 15277
under division (A)(1)(b) of this section, the state board of 15278
education shall designate ninety per cent or higher for an "A," at 15279
least seventy per cent but not more than eighty per cent for a 15280
"C," and less than fifty per cent for an "F."15281

       (c) The extent to which the school district or building meets 15282
each of the applicable performance indicators established by the 15283
state board under section 3302.02 of the Revised Code and the 15284
percentage of applicable performance indicators that have been 15285
achieved. In adopting benchmarks for assigning letter grades under 15286
division (A)(1)(c) of this section, the state board shall 15287
designate ninety per cent or higher for an "A."15288

       (d) The four- and five-year adjusted cohort graduation rates.15289

        In adopting benchmarks for assigning letter grades under 15290
division (A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the 15291
department shall designate a four-year adjusted cohort graduation 15292
rate of ninety-three per cent or higher for an "A" and a five-year 15293
cohort graduation rate of ninety-five per cent or higher for an 15294
"A."15295

       (e) The overall score under the value-added progress 15296
dimension of a school district or building, for which the 15297
department shall use up to three years of value-added data as 15298
available. The letter grade assigned for this growth measure shall 15299
be as follows:15300

       (i) A score that is at least two standard errors of measure 15301
above the mean score shall be designated as an "A."15302

       (ii) A score that is at least one standard error of measure 15303
but less than two standard errors of measure above the mean score 15304
shall be designated as a "B."15305

       (iii) A score that is less than one standard error of measure 15306
above the mean score but greater than or equal to one standard 15307
error of measure below the mean score shall be designated as a 15308
"C."15309

       (iv) A score that is not greater than one standard error of 15310
measure below the mean score but is greater than or equal to two 15311
standard errors of measure below the mean score shall be 15312
designated as a "D."15313

       (v) A score that is not greater than two standard errors of 15314
measure below the mean score shall be designated as an "F."15315

       Whenever the value-added progress dimension is used as a 15316
graded performance measure, whether as an overall measure or as a 15317
measure of separate subgroups, the grades for the measure shall be 15318
calculated in the same manner as prescribed in division (A)(1)(e) 15319
of this section.15320

       (f) The value-added progress dimension score for a school 15321
district or building disaggregated for each of the following 15322
subgroups: students identified as gifted, students with 15323
disabilities, and students whose performance places them in the 15324
lowest quintile for achievement on a statewide basis. Each 15325
subgroup shall be a separate graded measure.15326

       (2) Not later than April 30, 2013, the state board of 15327
education shall adopt a resolution describing the performance 15328
measures, benchmarks, and grading system for the 2012-2013 school 15329
year and, not later than June 30, 2013, shall adopt rules in 15330
accordance with Chapter 119. of the Revised Code that prescribe 15331
the methods by which the performance measures under division 15332
(A)(1) of this section shall be assessed and assigned a letter 15333
grade, including performance benchmarks for each letter grade.15334

       At least forty-five days prior to the state board's adoption 15335
of rules to prescribe the methods by which the performance 15336
measures under division (A)(1) of this section shall be assessed 15337
and assigned a letter grade, the department shall conduct a public 15338
presentation before the standing committees of the house of 15339
representatives and the senate that consider education legislation 15340
describing such methods, including performance benchmarks.15341

       (3) There shall not be an overall letter grade for a school 15342
district or building for the 2012-2013 school year.15343

       (B)(1) For the 2013-2014 school year, the department shall 15344
issue grades as described in division (E) of this section for each 15345
of the following performance measures:15346

       (a) Annual measurable objectives; 15347

       (b) Performance index score for a school district or 15348
building. Grades shall be awarded as a percentage of the total 15349
possible points on the performance index system as created by the 15350
department. In adopting benchmarks for assigning letter grades 15351
under division (B)(1)(b) of this section, the state board shall 15352
designate ninety per cent or higher for an "A," at least seventy 15353
per cent but not more than eighty per cent for a "C," and less 15354
than fifty per cent for an "F."15355

       (c) The extent to which the school district or building meets 15356
each of the applicable performance indicators established by the 15357
state board under section 3302.03 of the Revised Code and the 15358
percentage of applicable performance indicators that have been 15359
achieved. In adopting benchmarks for assigning letter grades under 15360
division (B)(1)(c) of this section, the state board shall 15361
designate ninety per cent or higher for an "A."15362

       (d) The four- and five-year adjusted cohort graduation rates;15363

       (e) The overall score under the value-added progress 15364
dimension of a school district or building, for which the 15365
department shall use up to three years of value-added data as 15366
available.15367

       (f) The value-added progress dimension score for a school 15368
district or building disaggregated for each of the following 15369
subgroups: students identified as gifted in superior cognitive 15370
ability and specific academic ability fields under Chapter 3324. 15371
of the Revised Code, students with disabilities, and students 15372
whose performance places them in the lowest quintile for 15373
achievement on a statewide basis. Each subgroup shall be a 15374
separate graded measure.15375

       (g) Whether a school district or building is making progress 15376
in improving literacy in grades kindergarten through three, as 15377
determined using a method prescribed by the state board. The state 15378
board shall adopt rules to prescribe benchmarks and standards for 15379
assigning grades to districts and buildings for purposes of 15380
division (B)(1)(g) of this section. In adopting benchmarks for 15381
assigning letter grades under divisions (B)(1)(g) and (C)(1)(g) of 15382
this section, the state board shall determine progress made based 15383
on the reduction in the percentage of students scoring below grade 15384
level, or below proficient, compared from year to year on the 15385
reading and writing diagnostic assessments administered under 15386
section 3301.0715 of the Revised Code and the third grade English 15387
language arts assessment under section 3301.0710 of the Revised 15388
Code, as applicable. The state board shall designate for a "C" 15389
grade a value that is not lower than the statewide average value 15390
for this measure. No grade shall be issued under divisions 15391
(B)(1)(g) and (C)(1)(g) of this section for a district or building 15392
in which less than five per cent of students have scored below 15393
grade level on the diagnostic assessment administered to students 15394
in kindergarten under division (B)(1) of section 3313.608 of the 15395
Revised Code.15396

       (2) In addition to the graded measures in division (B)(1) of 15397
this section, the department shall include on a school district's 15398
or building's report card all of the following without an assigned 15399
letter grade:15400

       (a) The percentage of students enrolled in a district or 15401
building participating in advanced placement classes and the 15402
percentage of those students who received a score of three or 15403
better on advanced placement examinations;15404

        (b) The number of a district's or building's students who 15405
have earned at least three college credits through dual enrollment 15406
or advanced standing programs, such as the post-secondary 15407
enrollment options program under Chapter 3365. of the Revised Code 15408
and state-approved career-technical courses offered through dual 15409
enrollment or statewide articulation, that appear on a student's 15410
transcript or other official document, either of which is issued 15411
by the institution of higher education from which the student 15412
earned the college credit. The credits earned that are reported 15413
under divisions (B)(2)(b) and (C)(2)(c) of this section shall not 15414
include any that are remedial or developmental and shall include 15415
those that count toward the curriculum requirements established 15416
for completion of a degree.15417

       (c) The percentage of students enrolled in a district or 15418
building who have taken a national standardized test used for 15419
college admission determinations and the percentage of those 15420
students who are determined to be remediation-free in accordance 15421
with standards adopted under division (F) of section 3345.061 of 15422
the Revised Code;15423

        (d) The percentage of the district's or the building's 15424
students who receive industry credentials. The state board shall 15425
adopt criteria for acceptable industry credentials.15426

        (e) The percentage of students enrolled in a district or 15427
building who are participating in an international baccalaureate 15428
program and the percentage of those students who receive a score 15429
of four or better on the international baccalaureate examinations.15430

        (f) The percentage of the district's or building's students 15431
who receive an honors diploma under division (B) of section 15432
3313.61 of the Revised Code.15433

       (3) Not later than December 31, 2013, the state board shall 15434
adopt rules in accordance with Chapter 119. of the Revised Code 15435
that prescribe the methods by which the performance measures under 15436
divisions (B)(1)(f) and (B)(1)(g) of this section will be assessed 15437
and assigned a letter grade, including performance benchmarks for 15438
each grade.15439

       At least forty-five days prior to the state board's adoption 15440
of rules to prescribe the methods by which the performance 15441
measures under division (B)(1) of this section shall be assessed 15442
and assigned a letter grade, the department shall conduct a public 15443
presentation before the standing committees of the house of 15444
representatives and the senate that consider education legislation 15445
describing such methods, including performance benchmarks.15446

       (4) There shall not be an overall letter grade for a school 15447
district or building for the 2013-2014 school year.15448

       (C)(1) For the 2014-2015 school year and each school year 15449
thereafter, the department shall issue grades as described in 15450
division (E) of this section for each of the following performance 15451
measures and an overall letter grade based on an aggregate of 15452
those measures:15453

       (a) Annual measurable objectives; 15454

       (b) Performance index score for a school district or 15455
building. Grades shall be awarded as a percentage of the total 15456
possible points on the performance index system as created by the 15457
department. In adopting benchmarks for assigning letter grades 15458
under division (C)(1)(b) of this section, the state board shall 15459
designate ninety per cent or higher for an "A," at least seventy 15460
per cent but not more than eighty per cent for a "C," and less 15461
than fifty per cent for an "F."15462

       (c) The extent to which the school district or building meets 15463
each of the applicable performance indicators established by the 15464
state board under section 3302.03 of the Revised Code and the 15465
percentage of applicable performance indicators that have been 15466
achieved. In adopting benchmarks for assigning letter grades under 15467
division (C)(1)(c) of this section, the state board shall 15468
designate ninety per cent or higher for an "A."15469

       (d) The four- and five-year adjusted cohort graduation rates;15470

       (e) The overall score under the value-added progress 15471
dimension, or another measure of student academic progress if 15472
adopted by the state board, of a school district or building, for 15473
which the department shall use up to three years of value-added 15474
data as available.15475

       In adopting benchmarks for assigning letter grades for 15476
overall score on value-added progress dimension under division 15477
(C)(1)(e) of this section, the state board shall prohibit the 15478
assigning of a grade of "A" for that measure unless the district's 15479
or building's grade assigned for value-added progress dimension 15480
for all subgroups under division (C)(1)(f) of this section is a 15481
"B" or higher.15482

       For the metric prescribed by division (C)(1)(e) of this 15483
section, the state board may adopt a student academic progress 15484
measure to be used instead of the value-added progress dimension. 15485
If the state board adopts such a measure, it also shall prescribe 15486
a method for assigning letter grades for the new measure that is 15487
comparable to the method prescribed in division (A)(1)(e) of this 15488
section.15489

       (f) The value-added progress dimension score of a school 15490
district or building disaggregated for each of the following 15491
subgroups: students identified as gifted in superior cognitive 15492
ability and specific academic ability fields under Chapter 3324. 15493
of the Revised Code, students with disabilities, and students 15494
whose performance places them in the lowest quintile for 15495
achievement on a statewide basis, as determined by a method 15496
prescribed by the state board. Each subgroup shall be a separate 15497
graded measure.15498

       The state board may adopt student academic progress measures 15499
to be used instead of the value-added progress dimension. If the 15500
state board adopts such measures, it also shall prescribe a method 15501
for assigning letter grades for the new measures that is 15502
comparable to the method prescribed in division (A)(1)(e) of this 15503
section.15504

       (g) Whether a school district or building is making progress 15505
in improving literacy in grades kindergarten through three, as 15506
determined using a method prescribed by the state board. The state 15507
board shall adopt rules to prescribe benchmarks and standards for 15508
assigning grades to a district or building for purposes of 15509
division (C)(1)(g) of this section. The state board shall 15510
designate for a "C" grade a value that is not lower than the 15511
statewide average value for this measure. No grade shall be issued 15512
under division (C)(1)(g) of this section for a district or 15513
building in which less than five per cent of students have scored 15514
below grade level on the kindergarten diagnostic assessment under 15515
division (B)(1) of section 3313.608 of the Revised Code.15516

       (2) In addition to the graded measures in division (C)(1) of 15517
this section, the department shall include on a school district's 15518
or building's report card all of the following without an assigned 15519
letter grade:15520

        (a) The percentage of students enrolled in a district or 15521
building who have taken a national standardized test used for 15522
college admission determinations and the percentage of those 15523
students who are determined to be remediation-free in accordance 15524
with the standards adopted under division (F) of section 3345.061 15525
of the Revised Code;15526

        (b) The percentage of students enrolled in a district or 15527
building participating in advanced placement classes and the 15528
percentage of those students who received a score of three or 15529
better on advanced placement examinations;15530

        (c) The number of a district's or building's students who 15531
have earned at least three college credits through dual enrollment15532
advanced standing programs, such as the post-secondary enrollment 15533
optionscollege credit plus program under Chapter 3365. of the 15534
Revised Code and state-approved career-technical courses offered 15535
through dual enrollment or statewide articulation, that appear on 15536
a student's transcript or other official document, either of which 15537
is issued by the institution of higher education from which the 15538
student earned the college credit. The credits earned that are 15539
reported under divisions (B)(2)(b) and (C)(2)(c) of this section 15540
shall not include any that are remedial or developmental and shall 15541
include those that count toward the curriculum requirements 15542
established for completion of a degree.15543

        (d) The percentage of the district's or building's students 15544
who receive an honor's diploma under division (B) of section 15545
3313.61 of the Revised Code;15546

        (e) The percentage of the district's or building's students 15547
who receive industry credentials;15548

        (f) The percentage of students enrolled in a district or 15549
building who are participating in an international baccalaureate 15550
program and the percentage of those students who receive a score 15551
of four or better on the international baccalaureate examinations;15552

        (g) The results of the college and career-ready assessments 15553
administered under division (B)(1) of section 3301.0712 of the 15554
Revised Code.15555

        (3) The state board shall adopt rules pursuant to Chapter 15556
119. of the Revised Code that establish a method to assign an 15557
overall grade for a school district or school building for the 15558
2014-2015 school year and each school year thereafter. The rules 15559
shall group the performance measures in divisions (C)(1) and (2) 15560
of this section into the following components:15561

        (a) Gap closing, which shall include the performance measure 15562
in division (C)(1)(a) of this section;15563

        (b) Achievement, which shall include the performance measures 15564
in divisions (C)(1)(b) and (c) of this section;15565

        (c) Progress, which shall include the performance measures in 15566
divisions (C)(1)(e) and (f) of this section;15567

        (d) Graduation, which shall include the performance measure 15568
in division (C)(1)(d) of this section;15569

        (e) Kindergarten through third-grade literacy, which shall 15570
include the performance measure in division (C)(1)(g) of this 15571
section;15572

        (f) Prepared for success, which shall include the performance 15573
measures in divisions (C)(2)(a), (b), (c), (d), (e), and (f) of 15574
this section. The state board shall develop a method to determine 15575
a grade for the component in division (C)(3)(f) of this section 15576
using the performance measures in divisions (C)(2)(a), (b), (c), 15577
(d), (e), and (f) of this section. When available, the state board 15578
may incorporate the performance measure under division (C)(2)(g) 15579
of this section into the component under division (C)(3)(f) of 15580
this section. When determining the overall grade for the prepared 15581
for success component prescribed by division (C)(3)(f) of this 15582
section, no individual student shall be counted in more than one 15583
performance measure. However, if a student qualifies for more than 15584
one performance measure in the component, the state board may, in 15585
its method to determine a grade for the component, specify an 15586
additional weight for such a student that is not greater than or 15587
equal to 1.0. In determining the overall score under division 15588
(C)(3)(f) of this section, the state board shall ensure that the 15589
pool of students included in the performance measures aggregated 15590
under that division are all of the students included in the four- 15591
and five-year adjusted graduation cohort.15592

        In the rules adopted under division (C)(3) of this section, 15593
the state board shall adopt a method for determining a grade for 15594
each component in divisions (C)(3)(a) to (f) of this section. The 15595
state board also shall establish a method to assign an overall 15596
grade of "A," "B," "C," "D," or "F" using the grades assigned for 15597
each component. The method the state board adopts for assigning an 15598
overall grade shall give equal weight to the components in 15599
divisions (C)(3)(b) and (c) of this section.15600

       At least forty-five days prior to the state board's adoption 15601
of rules to prescribe the methods for calculating the overall 15602
grade for the report card, as required by this division, the 15603
department shall conduct a public presentation before the standing 15604
committees of the house of representatives and the senate that 15605
consider education legislation describing the format for the 15606
report card, weights that will be assigned to the components of 15607
the overall grade, and the method for calculating the overall 15608
grade.15609

       (D) Not later than July 1, 2015, the state board shall 15610
develop a measure of student academic progress for high school 15611
students. Beginning with the report card for the 2015-2016 school 15612
year, each school district and applicable school building shall be 15613
assigned a separate letter grade for this measure and the 15614
district's or building's grade for that measure shall be included 15615
in determining the district's or building's overall letter grade. 15616
This measure shall be included within the measure prescribed in 15617
division (C)(3)(c) of this section in the calculation for the 15618
overall letter grade.15619

       (E) The letter grades assigned to a school district or 15620
building under this section shall be as follows:15621

       (1) "A" for a district or school making excellent progress;15622

       (2) "B" for a district or school making above average 15623
progress;15624

       (3) "C" for a district or school making average progress;15625

       (4) "D" for a district or school making below average 15626
progress;15627

       (5) "F" for a district or school failing to meet minimum 15628
progress.15629

        (F) When reporting data on student achievement and progress, 15630
the department shall disaggregate that data according to the 15631
following categories: 15632

       (1) Performance of students by grade-level; 15633

       (2) Performance of students by race and ethnic group; 15634

       (3) Performance of students by gender; 15635

       (4) Performance of students grouped by those who have been 15636
enrolled in a district or school for three or more years; 15637

       (5) Performance of students grouped by those who have been 15638
enrolled in a district or school for more than one year and less 15639
than three years; 15640

       (6) Performance of students grouped by those who have been 15641
enrolled in a district or school for one year or less; 15642

       (7) Performance of students grouped by those who are 15643
economically disadvantaged; 15644

       (8) Performance of students grouped by those who are enrolled 15645
in a conversion community school established under Chapter 3314. 15646
of the Revised Code; 15647

       (9) Performance of students grouped by those who are 15648
classified as limited English proficient; 15649

       (10) Performance of students grouped by those who have 15650
disabilities; 15651

       (11) Performance of students grouped by those who are 15652
classified as migrants; 15653

       (12) Performance of students grouped by those who are 15654
identified as gifted in superior cognitive ability and the 15655
specific academic ability fields of reading and math pursuant to 15656
Chapter 3324. of the Revised Code. In disaggregating specific 15657
academic ability fields for gifted students, the department shall 15658
use data for those students with specific academic ability in math 15659
and reading. If any other academic field is assessed, the 15660
department shall also include data for students with specific 15661
academic ability in that field as well.15662

       (13) Performance of students grouped by those who perform in 15663
the lowest quintile for achievement on a statewide basis, as 15664
determined by a method prescribed by the state board. 15665

       The department may disaggregate data on student performance 15666
according to other categories that the department determines are 15667
appropriate. To the extent possible, the department shall 15668
disaggregate data on student performance according to any 15669
combinations of two or more of the categories listed in divisions 15670
(F)(1) to (13) of this section that it deems relevant. 15671

       In reporting data pursuant to division (F) of this section, 15672
the department shall not include in the report cards any data 15673
statistical in nature that is statistically unreliable or that 15674
could result in the identification of individual students. For 15675
this purpose, the department shall not report student performance 15676
data for any group identified in division (F) of this section that 15677
contains less than ten students. If the department does not report 15678
student performance data for a group because it contains less than 15679
ten students, the department shall indicate on the report card 15680
that is why data was not reported.15681

       (G) The department may include with the report cards any 15682
additional education and fiscal performance data it deems 15683
valuable. 15684

       (H) The department shall include on each report card a list 15685
of additional information collected by the department that is 15686
available regarding the district or building for which the report 15687
card is issued. When available, such additional information shall 15688
include student mobility data disaggregated by race and 15689
socioeconomic status, college enrollment data, and the reports 15690
prepared under section 3302.031 of the Revised Code. 15691

       The department shall maintain a site on the world wide web. 15692
The report card shall include the address of the site and shall 15693
specify that such additional information is available to the 15694
public at that site. The department shall also provide a copy of 15695
each item on the list to the superintendent of each school 15696
district. The district superintendent shall provide a copy of any 15697
item on the list to anyone who requests it. 15698

       (I) Division (I) of this section does not apply to conversion 15699
community schools that primarily enroll students between sixteen 15700
and twenty-two years of age who dropped out of high school or are 15701
at risk of dropping out of high school due to poor attendance, 15702
disciplinary problems, or suspensions. 15703

       (1) For any district that sponsors a conversion community 15704
school under Chapter 3314. of the Revised Code, the department 15705
shall combine data regarding the academic performance of students 15706
enrolled in the community school with comparable data from the 15707
schools of the district for the purpose of determining the 15708
performance of the district as a whole on the report card issued 15709
for the district under this section or section 3302.033 of the 15710
Revised Code. 15711

       (2) Any district that leases a building to a community school 15712
located in the district or that enters into an agreement with a 15713
community school located in the district whereby the district and 15714
the school endorse each other's programs may elect to have data 15715
regarding the academic performance of students enrolled in the 15716
community school combined with comparable data from the schools of 15717
the district for the purpose of determining the performance of the 15718
district as a whole on the district report card. Any district that 15719
so elects shall annually file a copy of the lease or agreement 15720
with the department. 15721

       (3) Any municipal school district, as defined in section 15722
3311.71 of the Revised Code, that sponsors a community school 15723
located within the district's territory, or that enters into an 15724
agreement with a community school located within the district's 15725
territory whereby the district and the community school endorse 15726
each other's programs, may exercise either or both of the 15727
following elections:15728

        (a) To have data regarding the academic performance of 15729
students enrolled in that community school combined with 15730
comparable data from the schools of the district for the purpose 15731
of determining the performance of the district as a whole on the 15732
district's report card;15733

        (b) To have the number of students attending that community 15734
school noted separately on the district's report card.15735

       The election authorized under division (I)(3)(a) of this 15736
section is subject to approval by the governing authority of the 15737
community school.15738

       Any municipal school district that exercises an election to 15739
combine or include data under division (I)(3) of this section, by 15740
the first day of October of each year, shall file with the 15741
department documentation indicating eligibility for that election, 15742
as required by the department.15743

       (J) The department shall include on each report card the 15744
percentage of teachers in the district or building who are highly 15745
qualified, as defined by the "No Child Left Behind Act of 2001,"15746
and a comparison of that percentage with the percentages of such 15747
teachers in similar districts and buildings. 15748

       (K)(1) In calculating English language arts, mathematics, 15749
social studies, or science assessment passage rates used to 15750
determine school district or building performance under this 15751
section, the department shall include all students taking an 15752
assessment with accommodation or to whom an alternate assessment 15753
is administered pursuant to division (C)(1) or (3) of section 15754
3301.0711 of the Revised Code. 15755

        (2) In calculating performance index scores, rates of 15756
achievement on the performance indicators established by the state 15757
board under section 3302.02 of the Revised Code, and annual 15758
measurable objectives for determining adequate yearly progress for 15759
school districts and buildings under this section, the department 15760
shall do all of the following: 15761

       (a) Include for each district or building only those students 15762
who are included in the ADM certified for the first full school 15763
week of October and are continuously enrolled in the district or 15764
building through the time of the spring administration of any 15765
assessment prescribed by division (A)(1) or (B)(1) of section 15766
3301.0710 of the Revised Code that is administered to the 15767
student's grade level; 15768

       (b) Include cumulative totals from both the fall and spring 15769
administrations of the third grade English language arts 15770
achievement assessment; 15771

       (c) Except as required by the "No Child Left Behind Act of 15772
2001," exclude for each district or building any limited English 15773
proficient student who has been enrolled in United States schools 15774
for less than one full school year.15775

       (L) Beginning with the 2015-2016 school year and at least 15776
once every three years thereafter, the state board of education 15777
shall review and may adjust the benchmarks for assigning letter 15778
grades to the performance measures and components prescribed under 15779
divisions (C)(3) and (D) of this section.15780

       Sec. 3302.10.  (A) Beginning July 1, 2007, the superintendent 15781
of public instruction shall establish an academic distress 15782
commission for each(1) Subject to division (A)(2) of this 15783
section, any school district that meets any combination of the 15784
following conditions for two of the three or more consecutivemost 15785
recent years shall be subject to the establishment of an academic 15786
distress commission:15787

       (1)(a) The district has been declared to be in a state of 15788
academic emergency under section 3302.03 of the Revised Code, as 15789
that section existed prior to the effective date of this amendment15790
March 22, 2013, and has failed to make adequate yearly progress;.15791

       (2)(b) The district has received a grade of "F" for the 15792
performance index score and a grade of "D" or "F" for the 15793
value-added progress dimension of section 3302.03 of the Revised 15794
Code;for the 2013-2014 school year.15795

       (3)(c) The district has received an overall grade of "F" 15796
under division (C)(2) or a grade of "F" for the value-added 15797
progress dimension under division (C)(1)(e)(3) of section 3302.03 15798
of the Revised Code;15799

       (4) At least fifty per cent of the schools operated by the 15800
district have received an overall grade of "D" or "F" under 15801
division (C)(3) of section 3302.03 of the Revised Code. 15802

       (d) The district's academic performance makes it subject to 15803
the most severe level of state intervention as specified by the 15804
most recent "Elementary and Secondary Education Act" waiver issued 15805
to the state by the United States department of education.15806

       (2) A school district that meets any of the conditions 15807
prescribed in division (A)(1) of this section but has received on 15808
the report card issued for the most recent school year a grade of 15809
"A" or "B" on at least two components prescribed under division 15810
(C)(3) of section 3302.03 of the Revised Code shall not be subject 15811
to the establishment of an academic distress commission for the 15812
following school year.15813

       (B) Each commission shall assist the district for which it 15814
was established in improving the district's academic performance.15815

       Each commission is a body both corporate and politic, 15816
constituting an agency and instrumentality of the state and 15817
performing essential governmental functions of the state. A 15818
commission shall be known as the "academic distress commission for 15819
............... (name of school district)," and, in that name, may 15820
exercise all authority vested in such a commission by this 15821
section. A separate commission shall be established for each 15822
school district to which this division applies.15823

       (B)(C) Each academic distress commission shall consist of 15824
five voting members, three of whom shall be appointed by the 15825
superintendent of public instruction and two of whom shall be 15826
residents of the applicable school district appointed by the 15827
president of the district board of education. When a school 15828
district becomes subject to this section, the superintendent of 15829
public instruction shall provide written notification of that fact 15830
to the district board of education and shall request the president 15831
of the district board to submit to the superintendent of public 15832
instruction, in writing, the names of the president's appointees 15833
to the commission. The superintendent of public instruction and 15834
the president of the district board shall make appointments to the 15835
commission within thirty days after the district is notified that 15836
it is subject to this section.15837

        Members of the commission shall serve at the pleasure of 15838
their appointing authority during the life of the commission. In 15839
the event of the death, resignation, incapacity, removal, or 15840
ineligibility to serve of a member, the appointing authority shall 15841
appoint a successor within fifteen days after the vacancy occurs. 15842
Members shall serve without compensation, but shall be paid by the 15843
commission their necessary and actual expenses incurred while 15844
engaged in the business of the commission.15845

       (C)(D) Immediately after appointment of the initial members 15846
of an academic distress commission, the superintendent of public 15847
instruction shall call the first meeting of the commission and 15848
shall cause written notice of the time, date, and place of that 15849
meeting to be given to each member of the commission at least 15850
forty-eight hours in advance of the meeting. The first meeting 15851
shall include an overview of the commission's roles and 15852
responsibilities, the requirements of section 2921.42 and Chapter 15853
102. of the Revised Code as they pertain to commission members, 15854
the requirements of section 121.22 of the Revised Code, and the 15855
provisions of division (F)(H) of this section. At its first 15856
meeting, the commission shall adopt temporary bylaws in accordance 15857
with division (D)(F) of this section to govern its operations 15858
until the adoption of permanent bylaws.15859

       (E) The superintendent of public instruction shall designate 15860
a chairperson for the commission from among the members appointed 15861
by the superintendent. The chairperson shall call and conduct 15862
meetings, set meeting agendas, and serve as a liaison between the 15863
commission and the district board of education. The chairperson 15864
also shall appoint a secretary, who shall not be a member of the 15865
commission.15866

        The department of education shall provide administrative 15867
support for the commission, provide data requested by the 15868
commission, and inform the commission of available state resources 15869
that could assist the commission in its work.15870

       (D)(F) Each academic distress commission may adopt and alter 15871
bylaws and rules, which shall not be subject to section 111.15 or 15872
Chapter 119. of the Revised Code, for the conduct of its affairs 15873
and for the manner, subject to this section, in which its powers 15874
and functions shall be exercised and embodied.15875

       (E)(G) Three members of an academic distress commission 15876
constitute a quorum of the commission. The affirmative vote of 15877
three members of the commission is necessary for any action taken 15878
by vote of the commission. No vacancy in the membership of the 15879
commission shall impair the rights of a quorum by such vote to 15880
exercise all the rights and perform all the duties of the 15881
commission. Members of the commission are not disqualified from 15882
voting by reason of the functions of any other office they hold 15883
and are not disqualified from exercising the functions of the 15884
other office with respect to the school district, its officers, or 15885
the commission.15886

       (F)(H) The members of an academic distress commission, the 15887
superintendent of public instruction, and any person authorized to 15888
act on behalf of or assist them shall not be personally liable or 15889
subject to any suit, judgment, or claim for damages resulting from 15890
the exercise of or failure to exercise the powers, duties, and 15891
functions granted to them in regard to their functioning under 15892
this section, but the commission, superintendent of public 15893
instruction, and such other persons shall be subject to mandamus 15894
proceedings to compel performance of their duties under this 15895
section.15896

       (G)(I) Each member of an academic distress commission shall 15897
file the statement described in section 102.02 of the Revised Code 15898
with the Ohio ethics commission. The statement shall be 15899
confidential, subject to review, as described in division (B) of 15900
that section.15901

       (H)(J) Meetings of each academic distress commission shall be 15902
subject to section 121.22 of the Revised Code.15903

       (I)(K)(1) Within one hundred twenty days after the first 15904
meeting of an academic distress commission, the commission shall 15905
adopt an academic recovery plan to improve academic performance in 15906
the school district. The plan shall address academic problems at 15907
both the district and school levels. The plan shall include the 15908
following:15909

        (a) Short-term and long-term actions to be taken to improve 15910
the district's academic performance, including any actions 15911
required by section 3302.04 or 3302.041 of the Revised Code;15912

        (b) The sequence and timing of the actions described in 15913
division (I)(K)(1)(a) of this section and the persons responsible 15914
for implementing the actions;15915

        (c) Resources that will be applied toward improvement 15916
efforts;15917

        (d) Procedures for monitoring and evaluating improvement 15918
efforts;15919

        (e) Requirements for reporting to the commission and the 15920
district board of education on the status of improvement efforts.15921

        (2) The commission may amend the academic recovery plan 15922
subsequent to adoption. The commission shall update the plan at 15923
least annually.15924

        (3) The commission shall submit the academic recovery plan it 15925
adopts or updates to the superintendent of public instruction for 15926
approval immediately following its adoption or updating. The 15927
superintendent shall evaluate the plan and either approve or 15928
disapprove it within thirty days after its submission. If the plan 15929
is disapproved, the superintendent shall recommend modifications 15930
that will render it acceptable. No academic distress commission 15931
shall implement an academic recovery plan unless the 15932
superintendent has approved it.15933

        (4) County, state, and school district officers and employees 15934
shall assist the commission diligently and promptly in the 15935
implementation of the academic recovery plan.15936

       (J)(L) Each academic distress commission shall seek input 15937
from the district board of education regarding ways to improve the 15938
district's academic performance, but any decision of the 15939
commission related to any authority granted to the commission 15940
under this section shall be final.15941

       The commission may do any of the following:15942

       (1) Appoint school building administrators and reassign 15943
administrative personnel;15944

       (2) Terminate the contracts of administrators or 15945
administrative personnel. The commission shall not be required to 15946
comply with section 3319.16 of the Revised Code with respect to 15947
any contract terminated under this division.15948

       (3) Contract with a private entity to perform school or 15949
district management functions;15950

       (4) Establish a budget for the district and approve district 15951
appropriations and expenditures, unless a financial planning and 15952
supervision commission has been established for the district 15953
pursuant to section 3316.05 of the Revised Code.15954

       (K)(M) If the board of education of a district for which an 15955
academic distress commission has been established under this 15956
section renews any collective bargaining agreement under Chapter 15957
4117. of the Revised Code during the existence of the commission, 15958
the district board shall not enter into any agreement that would 15959
render any decision of the commission unenforceable. Section 15960
3302.08 of the Revised Code does not apply to this division.15961

       Notwithstanding any provision to the contrary in Chapter 15962
4117. of the Revised Code, if the board of education has entered 15963
into a collective bargaining agreement after September 29, 2005, 15964
that contains stipulations relinquishing one or more of the rights 15965
or responsibilities listed in division (C) of section 4117.08 of 15966
the Revised Code, those stipulations are not enforceable and the 15967
district board shall resume holding those rights or 15968
responsibilities as if it had not relinquished them in that 15969
agreement until such time as both the academic distress commission 15970
ceases to exist and the district board agrees to relinquish those 15971
rights or responsibilities in a new collective bargaining 15972
agreement. The provisions of this paragraph apply to a collective 15973
bargaining agreement entered into after September 29, 2005, and 15974
those provisions are deemed to be part of that agreement 15975
regardless of whether the district satisfied the conditions 15976
prescribed in division (A) of this section at the time the 15977
district entered into that agreement.15978

       (L)(N)(1) An academic distress commission shall cease to 15979
exist when the district for which it was established receives a 15980
performance rating of in need of continuous improvement or better, 15981
under section 3302.03 of the Revised Code as that section existed 15982
prior to the effective date of this amendment, or ahas received, 15983
on two of the three most recent report cards, any combination of 15984
the following:15985

       (a) A grade of "C" or better for both the performance index 15986
score under division (A)(1)(b), (B)(1)(b), or (C)(1)(b) and the 15987
value-added progress dimension under division (A)(1)(e), 15988
(B)(1)(e), or (C)(1)(e) of section 3302.03 of the Revised Code for 15989
two of the three prior school years; however, the;15990

       (b) An overall grade of "C" or better under division (C)(3) 15991
of section 3302.03 of the Revised Code;15992

       (c) A level of academic performance such that the school 15993
district is no longer subject to the most severe level of state 15994
intervention as described in division (A)(1)(d) of this section.15995

       (2) The superintendent of public instruction may dissolve the 15996
commission earlier than as prescribed by division (N)(1) of this 15997
section if the superintendent determines that the district can 15998
perform adequately without the supervision of the commission. Upon 15999
termination of the commission, the department of education shall 16000
compile a final report of the commission's activities to assist 16001
other academic distress commissions in the conduct of their 16002
functions.16003

       Sec. 3313.372.  (A) As used in this section, "energy 16004
conservation measure" means an installation or modification of an 16005
installation in, or remodeling of, a building, to reduce energy 16006
consumption. It includes:16007

       (1) Insulation of the building structure and systems within 16008
the building;16009

       (2) Storm windows and doors, multiglazed windows and doors, 16010
heat absorbing or heat reflective glazed and coated window and 16011
door systems, additional glazing, reductions in glass area, and 16012
other window and door system modifications that reduce energy 16013
consumption;16014

       (3) Automatic energy control systems;16015

       (4) Heating, ventilating, or air conditioning system 16016
modifications or replacements;16017

       (5) Caulking and weatherstripping;16018

       (6) Replacement or modification of lighting fixtures to 16019
increase the energy efficiency of the system without increasing 16020
the overall illumination of a facility, unless such increase in 16021
illumination is necessary to conform to the applicable state or 16022
local building code for the proposed lighting system;16023

       (7) Energy recovery systems;16024

       (8) Cogeneration systems that produce steam or forms of 16025
energy such as heat, as well as electricity, for use primarily 16026
within a building or complex of buildings;16027

       (9) Any other modification, installation, or remodeling 16028
approved by the Ohio school facilities commission as an energy 16029
conservation measure.16030

       (B) A board of education of a city, exempted village, local, 16031
or joint vocational school district may enter into an installment 16032
payment contract for the purchase and installation of energy 16033
conservation measures. The provisions of such installment payment 16034
contracts dealing with interest charges and financing terms shall 16035
not be subject to the competitive bidding requirements of section 16036
3313.46 of the Revised Code, and shall be on the following terms:16037

       (1) Not less than one-fifteenth of the costs thereof shall be 16038
paid within two years from the date of purchase.16039

       (2) The remaining balance of the costs thereof shall be paid 16040
within fifteen years from the date of purchase.16041

       The provisions of any installment payment contract entered 16042
into pursuant to this section shall provide that all payments, 16043
except payments for repairs and obligations on termination of the 16044
contract prior to its expiration, be stated as a percentage of16045
shall not exceed the calculated energy, water, or waste water cost 16046
savings, avoided operating costs, and avoided capital costs 16047
attributable to the one or more measures over a defined period of 16048
time. Those payments shall be made only to the extent that the 16049
savings described in this division actually occur. The contractor 16050
shall warrant and guarantee that the energy conservation measures 16051
shall realize guaranteed savings and shall be responsible to pay 16052
an amount equal to any savings shortfall.16053

       An installment payment contract entered into by a board of 16054
education under this section shall require the board to contract 16055
in accordance with division (A) of section 3313.46 of the Revised 16056
Code for the installation, modification, or remodeling of energy 16057
conservation measures unless division (A) of section 3313.46 of 16058
the Revised Code does not apply pursuant to division (B)(3) of 16059
that section, in which case the contract shall be awarded through 16060
a competitive selection process pursuant to rules adopted by the 16061
school facilities commission.16062

       An installment payment contract entered into by a board of 16063
education under this section may include services for measurement 16064
and verification of energy savings associated with the guarantee. 16065
The annual cost of measurement and verification services shall not 16066
exceed ten per cent of the guaranteed savings in any year of the 16067
installment payment contract.16068

       (C) The board may issue the notes of the school district 16069
signed by the president and the treasurer of the board and 16070
specifying the terms of the purchase and securing the deferred 16071
payments provided in this section, payable at the times provided 16072
and bearing interest at a rate not exceeding the rate determined 16073
as provided in section 9.95 of the Revised Code. The notes may 16074
contain an option for prepayment and shall not be subject to 16075
Chapter 133. of the Revised Code. In the resolution authorizing 16076
the notes, the board may provide, without the vote of the electors 16077
of the district, for annually levying and collecting taxes in 16078
amounts sufficient to pay the interest on and retire the notes, 16079
except that the total net indebtedness of the district without a 16080
vote of the electors incurred under this and all other sections of 16081
the Revised Code, except section 3318.052 of the Revised Code, 16082
shall not exceed one per cent of the district's tax valuation. 16083
Revenues derived from local taxes or otherwise, for the purpose of 16084
conserving energy or for defraying the current operating expenses 16085
of the district, may be applied to the payment of interest and the 16086
retirement of such notes. The notes may be sold at private sale or 16087
given to the contractor under the installment payment contract 16088
authorized by division (B) of this section.16089

       (D) Debt incurred under this section shall not be included in 16090
the calculation of the net indebtedness of a school district under 16091
section 133.06 of the Revised Code.16092

       (E) No school district board shall enter into an installment 16093
payment contract under division (B) of this section unless it 16094
first obtains a report of the costs of the energy conservation 16095
measures and the savings thereof as described under division (G) 16096
of section 133.06 of the Revised Code as a requirement for issuing 16097
energy securities, makes a finding that the amount spent on such 16098
measures is not likely to exceed the amount of money it would save 16099
in energy costs and resultant operational and maintenance costs as 16100
described in that division, except that that finding shall cover 16101
the ensuing fifteen years, and the Ohio school facilities 16102
commission determines that the district board's findings are 16103
reasonable and approves the contract as described in that 16104
division.16105

       The district board shall monitor the savings and maintain a 16106
report of those savings, which shall be submitted to the 16107
commission in the same manner as required by division (G) of 16108
section 133.06 of the Revised Code in the case of energy 16109
securities.16110

       Sec. 3313.6013. (A) As used in this section, "dual enrollment16111
advanced standing program" means a program that enables a student 16112
to earn credit toward a degree from an institution of higher 16113
education while enrolled in high school or that enables a student 16114
to complete coursework while enrolled in high school that may earn 16115
credit toward a degree from an institution of higher education 16116
upon the student's attainment of a specified score on an 16117
examination covering the coursework. Dual enrollmentAdvanced 16118
standing programs may include any of the following:16119

        (1) The post-secondary enrollment optionscollege credit plus16120
program established under Chapter 3365. of the Revised Code;16121

       (2) Advanced placement courses;16122

       (3) Any similar program established pursuant to an agreement 16123
between a school district or chartered nonpublic high school and 16124
an institution of higher educationInternational baccalaureate 16125
diploma courses;16126

       (4) Early college high schoolsschool programs.16127

        (B) Each city, local, exempted village, and joint vocational 16128
school district and each chartered nonpublic high school shall 16129
provide students enrolled in grades nine through twelve with the 16130
opportunity to participate in a dual enrollmentan advanced 16131
standing program. For this purpose, each school district and 16132
chartered nonpublic high school shall offer at least one dual 16133
enrollmentadvanced standing program in accordance with division 16134
(B)(1) or (2) of this section, as applicable.16135

        (1) A city, local, or exempted village school district meets 16136
the requirements of this division through its mandatory 16137
participation in the post-secondary enrollment optionscollege 16138
credit plus program established under Chapter 3365. of the Revised 16139
Code. However, a city, local, or exempted village school district 16140
may offer any other dual enrollmentadvanced standing program, in 16141
addition to the post-secondary enrollment optionscollege credit 16142
plus program, and each joint vocational school district shall 16143
offer at least one other dual enrollmentadvanced standing16144
program, to students in good standing, as defined by the 16145
partnership for continued learning under section 3301.42 of the 16146
Revised Code as it existed prior to October 16, 2009, or as 16147
subsequently defined by the department of education.16148

        (2) A chartered nonpublic high school that elects to 16149
participate in the post-secondary enrollment optionscollege 16150
credit plus program established under Chapter 3365. of the Revised 16151
Code meets the requirements of this division. Each chartered 16152
nonpublic high school that elects not to participate in the 16153
post-secondary enrollment optionscollege credit plus program 16154
instead shall offer at least one other dual enrollmentadvanced 16155
standing program to students in good standing, as defined by the 16156
partnership for continued learning under section 3301.42 of the 16157
Revised Code as it existed prior to October 16, 2009, or as 16158
subsequently defined by the department of education.16159

       (C) Each school district and each chartered nonpublic high 16160
school shall provide information about the dual enrollment16161
advanced standing programs offered by the district or school to 16162
all students enrolled in grades eight through eleven.16163

       (D) NoExcept for the college credit plus program as 16164
described in division (A)(1) of this section, no city, local, 16165
exempted village, and joint vocational school district shall 16166
charge an enrolled student an additional fee or tuition for 16167
participation in any dual enrollmentadvanced standing program 16168
offered by the district. Students may be required to pay the costs 16169
associated with taking an advanced placement or international 16170
baccalaureate examination.16171

       (E) Any agreement between a school district or school and an 16172
associated college, as defined in section 3365.10 of the Revised 16173
Code, governing the operation of an early college high school 16174
program shall be subject to the requirements of the college credit 16175
plus program, with the following exceptions:16176

       (1) Any aspect of the agreement that does not relate to the 16177
conferral of transcripted credit, as defined in section 3365.01 of 16178
the Revised Code, shall not be subject to the requirements of the 16179
college credit plus program.16180

       (2) If the early college high school program began operating 16181
prior to July 1, 2014, the agreement shall not be subject to the 16182
requirements of the college credit plus program until the later of 16183
the date on which the existing agreement expires or July 1, 2015.16184

       (3) If the district, school, or associated college obtains a 16185
waiver for the agreement under section 3365.10 of the Revised 16186
Code, the agreement shall not be subject to the requirements of 16187
the college credit plus program.16188

       (4) If the district, school, or associated college operating 16189
the early college high school program was granted an award under 16190
Section 263.325 of Am. Sub. H.B. 59 of the 130th general assembly 16191
for the 2014-2015 school year, as the lead applicant on the grant 16192
or as part of a consortium, for a project involving the 16193
establishment or expansion of an early college high school, the 16194
agreement shall not be subject to the requirements of the college 16195
credit plus program during the period of time for which the 16196
project is funded by the grant award under that section. 16197

       The college credit plus program shall not govern any advanced 16198
placement course or international baccalaureate diploma course as 16199
described under this section.16200

       (F) As used in this section, "early college high school 16201
program" means a program operated by a school district or school 16202
and an associated college, as defined in section 3365.10 of the 16203
Revised Code, that provides a personalized learning plan, which is 16204
based on accelerated curriculum and includes both high school and 16205
college-level coursework, and enables the following students to 16206
earn a high school diploma and an associate degree, or the 16207
equivalent number of transcripted credits, upon successful 16208
completion of the program:16209

       (1) Students who are underrepresented in regard to completing 16210
post-secondary education;16211

       (2) Students who are economically disadvantaged, as defined 16212
by the department of education;16213

       (3) Students whose parents did not earn a college degree.16214

       Sec. 3313.603.  (A) As used in this section:16215

       (1) "One unit" means a minimum of one hundred twenty hours of 16216
course instruction, except that for a laboratory course, "one 16217
unit" means a minimum of one hundred fifty hours of course 16218
instruction.16219

       (2) "One-half unit" means a minimum of sixty hours of course 16220
instruction, except that for physical education courses, "one-half 16221
unit" means a minimum of one hundred twenty hours of course 16222
instruction.16223

       (B) Beginning September 15, 2001, except as required in 16224
division (C) of this section and division (C) of section 3313.614 16225
of the Revised Code, the requirements for graduation from every 16226
high school shall include twenty units earned in grades nine 16227
through twelve and shall be distributed as follows:16228

       (1) English language arts, four units;16229

       (2) Health, one-half unit;16230

       (3) Mathematics, three units;16231

       (4) Physical education, one-half unit;16232

       (5) Science, two units until September 15, 2003, and three 16233
units thereafter, which at all times shall include both of the 16234
following:16235

       (a) Biological sciences, one unit;16236

       (b) Physical sciences, one unit.16237

       (6) History and government, one unit, which shall comply with 16238
division (M) of this section and shall include both of the 16239
following:16240

       (a) American history, one-half unit;16241

       (b) American government, one-half unit.16242

       (7) Social studies, two units.16243

       (8) Elective units, seven units until September 15, 2003, and 16244
six units thereafter.16245

       Each student's electives shall include at least one unit, or 16246
two half units, chosen from among the areas of 16247
business/technology, fine arts, and/or foreign language.16248

       (C) Beginning with students who enter ninth grade for the 16249
first time on or after July 1, 2010, except as provided in 16250
divisions (D) to (F) of this section, the requirements for 16251
graduation from every public and chartered nonpublic high school 16252
shall include twenty units that are designed to prepare students 16253
for the workforce and college. The units shall be distributed as 16254
follows:16255

       (1) English language arts, four units;16256

       (2) Health, one-half unit, which shall include instruction in 16257
nutrition and the benefits of nutritious foods and physical 16258
activity for overall health;16259

       (3) Mathematics, four units, which shall include one unit of 16260
algebra II or the equivalent of algebra II;16261

       (4) Physical education, one-half unit;16262

       (5) Science, three units with inquiry-based laboratory 16263
experience that engages students in asking valid scientific 16264
questions and gathering and analyzing information, which shall 16265
include the following, or their equivalent:16266

       (a) Physical sciences, one unit;16267

       (b) Life sciences, one unit;16268

       (c) Advanced study in one or more of the following sciences, 16269
one unit:16270

       (i) Chemistry, physics, or other physical science;16271

       (ii) Advanced biology or other life science;16272

       (iii) Astronomy, physical geology, or other earth or space 16273
science.16274

       (6) History and government, one unit, which shall comply with 16275
division (M) of this section and shall include both of the 16276
following:16277

       (a) American history, one-half unit;16278

       (b) American government, one-half unit.16279

       (7) Social studies, two units.16280

       Each school shall integrate the study of economics and 16281
financial literacy, as expressed in the social studies academic 16282
content standards adopted by the state board of education under 16283
division (A)(1) of section 3301.079 of the Revised Code and the 16284
academic content standards for financial literacy and 16285
entrepreneurship adopted under division (A)(2) of that section, 16286
into one or more existing social studies credits required under 16287
division (C)(7) of this section, or into the content of another 16288
class, so that every high school student receives instruction in 16289
those concepts. In developing the curriculum required by this 16290
paragraph, schools shall use available public-private partnerships 16291
and resources and materials that exist in business, industry, and 16292
through the centers for economics education at institutions of 16293
higher education in the state.16294

       (8) Five units consisting of one or any combination of 16295
foreign language, fine arts, business, career-technical education, 16296
family and consumer sciences, technology, agricultural education, 16297
a junior reserve officer training corps (JROTC) program approved 16298
by the congress of the United States under title 10 of the United 16299
States Code, or English language arts, mathematics, science, or 16300
social studies courses not otherwise required under division (C) 16301
of this section.16302

       Ohioans must be prepared to apply increased knowledge and 16303
skills in the workplace and to adapt their knowledge and skills 16304
quickly to meet the rapidly changing conditions of the 16305
twenty-first century. National studies indicate that all high 16306
school graduates need the same academic foundation, regardless of 16307
the opportunities they pursue after graduation. The goal of Ohio's 16308
system of elementary and secondary education is to prepare all 16309
students for and seamlessly connect all students to success in 16310
life beyond high school graduation, regardless of whether the next 16311
step is entering the workforce, beginning an apprenticeship, 16312
engaging in post-secondary training, serving in the military, or 16313
pursuing a college degree.16314

        The Ohio core curriculum is the standard expectation for all 16315
students entering ninth grade for the first time at a public or 16316
chartered nonpublic high school on or after July 1, 2010. A 16317
student may satisfy this expectation through a variety of methods, 16318
including, but not limited to, integrated, applied, 16319
career-technical, and traditional coursework.16320

       Whereas teacher quality is essential for student success in 16321
completing the Ohio core curriculum, the general assembly shall 16322
appropriate funds for strategic initiatives designed to strengthen 16323
schools' capacities to hire and retain highly qualified teachers 16324
in the subject areas required by the curriculum. Such initiatives 16325
are expected to require an investment of $120,000,000 over five 16326
years.16327

       Stronger coordination between high schools and institutions 16328
of higher education is necessary to prepare students for more 16329
challenging academic endeavors and to lessen the need for academic 16330
remediation in college, thereby reducing the costs of higher 16331
education for Ohio's students, families, and the state. The state 16332
board and the chancellor of the Ohio board of regents shall 16333
develop policies to ensure that only in rare instances will 16334
students who complete the Ohio core curriculum require academic 16335
remediation after high school.16336

       School districts, community schools, and chartered nonpublic 16337
schools shall integrate technology into learning experiences 16338
across the curriculum in order to maximize efficiency, enhance 16339
learning, and prepare students for success in the 16340
technology-driven twenty-first century. Districts and schools 16341
shall use distance and web-based course delivery as a method of 16342
providing or augmenting all instruction required under this 16343
division, including laboratory experience in science. Districts 16344
and schools shall utilize technology access and electronic 16345
learning opportunities provided by the broadcast educational media 16346
commission, chancellor, the Ohio learning network, education 16347
technology centers, public television stations, and other public 16348
and private providers.16349

       (D) Except as provided in division (E) of this section, a 16350
student who enters ninth grade on or after July 1, 2010, and 16351
before July 1, 20142016, may qualify for graduation from a public 16352
or chartered nonpublic high school even though the student has not 16353
completed the Ohio core curriculum prescribed in division (C) of 16354
this section if all of the following conditions are satisfied:16355

       (1) After the student has attended high school for two years, 16356
as determined by the school, the student and the student's parent, 16357
guardian, or custodian sign and file with the school a written 16358
statement asserting the parent's, guardian's, or custodian's 16359
consent to the student's graduating without completing the Ohio 16360
core curriculum and acknowledging that one consequence of not 16361
completing the Ohio core curriculum is ineligibility to enroll in 16362
most state universities in Ohio without further coursework.16363

       (2) The student and parent, guardian, or custodian fulfill 16364
any procedural requirements the school stipulates to ensure the 16365
student's and parent's, guardian's, or custodian's informed 16366
consent and to facilitate orderly filing of statements under 16367
division (D)(1) of this section.16368

       (3) The student and the student's parent, guardian, or 16369
custodian and a representative of the student's high school 16370
jointly develop an individual careera student success plan for 16371
the student under division (C)(1) of section 3313.6015 of the 16372
Revised Code that specifies the student matriculating to a 16373
two-year degree program, acquiring a business and industry 16374
credential, or entering an apprenticeship.16375

       (4) The student's high school provides counseling and support 16376
for the student related to the plan developed under division 16377
(D)(3) of this section during the remainder of the student's high 16378
school experience.16379

       (5) The student successfully completes, at a minimum, the 16380
curriculum prescribed in division (B) of this section.16381

       The department of education, in collaboration with the 16382
chancellor, shall analyze student performance data to determine if 16383
there are mitigating factors that warrant extending the exception 16384
permitted by division (D) of this section to high school classes 16385
beyond those entering ninth grade before July 1, 20142016. The 16386
department shall submit its findings and any recommendations not 16387
later than August 1, 20142016, to the speaker and minority leader 16388
of the house of representatives, the president and minority leader 16389
of the senate, the chairpersons and ranking minority members of 16390
the standing committees of the house of representatives and the 16391
senate that consider education legislation, the state board of 16392
education, and the superintendent of public instruction.16393

       (E) Each school district and chartered nonpublic school 16394
retains the authority to require an even more rigorous minimum 16395
curriculum for high school graduation than specified in division 16396
(B) or (C) of this section. A school district board of education, 16397
through the adoption of a resolution, or the governing authority 16398
of a chartered nonpublic school may stipulate any of the 16399
following:16400

        (1) A minimum high school curriculum that requires more than 16401
twenty units of academic credit to graduate;16402

        (2) An exception to the district's or school's minimum high 16403
school curriculum that is comparable to the exception provided in 16404
division (D) of this section but with additional requirements, 16405
which may include a requirement that the student successfully 16406
complete more than the minimum curriculum prescribed in division 16407
(B) of this section;16408

        (3) That no exception comparable to that provided in division 16409
(D) of this section is available.16410

       (F) A student enrolled in a dropout prevention and recovery 16411
program, which program has received a waiver from the department, 16412
may qualify for graduation from high school by successfully 16413
completing a competency-based instructional program administered 16414
by the dropout prevention and recovery program in lieu of 16415
completing the Ohio core curriculum prescribed in division (C) of 16416
this section. The department shall grant a waiver to a dropout 16417
prevention and recovery program, within sixty days after the 16418
program applies for the waiver, if the program meets all of the 16419
following conditions:16420

       (1) The program serves only students not younger than sixteen 16421
years of age and not older than twenty-one years of age.16422

       (2) The program enrolls students who, at the time of their 16423
initial enrollment, either, or both, are at least one grade level 16424
behind their cohort age groups or experience crises that 16425
significantly interfere with their academic progress such that 16426
they are prevented from continuing their traditional programs.16427

       (3) The program requires students to attain at least the 16428
applicable score designated for each of the assessments prescribed 16429
under division (B)(1) of section 3301.0710 of the Revised Code or, 16430
to the extent prescribed by rule of the state board under division 16431
(D)(6) of section 3301.0712 of the Revised Code, division (B)(2) 16432
of that section.16433

       (4) The program develops an individual careera student 16434
success plan for the student under division (C)(1) of section 16435
3313.6015 of the Revised Code that specifies the student's 16436
matriculating to a two-year degree program, acquiring a business 16437
and industry credential, or entering an apprenticeship.16438

       (5) The program provides counseling and support for the 16439
student related to the plan developed under division (F)(4) of 16440
this section during the remainder of the student's high school 16441
experience.16442

       (6) The program requires the student and the student's 16443
parent, guardian, or custodian to sign and file, in accordance 16444
with procedural requirements stipulated by the program, a written 16445
statement asserting the parent's, guardian's, or custodian's 16446
consent to the student's graduating without completing the Ohio 16447
core curriculum and acknowledging that one consequence of not 16448
completing the Ohio core curriculum is ineligibility to enroll in 16449
most state universities in Ohio without further coursework.16450

       (7) Prior to receiving the waiver, the program has submitted 16451
to the department an instructional plan that demonstrates how the 16452
academic content standards adopted by the state board under 16453
section 3301.079 of the Revised Code will be taught and assessed.16454

       (8) Prior to receiving the waiver, the program has submitted 16455
to the department a policy on career advising that satisfies the 16456
requirements of section 3313.6015 of the Revised Code, with an 16457
emphasis on how every student will receive career advising.16458

       (9) Prior to receiving the waiver, the program has submitted 16459
to the department a written agreement outlining the future 16460
cooperation between the program and any combination of local job 16461
training, postsecondary education, nonprofit, and health and 16462
social service organizations to provide services for students in 16463
the program and their families.16464

       Divisions (F)(8) and (9) of this section apply only to 16465
waivers granted on or after the effective date of this amendment.16466

       If the department does not act either to grant the waiver or 16467
to reject the program application for the waiver within sixty days 16468
as required under this section, the waiver shall be considered to 16469
be granted.16470

       (G) Every high school may permit students below the ninth 16471
grade to take advanced work. If a high school so permits, it shall 16472
award high school credit for successful completion of the advanced 16473
work and shall count such advanced work toward the graduation 16474
requirements of division (B) or (C) of this section if the 16475
advanced work was both:16476

       (1) Taught by a person who possesses a license or certificate 16477
issued under section 3301.071, 3319.22, or 3319.222 of the Revised 16478
Code that is valid for teaching high school;16479

       (2) Designated by the board of education of the city, local, 16480
or exempted village school district, the board of the cooperative 16481
education school district, or the governing authority of the 16482
chartered nonpublic school as meeting the high school curriculum 16483
requirements.16484

        Each high school shall record on the student's high school 16485
transcript all high school credit awarded under division (G) of 16486
this section. In addition, if the student completed a seventh- or 16487
eighth-grade fine arts course described in division (K) of this 16488
section and the course qualified for high school credit under that 16489
division, the high school shall record that course on the 16490
student's high school transcript.16491

       (H) The department shall make its individual academic career 16492
plan available through its Ohio career information system web site 16493
for districts and schools to use as a tool for communicating with 16494
and providing guidance to students and families in selecting high 16495
school courses.16496

        (I) Units earned in English language arts, mathematics, 16497
science, and social studies that are delivered through integrated 16498
academic and career-technical instruction are eligible to meet the 16499
graduation requirements of division (B) or (C) of this section.16500

       (J) The state board, in consultation with the chancellor, 16501
shall adopt a statewide plan implementing methods for students to 16502
earn units of high school credit based on a demonstration of 16503
subject area competency, instead of or in combination with 16504
completing hours of classroom instruction. The state board shall 16505
adopt the plan not later than March 31, 2009, and commence phasing 16506
in the plan during the 2009-2010 school year. The plan shall 16507
include a standard method for recording demonstrated proficiency 16508
on high school transcripts. Each school district and community 16509
school shall comply with the state board's plan adopted under this 16510
division and award units of high school credit in accordance with 16511
the plan. The state board may adopt existing methods for earning 16512
high school credit based on a demonstration of subject area 16513
competency as necessary prior to the 2009-2010 school year.16514

       (K) This division does not apply to students who qualify for 16515
graduation from high school under division (D) or (F) of this 16516
section, or to students pursuing a career-technical instructional 16517
track as determined by the school district board of education or 16518
the chartered nonpublic school's governing authority. 16519
Nevertheless, the general assembly encourages such students to 16520
consider enrolling in a fine arts course as an elective.16521

       Beginning with students who enter ninth grade for the first 16522
time on or after July 1, 2010, each student enrolled in a public 16523
or chartered nonpublic high school shall complete two semesters or 16524
the equivalent of fine arts to graduate from high school. The 16525
coursework may be completed in any of grades seven to twelve. Each 16526
student who completes a fine arts course in grade seven or eight 16527
may elect to count that course toward the five units of electives 16528
required for graduation under division (C)(8) of this section, if 16529
the course satisfied the requirements of division (G) of this 16530
section. In that case, the high school shall award the student 16531
high school credit for the course and count the course toward the 16532
five units required under division (C)(8) of this section. If the 16533
course in grade seven or eight did not satisfy the requirements of 16534
division (G) of this section, the high school shall not award the 16535
student high school credit for the course but shall count the 16536
course toward the two semesters or the equivalent of fine arts 16537
required by this division.16538

       (L) Notwithstanding anything to the contrary in this section, 16539
the board of education of each school district and the governing 16540
authority of each chartered nonpublic school may adopt a policy to 16541
excuse from the high school physical education requirement each 16542
student who, during high school, has participated in 16543
interscholastic athletics, marching band, or cheerleading for at 16544
least two full seasons or in the junior reserve officer training 16545
corps for at least two full school years. If the board or 16546
authority adopts such a policy, the board or authority shall not 16547
require the student to complete any physical education course as a 16548
condition to graduate. However, the student shall be required to 16549
complete one-half unit, consisting of at least sixty hours of 16550
instruction, in another course of study. In the case of a student 16551
who has participated in the junior reserve officer training corps 16552
for at least two full school years, credit received for that 16553
participation may be used to satisfy the requirement to complete 16554
one-half unit in another course of study.16555

       (M) It is important that high school students learn and 16556
understand United States history and the governments of both the 16557
United States and the state of Ohio. Therefore, beginning with 16558
students who enter ninth grade for the first time on or after July 16559
1, 2012, the study of American history and American government 16560
required by divisions (B)(6) and (C)(6) of this section shall 16561
include the study of all of the following documents:16562

        (1) The Declaration of Independence;16563

        (2) The Northwest Ordinance;16564

        (3) The Constitution of the United States with emphasis on 16565
the Bill of Rights;16566

        (4) The Ohio Constitution.16567

        The study of each of the documents prescribed in divisions 16568
(M)(1) to (4) of this section shall include study of that document 16569
in its original context.16570

        The study of American history and government required by 16571
divisions (B)(6) and (C)(6) of this section shall include the 16572
historical evidence of the role of documents such as the 16573
Federalist Papers and the Anti-Federalist Papers to firmly 16574
establish the historical background leading to the establishment 16575
of the provisions of the Constitution and Bill of Rights.16576

       Sec. 3313.6015.  (A)(1) Beginning in the 2014-2015 school 16577
year, the board of education of each city, local, exempted 16578
village, and joint vocational school district shall adopt a policy 16579
on career advising that complies with this section. Thereafter, 16580
the policy shall be updated at least once every two years.16581

       (2) The board shall make the policy publicly available to 16582
students, parents, guardians, or custodians, local post-secondary 16583
institutions, and residents of the district. The district shall 16584
post the policy in a prominent location on its web site, if it has 16585
one.16586

       (B) The policy on career advising shall specify how the 16587
district will do all of the following:16588

       (1) Provide students with grade-level examples that link 16589
their schoolwork to one or more career fields. A district may use 16590
career connections developed under division (B)(2) of section 16591
3301.079 of the Revised Code for this purpose.16592

       (2) Create a plan to provide career advising to students in 16593
grades six through twelve;16594

       (3) Provide additional interventions and career advising for 16595
students who are identified as at risk of dropping out of school 16596
in accordance with division (C) of this section;16597

       (4) Train its employees on how to advise students on career 16598
pathways, including training on advising students using online 16599
tools;16600

       (5) Develop multiple, clear academic pathways through high 16601
school that students may choose in order to earn a high school 16602
diploma;16603

       (6) Identify and publicize courses that can award students 16604
both traditional academic and career-technical credit;16605

       (7) Document the career advising provided to each student for 16606
review by the student, the student's parent, guardian, or 16607
custodian, and future schools that the student may attend. A 16608
district shall not otherwise release this information without the 16609
written consent of the student's parent, guardian, or custodian, 16610
if the student is less than eighteen years old, or the written 16611
consent of the student, if the student is at least eighteen years 16612
old.16613

       (8) Prepare students for their transition from high school to 16614
their post-secondary destinations, including any special 16615
interventions that are necessary for students in need of 16616
remediation in mathematics or English language arts.16617

       (C)(1) Each district shall identify students who are at risk 16618
of dropping out of school using a method that is both 16619
research-based and locally-based. If a student is identified as at 16620
risk of dropping out of school, the district shall develop a 16621
student success plan that addresses the student's academic pathway 16622
to a successful graduation and the role of career-technical 16623
education, competency-based education, and experiential learning, 16624
as appropriate, in that pathway.16625

       (2) Prior to developing a student success plan for a student, 16626
the district shall invite the student's parent, guardian, or 16627
custodian to assist in developing the plan. If the student's 16628
parent, guardian, or custodian does not participate in the 16629
development of the plan, the district shall provide to the parent, 16630
guardian, or custodian a copy of the student's success plan and a 16631
statement of the importance of a high school diploma and the 16632
academic pathways available to the student in order to 16633
successfully graduate.16634

       (3) Following the development of a student success plan for a 16635
student, the district shall provide career advising to the student 16636
that is aligned with the plan and the district's plan to provide 16637
career advising created under division (B)(2) of this section.16638

       (D) Not later than September 30, 2014, the department of 16639
education shall develop and post on its web site model policies on 16640
career advising and model student success plans.16641

       Sec. 3313.6016.  (A) Beginning in the 2011-2012 school year, 16642
the department of education shall administer a pilot program 16643
requiring daily physical activity for students. Any school 16644
district; community school established under Chapter 3314. of the 16645
Revised Code; science, technology, engineering, and mathematics 16646
school established under Chapter 3326. of the Revised Code; or 16647
chartered nonpublic school annually may elect to participate in 16648
the pilot program by notifying the department of its interest by a 16649
date established by the department. If a school district elects to 16650
participate in the pilot program, the district shall select one or 16651
more school buildings to participate in the program. To the 16652
maximum extent possible, the department shall seek to include in 16653
the pilot program districts and schools that are located in urban, 16654
suburban, and rural areas distributed geographically throughout 16655
the state. The department shall administer the pilot program in 16656
accordance with this section.16657

       (B) Except as provided in division (C) of this section, each 16658
district or school participating in the pilot program shall 16659
require all students in the school building selected under 16660
division (A) of this section to engage in at least thirty minutes 16661
of moderate to rigorous physical activity each school day or at 16662
least one hundred fifty minutes of moderate to rigorous physical 16663
activity each week, exclusive of recess. Physical activity engaged 16664
in during the following may count toward the daily requirement:16665

       (1) A physical education course;16666

       (2) A program or activity occurring before or after the 16667
regular school day, as defined in section 3313.814 of the Revised 16668
Code, that is sponsored or approved by the school of attendance, 16669
provided school officials are able to monitor students' 16670
participation to ensure compliance with the requirement.16671

       (C) None of the following shall be subject to the requirement 16672
of division (B) of this section:16673

       (1) Any student enrolled in the post-secondary enrollment 16674
optionscollege credit plus program established under Chapter 16675
3365. of the Revised Code;16676

       (2) Any student enrolled in a career-technical education 16677
program operated by the district or school;16678

       (3) Any student enrolled in a dropout prevention and recovery 16679
program operated by the district or school.16680

       (D) For any period in which a student is participating in 16681
interscholastic athletics, marching band, cheerleading, or a 16682
junior reserve officer training corps program, the district or 16683
school may excuse the student from the requirement of division (B) 16684
of this section.16685

       (E) The district or school may excuse any kindergarten 16686
student who is not enrolled in all-day kindergarten, as defined in 16687
section 3321.05 of the Revised Code, from the requirement of 16688
division (B) of this section.16689

       (F) Each district or school annually shall report to the 16690
department, in the manner prescribed by the department, how the 16691
district or school implemented the thirty minutes of daily 16692
physical activity and the financial costs of implementation. The 16693
department shall issue an annual report of the data collected 16694
under this division.16695

       Sec. 3313.90.  As used in this section, "formula ADM" has the 16696
same meaning as in section 3317.02 of the Revised Code. 16697
Notwithstanding division (D) of section 3311.19 and division (D) 16698
of section 3311.52 of the Revised Code, the provisions of this 16699
section that apply to a city school district do not apply to any 16700
joint vocational or cooperative education school district.16701

       (A) EachExcept as provided in division (B) of this section, 16702
each city, local, and exempted village school district shall, by 16703
one of the following means, provide vocationalto students 16704
enrolled in grades seven through twelve career-technical education 16705
adequate to prepare a pupilstudent enrolled therein for an 16706
occupation:16707

       (1) Establishing and maintaining a vocational16708
career-technical education program that meets standards adopted by 16709
the state board of education;16710

       (2) Being a member of a joint vocational school district that 16711
meets standards adopted by the state board;16712

       (3) Contracting for vocationalcareer-technical education 16713
with a joint vocational school district or another school district 16714
that meets the standards adopted by the state board.16715

       The standards of the state board of education shall include 16716
criteria for the participation by nonpublic students in vocational16717
career-technical education programs without financial assessment, 16718
charge, or tuition to such student except such assessments, 16719
charges, or tuition paid by resident public school students in 16720
such programs. Such nonpublic school students shall be included in 16721
the formula ADM of the school district maintaining the vocational16722
career-technical education program as part-time students in 16723
proportion to the time spent in the vocationalcareer-technical16724
education program.16725

       By the thirtieth day of October of each year, the 16726
superintendent of public instruction shall determine and certify 16727
to the superintendent of each school district subject to this 16728
section either that the district is in compliance with the 16729
requirements of this section for the current school year or that 16730
the district is not in compliance. If the superintendent certifies 16731
that the district is not in compliance, he shall notify the board 16732
of education of the district of the actions necessary to bring the 16733
district into compliance with this section.16734

       In meeting standards established by the state board of 16735
education, school districts, where practicable, shall provide16736
vocationalcareer-technical education programs in high schools. A 16737
minimum enrollment of fifteen hundred pupilsstudents in grades 16738
nine through twelve is established as a base for comprehensive 16739
vocationalcareer-technical education course offerings. Beginning 16740
with the 2014-2015 school year, this base shall increase to a 16741
minimum enrollment of two thousand two hundred fifty students in 16742
grades seven through twelve. A school district may meet this 16743
requirement alone, through a cooperative arrangement pursuant to 16744
section 3313.92 of the Revised Code, through school district 16745
consolidation, by membership in a joint vocational school 16746
district, by contract with a school district, by contract with a 16747
school licensed by any state agency established by the Revised 16748
Code which school operates its courses offered for contracting 16749
with public schools under standards as to staffing and facilities 16750
comparable to those prescribed by the state board of education for 16751
public schools provided no instructor in such courses shall be 16752
required to be certificated by the state department of education, 16753
or in a combination of such ways. Exceptions to the minimum 16754
requirement of fifteen hundred pupilsenrollment prescribed by 16755
this section may be made by the state board of education based on 16756
sparsity of population or other factors indicating that 16757
comprehensive educational and vocationalcareer-technical 16758
education programs as required by this section can be provided 16759
through an alternate plan.16760

       (B) Approval of state funds for the construction and 16761
operation of vocational facilities in any city, local, or exempted 16762
village school district shall be contingent upon a comprehensive 16763
vocational program plan approved by the state board of education 16764
no later than July 1, 1970. The state board of education shall not 16765
approve a school district plan unless the plan proposed reasonably 16766
meets the vocational needs of other school districts in the 16767
general area of the school districts in the general area of the 16768
school district submitting the plan. The plan shall be submitted 16769
to the state board of education no later than April 1, 1970. Such 16770
plan shall contain:16771

       (1) The organization for vocational education pursuant to the 16772
requirements of this section;16773

       (2) Vocational programs to be offered in the respective 16774
comprehensive high schools, in specialized schools or skill 16775
centers, and in joint vocational schools;16776

       (3) Remodeled, additional, and new vocational facilities 16777
required at the respective locations.16778

       In approving the organization for vocational education the 16779
state board of education shall provide that no city, local, or 16780
exempted village school district is excluded in the statewide plan16781
For any particular school year, the board of education of a city, 16782
local, or exempted village school district may obtain from the 16783
department a waiver from the requirement to provide 16784
career-technical education to students enrolled in grades seven 16785
and eight by doing both of the following:16786

       (1) Adopting, at a regularly scheduled board meeting, a 16787
resolution to request the waiver;16788

       (2) Submitting a copy of the resolution to the department by 16789
the thirtieth day of September of the school year for which 16790
career-technical education will not be provided to students 16791
enrolled in grades seven and eight.16792

       (C)(1) The lead district of a career-technical planning 16793
district offering a pre-apprenticeship program may enter into an 16794
agreement with a private entity to provide students with the 16795
opportunity to begin an apprenticeship program prior to graduating 16796
from high school.16797

       (2) Students enrolled in an apprenticeship program pursuant 16798
to a lead district's agreement with a private entity under 16799
division (C)(1) of this section shall be included in the 16800
enrollment of the student's resident district as reported under 16801
section 3317.03 of the Revised Code and, where appropriate, in the 16802
student count reported under section 3317.03 of the Revised Code 16803
for the appropriate career-technical education categories for the 16804
portion of the day they attend the apprenticeship program.16805

       Sec. 3313.902.  (A) As used in this section:16806

       (1) "Approved industry credential or certificate" means a 16807
credential or certificate that is approved by the chancellor of 16808
the Ohio board of regents.16809

       (2) "Eligible institution" means any of the following:16810

       (a) A community college established under Chapter 3354. of 16811
the Revised Code;16812

       (b) A technical college established under Chapter 3357. of 16813
the Revised Code;16814

       (c) A state community college established under Chapter 3358. 16815
of the Revised Code;16816

       (d) An Ohio technical center recognized by the chancellor 16817
that provides post-secondary workforce education.16818

       (3) "Eligible student" means an individual who is at least 16819
twenty-two years of age and has not received a high school diploma 16820
or a certificate of high school equivalence, as defined in section 16821
4109.06 of the Revised Code.16822

       (B) The adult career opportunity pilot program is hereby 16823
established to permit an eligible institution to obtain approval 16824
from the state board of education and the chancellor to develop 16825
and offer a program of study that allows an eligible student to 16826
obtain a high school diploma. A program shall be eligible for this 16827
approval if it satisfies all of the following requirements:16828

       (1) The program allows an eligible student to complete the 16829
requirements for obtaining a high school diploma while completing 16830
requirements for an approved industry credential or certificate.16831

       (2) The program includes career advising and outreach.16832

       (3) The program includes opportunities for students to 16833
receive a competency-based education.16834

       (C) The superintendent of public instruction, in consultation 16835
with the chancellor, shall adopt rules for the implementation of 16836
the adult career opportunity pilot program, including the 16837
requirements for applying for program approval.16838

       Sec. 3313.91.  Notwithstanding division (D) of section 16839
3311.19 and division (D) of section 3311.52 of the Revised Code, 16840
the provisions of this section and section 3313.911 of the Revised 16841
Code that apply to a city school district do not apply to any 16842
joint vocational or cooperative education school district unless 16843
otherwise specified.16844

       The board of education of any city, local, exempted village, 16845
or joint vocational school district may contract with any public 16846
agency, board, or bureau, or with any private individual or firm 16847
for the purchase of any vocationalcareer-technical education or 16848
vocational rehabilitation service for any resident of the district 16849
under the age of twenty-one years and may pay for such services 16850
with public funds. AnyExcept as provided in division (C) of 16851
section 3313.90 of the Revised Code, any such vocational16852
career-technical education or vocational rehabilitation service 16853
shall meet the same requirements, including those for teachers, 16854
facilities, and equipment, as those required of the public schools 16855
and be approved by the state department of education.16856

        The state board of education may assign city, local, or 16857
exempted village school districts to joint vocational districts 16858
and pursuant to state board rules, shall require such districts to 16859
enter into contractual agreements pursuant to section 3313.90 of 16860
the Revised Code so that special education students as well as 16861
others may receive suitable vocational services. Such rules shall 16862
prescribe a formula under which the district that contracts to 16863
receive the services agrees to pay an annual fee to the district 16864
providing the vocationalcareer-technical education program. The 16865
amount of the fee shall be computed in accordance with a formula 16866
prescribed by state board rule, but the rule shall permit the 16867
superintendent of public instruction to prescribe a lower fee than 16868
the amount required to be paid by the formula in cases where he16869
the superintendent determines either that the approved vocational16870
career-technical course offerings of the district that is to pay 16871
the fee are of sufficient breadth to warrant a lower annual fee, 16872
or that the situation warrants a lower annual fee.16873

       Sec. 3314.08.  (A) As used in this section:16874

       (1)(a) "Category one career-technical education student" 16875
means a student who is receiving the career-technical education 16876
services described in division (A) of section 3317.014 of the 16877
Revised Code.16878

       (b) "Category two career-technical student" means a student 16879
who is receiving the career-technical education services described 16880
in division (B) of section 3317.014 of the Revised Code.16881

       (c) "Category three career-technical student" means a student 16882
who is receiving the career-technical education services described 16883
in division (C) of section 3317.014 of the Revised Code.16884

       (d) "Category four career-technical student" means a student 16885
who is receiving the career-technical education services described 16886
in division (D) of section 3317.014 of the Revised Code.16887

       (e) "Category five career-technical education student" means 16888
a student who is receiving the career-technical education services 16889
described in division (E) of section 3317.014 of the Revised Code.16890

       (2)(a) "Category one limited English proficient student" 16891
means a limited English proficient student described in division 16892
(A) of section 3317.016 of the Revised Code.16893

       (b) "Category two limited English proficient student" means a 16894
limited English proficient student described in division (B) of 16895
section 3317.016 of the Revised Code.16896

       (c) "Category three limited English proficient student" means 16897
a limited English proficient student described in division (C) of 16898
section 3317.016 of the Revised Code.16899

       (3)(a) "Category one special education student" means a 16900
student who is receiving special education services for a 16901
disability specified in division (A) of section 3317.013 of the 16902
Revised Code.16903

       (b) "Category two special education student" means a student 16904
who is receiving special education services for a disability 16905
specified in division (B) of section 3317.013 of the Revised Code.16906

       (c) "Category three special education student" means a 16907
student who is receiving special education services for a 16908
disability specified in division (C) of section 3317.013 of the 16909
Revised Code.16910

       (d) "Category four special education student" means a student 16911
who is receiving special education services for a disability 16912
specified in division (D) of section 3317.013 of the Revised Code.16913

       (e) "Category five special education student" means a student 16914
who is receiving special education services for a disability 16915
specified in division (E) of section 3317.013 of the Revised Code.16916

       (f) "Category six special education student" means a student 16917
who is receiving special education services for a disability 16918
specified in division (F) of section 3317.013 of the Revised Code.16919

       (4) "Formula amount" has the same meaning as in section 16920
3317.02 of the Revised Code.16921

       (5) "IEP" has the same meaning as in section 3323.01 of the 16922
Revised Code.16923

       (6) "Resident district" means the school district in which a 16924
student is entitled to attend school under section 3313.64 or 16925
3313.65 of the Revised Code.16926

       (7) "State education aid" has the same meaning as in section 16927
5751.20 of the Revised Code.16928

       (B) The state board of education shall adopt rules requiring 16929
both of the following:16930

       (1) The board of education of each city, exempted village, 16931
and local school district to annually report the number of 16932
students entitled to attend school in the district who are 16933
enrolled in each grade kindergarten through twelve in a community 16934
school established under this chapter, and for each child, the 16935
community school in which the child is enrolled.16936

       (2) The governing authority of each community school 16937
established under this chapter to annually report all of the 16938
following:16939

       (a) The number of students enrolled in grades one through 16940
twelve and the full-time equivalent number of students enrolled in 16941
kindergarten in the school who are not receiving special education 16942
and related services pursuant to an IEP;16943

       (b) The number of enrolled students in grades one through 16944
twelve and the full-time equivalent number of enrolled students in 16945
kindergarten, who are receiving special education and related 16946
services pursuant to an IEP;16947

       (c) The number of students reported under division (B)(2)(b) 16948
of this section receiving special education and related services 16949
pursuant to an IEP for a disability described in each of divisions 16950
(A) to (F) of section 3317.013 of the Revised Code;16951

       (d) The full-time equivalent number of students reported 16952
under divisions (B)(2)(a) and (b) of this section who are enrolled 16953
in career-technical education programs or classes described in 16954
each of divisions (A) to (E) of section 3317.014 of the Revised 16955
Code that are provided by the community school;16956

       (e) Twenty per cent of theThe number of students reported 16957
under divisions (B)(2)(a) and (b) of this section who are not 16958
reported under division (B)(2)(d) of this section but who are 16959
enrolled in career-technical education programs or classes 16960
described in each of divisions (A) to (E) of section 3317.014 of 16961
the Revised Code at a joint vocational school district or another 16962
district in the career-technical planning district to which the 16963
school is assigned;16964

       (f) The number of students reported under divisions (B)(2)(a) 16965
and (b) of this section who are category one to three limited 16966
English proficient students described in each of divisions (A) to 16967
(C) of section 3317.016 of the Revised Code;16968

       (g) The number of students reported under divisions (B)(2)(a) 16969
and (b) who are economically disadvantaged, as defined by the 16970
department. A student shall not be categorically excluded from the 16971
number reported under division (B)(2)(g) of this section based on 16972
anything other than family income.16973

       (h) For each student, the city, exempted village, or local 16974
school district in which the student is entitled to attend school 16975
under section 3313.64 or 3313.65 of the Revised Code.16976

       A school district board and a community school governing 16977
authority shall include in their respective reports under division 16978
(B) of this section any child admitted in accordance with division 16979
(A)(2) of section 3321.01 of the Revised Code.16980

        A governing authority of a community school shall not include 16981
in its report under division (B)(2) of this section any student 16982
for whom tuition is charged under division (F) of this section.16983

       (C)(1) Except as provided in division (C)(2) of this section, 16984
and subject to divisions (C)(3), (4), (5), (6), and (7) of this 16985
section, on a full-time equivalency basis, for each student 16986
enrolled in a community school established under this chapter, the 16987
department of education annually shall deduct from the state 16988
education aid of a student's resident district and, if necessary, 16989
from the payment made to the district under sections 321.24 and 16990
323.156 of the Revised Code and pay to the community school the 16991
sum of the following:16992

       (a) An opportunity grant in an amount equal to the formula 16993
amount;16994

       (b) The per pupil amount of targeted assistance funds 16995
calculated under division (A) of section 3317.0217 of the Revised 16996
Code for the student's resident district, as determined by the 16997
department, X 0.25;16998

       (c) Additional state aid for special education and related 16999
services provided under Chapter 3323. of the Revised Code as 17000
follows:17001

       (i) If the student is a category one special education 17002
student, the amount specified in division (A) of section 3317.013 17003
of the Revised Code;17004

       (ii) If the student is a category two special education 17005
student, the amount specified in division (B) of section 3317.013 17006
of the Revised Code;17007

       (iii) If the student is a category three special education 17008
student, the amount specified in division (C) of section 3317.013 17009
of the Revised Code;17010

       (iv) If the student is a category four special education 17011
student, the amount specified in division (D) of section 3317.013 17012
of the Revised Code;17013

       (v) If the student is a category five special education 17014
student, the amount specified in division (E) of section 3317.013 17015
of the Revised Code;17016

       (vi) If the student is a category six special education 17017
student, the amount specified in division (F) of section 3317.013 17018
of the Revised Code.17019

       (d) If the student is in kindergarten through third grade, an 17020
additional amount of $211, in fiscal year 2014, and $290, in 17021
fiscal year 2015;17022

       (e) If the student is economically disadvantaged, an 17023
additional amount equal to the following:17024

       ($269, in fiscal year 2014, or $272, in fiscal year 2015) X 17025
(the resident district's economically disadvantaged index)17026

       (f) Limited English proficiency funds as follows:17027

       (i) If the student is a category one limited English 17028
proficient student, the amount specified in division (A) of 17029
section 3317.016 of the Revised Code;17030

       (ii) If the student is a category two limited English 17031
proficient student, the amount specified in division (B) of 17032
section 3317.016 of the Revised Code;17033

       (iii) If the student is a category three limited English 17034
proficient student, the amount specified in division (C) of 17035
section 3317.016 of the Revised Code.17036

       (g) Career-technicalIf the student is reported under 17037
division (B)(2)(d) of this section, career-technical education 17038
funds as follows:17039

       (i) If the student is a category one career-technical 17040
education student, the amount specified in division (A) of section 17041
3317.014 of the Revised Code;17042

       (ii) If the student is a category two career-technical 17043
education student, the amount specified in division (B) of section 17044
3317.014 of the Revised Code;17045

       (iii) If the student is a category three career-technical 17046
education student, the amount specified in division (C) of section 17047
3317.014 of the Revised Code;17048

       (iv) If the student is a category four career-technical 17049
education student, the amount specified in division (D) of section 17050
3317.014 of the Revised Code;17051

       (v) If the student is a category five career-technical 17052
education student, the amount specified in division (E) of section 17053
3317.014 of the Revised Code.17054

       Deduction and payment of funds under division (C)(1)(g) of 17055
this section is subject to approval by the lead district of a 17056
career-technical planning district or the department of education 17057
under section 3317.161 of the Revised Code.17058

       (2) When deducting from the state education aid of a 17059
student's resident district for students enrolled in an internet- 17060
or computer-based community school and making payments to such 17061
school under this section, the department shall make the 17062
deductions and payments described in only divisions (C)(1)(a), 17063
(c), and (g) of this section.17064

       No deductions or payments shall be made for a student 17065
enrolled in such school under division (C)(1)(b), (d), (e), or (f) 17066
of this section.17067

       (3)(a) If a community school's costs for a fiscal year for a 17068
student receiving special education and related services pursuant 17069
to an IEP for a disability described in divisions (B) to (F) of 17070
section 3317.013 of the Revised Code exceed the threshold 17071
catastrophic cost for serving the student as specified in division 17072
(B) of section 3317.0214 of the Revised Code, the school may 17073
submit to the superintendent of public instruction documentation, 17074
as prescribed by the superintendent, of all its costs for that 17075
student. Upon submission of documentation for a student of the 17076
type and in the manner prescribed, the department shall pay to the 17077
community school an amount equal to the school's costs for the 17078
student in excess of the threshold catastrophic costs.17079

       (b) The community school shall report under division 17080
(C)(3)(a) of this section, and the department shall pay for, only 17081
the costs of educational expenses and the related services 17082
provided to the student in accordance with the student's 17083
individualized education program. Any legal fees, court costs, or 17084
other costs associated with any cause of action relating to the 17085
student may not be included in the amount.17086

       (4) In any fiscal year, a community school receiving funds 17087
under division (C)(1)(g) of this section shall spend those funds 17088
only for the purposes that the department designates as approved 17089
for career-technical education expenses. Career-technical 17090
educationaleducation expenses approved by the department shall 17091
include only expenses connected to the delivery of 17092
career-technical programming to career-technical students. The 17093
department shall require the school to report data annually so 17094
that the department may monitor the school's compliance with the 17095
requirements regarding the manner in which funding received under 17096
division (C)(1)(g) of this section may be spent.17097

       (5) All funds received under division (C)(1)(g) of this 17098
section shall be spent in the following manner:17099

       (a) At least seventy-five per cent of the funds shall be 17100
spent on curriculum development, purchase, and implementation; 17101
instructional resources and supplies; industry-based program 17102
certification; student assessment, credentialing, and placement; 17103
curriculum specific equipment purchases and leases; 17104
career-technical student organization fees and expenses; home and 17105
agency linkages; work-based learning experiences; professional 17106
development; and other costs directly associated with 17107
career-technical education programs including development of new 17108
programs.17109

       (b) Not more than twenty-five per cent of the funds shall be 17110
used for personnel expenditures.17111

       (6) A community school shall spend the funds it receives 17112
under division (C)(1)(e) of this section in accordance with 17113
section 3317.25 of the Revised Code. 17114

       (7) If the sum of the payments computed under division17115
divisions (C)(1) and (8)(a) of this section for the students 17116
entitled to attend school in a particular school district under 17117
sections 3313.64 and 3313.65 of the Revised Code exceeds the sum 17118
of that district's state education aid and its payment under 17119
sections 321.24 and 323.156 of the Revised Code, the department 17120
shall calculate and apply a proration factor to the payments to 17121
all community schools under that division for the students 17122
entitled to attend school in that district.17123

       (8)(a) Subject to division (C)(7) of this section, the 17124
department annually shall pay to each community school, including 17125
each internet- or computer-based community school, an amount equal 17126
to the following: 17127

       (The number of students reported by the community school 17128
under division (B)(2)(e) of this section X the formula amount X 17129
.20) 17130

       (b) For each payment made to a community school under 17131
division (C)(8)(a) of this section, the department shall deduct 17132
from the state education aid of each city, local, and exempted 17133
village school district and, if necessary, from the payment made 17134
to the district under sections 321.24 and 323.156 of the Revised 17135
Code an amount equal to the following: 17136

       (The number of the district's students reported by the 17137
community school under division (B)(2)(e) of this section X the 17138
formula amount X .20)17139

       (D) A board of education sponsoring a community school may 17140
utilize local funds to make enhancement grants to the school or 17141
may agree, either as part of the contract or separately, to 17142
provide any specific services to the community school at no cost 17143
to the school.17144

       (E) A community school may not levy taxes or issue bonds 17145
secured by tax revenues.17146

       (F) No community school shall charge tuition for the 17147
enrollment of any student who is a resident of this state. A 17148
community school may charge tuition for the enrollment of any 17149
student who is not a resident of this state.17150

       (G)(1)(a) A community school may borrow money to pay any 17151
necessary and actual expenses of the school in anticipation of the 17152
receipt of any portion of the payments to be received by the 17153
school pursuant to division (C) of this section. The school may 17154
issue notes to evidence such borrowing. The proceeds of the notes 17155
shall be used only for the purposes for which the anticipated 17156
receipts may be lawfully expended by the school.17157

       (b) A school may also borrow money for a term not to exceed 17158
fifteen years for the purpose of acquiring facilities.17159

       (2) Except for any amount guaranteed under section 3318.50 of 17160
the Revised Code, the state is not liable for debt incurred by the 17161
governing authority of a community school.17162

       (H) The department of education shall adjust the amounts 17163
subtracted and paid under division (C) of this section to reflect 17164
any enrollment of students in community schools for less than the 17165
equivalent of a full school year. The state board of education 17166
within ninety days after April 8, 2003, shall adopt in accordance 17167
with Chapter 119. of the Revised Code rules governing the payments 17168
to community schools under this section including initial payments 17169
in a school year and adjustments and reductions made in subsequent 17170
periodic payments to community schools and corresponding 17171
deductions from school district accounts as provided under 17172
division (C) of this section. For purposes of this section:17173

       (1) A student shall be considered enrolled in the community 17174
school for any portion of the school year the student is 17175
participating at a college under Chapter 3365. of the Revised 17176
Code.17177

       (2) A student shall be considered to be enrolled in a 17178
community school for the period of time beginning on the later of 17179
the date on which the school both has received documentation of 17180
the student's enrollment from a parent and the student has 17181
commenced participation in learning opportunities as defined in 17182
the contract with the sponsor, or thirty days prior to the date on 17183
which the student is entered into the education management 17184
information system established under section 3301.0714 of the 17185
Revised Code. For purposes of applying this division and divisions 17186
(H)(3) and (4) of this section to a community school student, 17187
"learning opportunities" shall be defined in the contract, which 17188
shall describe both classroom-based and non-classroom-based 17189
learning opportunities and shall be in compliance with criteria 17190
and documentation requirements for student participation which 17191
shall be established by the department. Any student's instruction 17192
time in non-classroom-based learning opportunities shall be 17193
certified by an employee of the community school. A student's 17194
enrollment shall be considered to cease on the date on which any 17195
of the following occur:17196

        (a) The community school receives documentation from a parent 17197
terminating enrollment of the student.17198

        (b) The community school is provided documentation of a 17199
student's enrollment in another public or private school.17200

        (c) The community school ceases to offer learning 17201
opportunities to the student pursuant to the terms of the contract 17202
with the sponsor or the operation of any provision of this 17203
chapter.17204

       Except as otherwise specified in this paragraph, beginning in 17205
the 2011-2012 school year, any student who completed the prior 17206
school year in an internet- or computer-based community school 17207
shall be considered to be enrolled in the same school in the 17208
subsequent school year until the student's enrollment has ceased 17209
as specified in division (H)(2) of this section. The department 17210
shall continue subtracting and paying amounts for the student 17211
under division (C) of this section without interruption at the 17212
start of the subsequent school year. However, if the student 17213
without a legitimate excuse fails to participate in the first one 17214
hundred five consecutive hours of learning opportunities offered 17215
to the student in that subsequent school year, the student shall 17216
be considered not to have re-enrolled in the school for that 17217
school year and the department shall recalculate the payments to 17218
the school for that school year to account for the fact that the 17219
student is not enrolled.17220

        (3) The department shall determine each community school 17221
student's percentage of full-time equivalency based on the 17222
percentage of learning opportunities offered by the community 17223
school to that student, reported either as number of hours or 17224
number of days, is of the total learning opportunities offered by 17225
the community school to a student who attends for the school's 17226
entire school year. However, no internet- or computer-based 17227
community school shall be credited for any time a student spends 17228
participating in learning opportunities beyond ten hours within 17229
any period of twenty-four consecutive hours. Whether it reports 17230
hours or days of learning opportunities, each community school 17231
shall offer not less than nine hundred twenty hours of learning 17232
opportunities during the school year.17233

       (4) With respect to the calculation of full-time equivalency 17234
under division (H)(3) of this section, the department shall waive 17235
the number of hours or days of learning opportunities not offered 17236
to a student because the community school was closed during the 17237
school year due to disease epidemic, hazardous weather conditions, 17238
law enforcement emergencies, inoperability of school buses or 17239
other equipment necessary to the school's operation, damage to a 17240
school building, or other temporary circumstances due to utility 17241
failure rendering the school building unfit for school use, so 17242
long as the school was actually open for instruction with students 17243
in attendance during that school year for not less than the 17244
minimum number of hours required by this chapter. The department 17245
shall treat the school as if it were open for instruction with 17246
students in attendance during the hours or days waived under this 17247
division.17248

       (I) The department of education shall reduce the amounts paid 17249
under this section to reflect payments made to colleges under 17250
division (B) of section 3365.07 of the Revised Code or through 17251
alternative funding agreements entered into under rules adopted 17252
under section 3365.12 of the Revised Code.17253

       (J)(1) No student shall be considered enrolled in any 17254
internet- or computer-based community school or, if applicable to 17255
the student, in any community school that is required to provide 17256
the student with a computer pursuant to division (C) of section 17257
3314.22 of the Revised Code, unless both of the following 17258
conditions are satisfied:17259

       (a) The student possesses or has been provided with all 17260
required hardware and software materials and all such materials 17261
are operational so that the student is capable of fully 17262
participating in the learning opportunities specified in the 17263
contract between the school and the school's sponsor as required 17264
by division (A)(23) of section 3314.03 of the Revised Code;17265

       (b) The school is in compliance with division (A) of section 17266
3314.22 of the Revised Code, relative to such student.17267

       (2) In accordance with policies adopted jointly by the 17268
superintendent of public instruction and the auditor of state, the 17269
department shall reduce the amounts otherwise payable under 17270
division (C) of this section to any community school that includes 17271
in its program the provision of computer hardware and software 17272
materials to any student, if such hardware and software materials 17273
have not been delivered, installed, and activated for each such 17274
student in a timely manner or other educational materials or 17275
services have not been provided according to the contract between 17276
the individual community school and its sponsor.17277

       The superintendent of public instruction and the auditor of 17278
state shall jointly establish a method for auditing any community 17279
school to which this division pertains to ensure compliance with 17280
this section.17281

       The superintendent, auditor of state, and the governor shall 17282
jointly make recommendations to the general assembly for 17283
legislative changes that may be required to assure fiscal and 17284
academic accountability for such schools.17285

       (K)(1) If the department determines that a review of a 17286
community school's enrollment is necessary, such review shall be 17287
completed and written notice of the findings shall be provided to 17288
the governing authority of the community school and its sponsor 17289
within ninety days of the end of the community school's fiscal 17290
year, unless extended for a period not to exceed thirty additional 17291
days for one of the following reasons:17292

        (a) The department and the community school mutually agree to 17293
the extension.17294

        (b) Delays in data submission caused by either a community 17295
school or its sponsor.17296

       (2) If the review results in a finding that additional 17297
funding is owed to the school, such payment shall be made within 17298
thirty days of the written notice. If the review results in a 17299
finding that the community school owes moneys to the state, the 17300
following procedure shall apply:17301

       (a) Within ten business days of the receipt of the notice of 17302
findings, the community school may appeal the department's 17303
determination to the state board of education or its designee.17304

        (b) The board or its designee shall conduct an informal 17305
hearing on the matter within thirty days of receipt of such an 17306
appeal and shall issue a decision within fifteen days of the 17307
conclusion of the hearing.17308

        (c) If the board has enlisted a designee to conduct the 17309
hearing, the designee shall certify its decision to the board. The 17310
board may accept the decision of the designee or may reject the 17311
decision of the designee and issue its own decision on the matter.17312

        (d) Any decision made by the board under this division is 17313
final.17314

        (3) If it is decided that the community school owes moneys to 17315
the state, the department shall deduct such amount from the 17316
school's future payments in accordance with guidelines issued by 17317
the superintendent of public instruction.17318

       (L) The department shall not subtract from a school 17319
district's state aid account and shall not pay to a community 17320
school under division (C) of this section any amount for any of 17321
the following:17322

        (1) Any student who has graduated from the twelfth grade of a 17323
public or nonpublic high school;17324

        (2) Any student who is not a resident of the state;17325

        (3) Any student who was enrolled in the community school 17326
during the previous school year when assessments were administered 17327
under section 3301.0711 of the Revised Code but did not take one 17328
or more of the assessments required by that section and was not 17329
excused pursuant to division (C)(1) or (3) of that section, unless 17330
the superintendent of public instruction grants the student a 17331
waiver from the requirement to take the assessment and a parent is 17332
not paying tuition for the student pursuant to section 3314.26 of 17333
the Revised Code. The superintendent may grant a waiver only for 17334
good cause in accordance with rules adopted by the state board of 17335
education.17336

       (4) Any student who has attained the age of twenty-two years, 17337
except for veterans of the armed services whose attendance was 17338
interrupted before completing the recognized twelve-year course of 17339
the public schools by reason of induction or enlistment in the 17340
armed forces and who apply for enrollment in a community school 17341
not later than four years after termination of war or their 17342
honorable discharge. If, however, any such veteran elects to 17343
enroll in special courses organized for veterans for whom tuition 17344
is paid under federal law, or otherwise, the department shall not 17345
subtract from a school district's state aid account and shall not 17346
pay to a community school under division (C) of this section any 17347
amount for that veteran.17348

       Sec. 3317.02.  As used in this chapter:17349

       (A)(1) "Category one career-technical education ADM" means 17350
the enrollment of students during the school year on a full-time 17351
equivalency basis in career-technical education programs described 17352
in division (A) of section 3317.014 of the Revised Code and 17353
certified under division (B)(11) or (D)(2)(h) of section 3317.03 17354
of the Revised Code.17355

       (2) "Category two career-technical education ADM" means the 17356
enrollment of students during the school year on a full-time 17357
equivalency basis in career-technical education programs described 17358
in division (B) of section 3317.014 of the Revised Code and 17359
certified under division (B)(12) or (D)(2)(i) of section 3317.03 17360
of the Revised Code.17361

       (3) "Category three career-technical education ADM" means the 17362
enrollment of students during the school year on a full-time 17363
equivalency basis in career-technical education programs described 17364
in division (C) of section 3317.014 of the Revised Code and 17365
certified under division (B)(13) or (D)(2)(j) of section 3317.03 17366
of the Revised Code.17367

       (4) "Category four career-technical education ADM" means the 17368
enrollment of students during the school year on a full-time 17369
equivalency basis in career-technical education programs described 17370
in division (D) of section 3317.014 of the Revised Code and 17371
certified under division (B)(14) or (D)(2)(k) of section 3317.03 17372
of the Revised Code.17373

       (5) "Category five career-technical education ADM" means the 17374
enrollment of students during the school year on a full-time 17375
equivalency basis in career-technical education programs described 17376
in division (E) of section 3317.014 of the Revised Code and 17377
certified under division (B)(15) or (D)(2)(l) of section 3317.03 17378
of the Revised Code.17379

       (B)(1) "Category one limited English proficient ADM" means 17380
the full-time equivalent number of limited English proficient 17381
students described in division (A) of section 3317.016 of the 17382
Revised Code and certified under division (B)(16) or (D)(2)(m) of 17383
section 3317.03 of the Revised Code.17384

       (2) "Category two limited English proficient ADM" means the 17385
full-time equivalent number of limited English proficient students 17386
described in division (B) of section 3317.016 of the Revised Code 17387
and certified under division (B)(17) or (D)(2)(n) of section 17388
3317.03 of the Revised Code.17389

       (3) "Category three limited English proficient ADM" means the 17390
full-time equivalent number of limited English proficient students 17391
described in division (C) of section 3317.016 of the Revised Code 17392
and certified under division (B)(18) or (D)(2)(o) of section 17393
3317.03 of the Revised Code.17394

       (C)(1) "Category one special education ADM" means the 17395
full-time equivalent number of children with disabilities 17396
receiving special education services for the disability specified 17397
in division (A) of section 3317.013 of the Revised Code and 17398
certified under division (B)(5) or (D)(2)(b) of section 3317.03 of 17399
the Revised Code.17400

       (2) "Category two special education ADM" means the full-time 17401
equivalent number of children with disabilities receiving special 17402
education services for those disabilities specified in division 17403
(B) of section 3317.013 of the Revised Code and certified under 17404
division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised 17405
Code.17406

       (3) "Category three special education ADM" means the 17407
full-time equivalent number of students receiving special 17408
education services for those disabilities specified in division 17409
(C) of section 3317.013 of the Revised Code, and certified under 17410
division (B)(7) or (D)(2)(d) of section 3317.03 of the Revised 17411
Code.17412

       (4) "Category four special education ADM" means the full-time 17413
equivalent number of students receiving special education services 17414
for those disabilities specified in division (D) of section 17415
3317.013 of the Revised Code and certified under division (B)(8) 17416
or (D)(2)(e) of section 3317.03 of the Revised Code.17417

       (5) "Category five special education ADM" means the full-time 17418
equivalent number of students receiving special education services 17419
for the disabilities specified in division (E) of section 3317.013 17420
of the Revised Code and certified under division (B)(9) or 17421
(D)(2)(f) of section 3317.03 of the Revised Code.17422

       (6) "Category six special education ADM" means the full-time 17423
equivalent number of students receiving special education services 17424
for the disabilities specified in division (F) of section 3317.013 17425
of the Revised Code and certified under division (B)(10) or 17426
(D)(2)(g) of section 3317.03 of the Revised Code.17427

       (D) "County DD board" means a county board of developmental 17428
disabilities.17429

       (E) "Economically disadvantaged index for a school district" 17430
means the square of the quotient of that district's percentage of 17431
students in its total ADM who are identified as economically 17432
disadvantaged as defined by the department of education, divided 17433
by the statewide percentage of students identified as economically 17434
disadvantaged.17435

       (F)(1) "Formula ADM" means, for a city, local, or exempted 17436
village school district, the enrollment reported under division 17437
(A) of section 3317.03 of the Revised Code, as verified by the 17438
superintendent of public instruction and adjusted if so ordered 17439
under division (K) of that section, and as further adjusted by 17440
countingthe department of education, as follows: 17441

       (a) Count only twenty per cent of the number of joint 17442
vocational school district students counted under division (A)(3) 17443
of section 3317.03 of the Revised Code;17444

       (b) Add twenty per cent of the number of students who are 17445
entitled to attend school in the district under section 3313.64 or 17446
3313.65 of the Revised Code and are enrolled in another school 17447
district under a career-technical education compact.17448

       (2) "Formula ADM" means, for a joint vocational school 17449
district, the final number verified by the superintendent of 17450
public instruction, based on the enrollment reported and certified 17451
under division (D) of section 3317.03 of the Revised Code, as 17452
adjusted, if so ordered, under division (K) of that section. 17453

       (G) "Formula amount" means $5,745, for fiscal year 2014, and 17454
$5,800, for fiscal year 2015.17455

       (H) "FTE basis" means a count of students based on full-time 17456
equivalency, in accordance with rules adopted by the department of 17457
education pursuant to section 3317.03 of the Revised Code. In 17458
adopting its rules under this division, the department shall 17459
provide for counting any student in category one, two, three, 17460
four, five, or six special education ADM or in category one, two, 17461
three, four, or five career technical education ADM in the same 17462
proportion the student is counted in formula ADM.17463

       (I) "Internet- or computer-based community school" has the 17464
same meaning as in section 3314.02 of the Revised Code.17465

       (J) "Medically fragile child" means a child to whom all of 17466
the following apply:17467

       (1) The child requires the services of a doctor of medicine 17468
or osteopathic medicine at least once a week due to the 17469
instability of the child's medical condition.17470

       (2) The child requires the services of a registered nurse on 17471
a daily basis.17472

       (3) The child is at risk of institutionalization in a 17473
hospital, skilled nursing facility, or intermediate care facility 17474
for individuals with intellectual disabilities.17475

       (K)(1) A child may be identified as having an "other health 17476
impairment-major" if the child's condition meets the definition of 17477
"other health impaired" established in rules previously adopted by 17478
the state board of education and if either of the following apply:17479

       (a) The child is identified as having a medical condition 17480
that is among those listed by the superintendent of public 17481
instruction as conditions where a substantial majority of cases 17482
fall within the definition of "medically fragile child."17483

       (b) The child is determined by the superintendent of public 17484
instruction to be a medically fragile child. A school district 17485
superintendent may petition the superintendent of public 17486
instruction for a determination that a child is a medically 17487
fragile child.17488

       (2) A child may be identified as having an "other health 17489
impairment-minor" if the child's condition meets the definition of 17490
"other health impaired" established in rules previously adopted by 17491
the state board of education but the child's condition does not 17492
meet either of the conditions specified in division (K)(1)(a) or 17493
(b) of this section.17494

       (L) "Preschool child with a disability" means a child with a 17495
disability, as defined in section 3323.01 of the Revised Code, who 17496
is at least age three but is not of compulsory school age, as 17497
defined in section 3321.01 of the Revised Code, and who is not 17498
currently enrolled in kindergarten.17499

       (M) "Preschool scholarship ADM" means the number of preschool 17500
children with disabilities certified under division (B)(3)(h) of 17501
section 3317.03 of the Revised Code.17502

       (N) "Related services" includes:17503

       (1) Child study, special education supervisors and 17504
coordinators, speech and hearing services, adaptive physical 17505
development services, occupational or physical therapy, teacher 17506
assistants for children with disabilities whose disabilities are 17507
described in division (B) of section 3317.013 or division (B)(3) 17508
of this section, behavioral intervention, interpreter services, 17509
work study, nursing services, and specialized integrative services 17510
as those terms are defined by the department;17511

       (2) Speech and language services provided to any student with 17512
a disability, including any student whose primary or only 17513
disability is a speech and language disability;17514

       (3) Any related service not specifically covered by other 17515
state funds but specified in federal law, including but not 17516
limited to, audiology and school psychological services;17517

       (4) Any service included in units funded under former 17518
division (O)(1) of section 3317.024 of the Revised Code;17519

       (5) Any other related service needed by children with 17520
disabilities in accordance with their individualized education 17521
programs.17522

       (O) "School district," unless otherwise specified, means 17523
city, local, and exempted village school districts.17524

       (P) "State education aid" has the same meaning as in section 17525
5751.20 of the Revised Code.17526

       (Q) "State share index" means the state share index 17527
calculated for a district under section 3317.017 of the Revised 17528
Code.17529

       (R) "Taxes charged and payable" means the taxes charged and 17530
payable against real and public utility property after making the 17531
reduction required by section 319.301 of the Revised Code, plus 17532
the taxes levied against tangible personal property.17533

       (S) "Total ADM" means, for a city, local, or exempted village 17534
school district, the enrollment reported under division (A) of 17535
section 3317.03 of the Revised Code, as verified by the 17536
superintendent of public instruction and adjusted if so ordered 17537
under division (K) of that section.17538

       (T) "Total special education ADM" means the sum of categories 17539
one through six special education ADM.17540

       (U) "Total taxable value" means the sum of the amounts 17541
certified for a city, local, exempted village, or joint vocational 17542
school district under divisions (A)(1) and (2) of section 3317.021 17543
of the Revised Code.17544

       Sec. 3317.0217. Payment of the amount calculated for a school 17545
district under this section shall be made under division (A) of 17546
section 3317.022 of the Revised Code.17547

       (A) The department of education shall annually compute 17548
targeted assistance funds to school districts, as follows:17549

        (1) Calculate the local wealth per pupil of each school 17550
district, which equals the following sum:17551

        (a) One-half times the quotient of (i) the district's 17552
three-year average valuation divided by (ii) its formula ADM; plus17553

        (b) One-half times the quotient of (i) the average of the 17554
total federal adjusted gross income of the school district's 17555
residents for the three years most recently reported under section 17556
3317.021 of the Revised Code divided by (ii) its formula ADM.17557

        (2) Rank all school districts in order of local wealth per 17558
pupil, from the district with the lowest local wealth per pupil to 17559
the district with the highest local wealth per pupil.17560

       (3) Compute the statewide wealth per pupil, which equals the 17561
following sum:17562

        (a) One-half times the quotient of (i) the sum of the 17563
three-year average valuations for all school districts divided by 17564
(ii) the sum of formula ADM counts for all schoolsschool17565
districts; plus17566

        (b) One-half times the quotient of (i) the sum of the 17567
three-year average total federal adjusted gross incomes for all 17568
school districts divided by (ii) the sum of formula ADM counts for 17569
all school districts.17570

        (4) Compute each district's wealth index by dividing the 17571
statewide wealth per pupil by the district's local wealth per 17572
pupil.17573

       (5) Compute the per pupil targeted assistance for each 17574
eligible school district in accordance with the following formula:17575

(Threshold local wealth per pupil - the district's local wealth
17576
per pupil)
17577

X target millage X the district's wealth index
17578

       Where:17579

       (a) An "eligible school district" means a school district 17580
with a local wealth per pupil less than that of the school 17581
district with the 490th lowest local wealth per pupil.17582

       (b) "Threshold local wealth per pupil" means the local wealth 17583
per pupil of the school district with the 490th lowest local 17584
wealth per pupil.17585

       (c) "Target millage" means 0.006.17586

        If the result of the calculation for a school district under 17587
division (A)(5) of this section is less than zero, the district's 17588
targeted assistance shall be zero.17589

       (6) Calculate the aggregate amount to be paid as targeted 17590
assistance funds to each school district under division (A) of 17591
section 3317.022 of the Revised Code by multiplying the per pupil 17592
targeted assistance computed under division (A)(5) of this section 17593
by the district's net formula ADM.17594

       As used in this division, a district's "net formula ADM" 17595
means its formula ADM minus the number of community school 17596
students certified under division (B)(3)(d) of section 3317.03 of 17597
the Revised Code X 0.75, the number of internet- and 17598
computer-based community school students certified under division 17599
(B)(3)(e) of that section, the number of science, technology, 17600
engineering, and mathematics school students certified under 17601
division (B)(3)(j) of that section X 0.75, and the number of 17602
scholarship students certified under divisions (B)(3)(f), (g), and 17603
(l) of that section.17604

       (B) The department shall annually compute supplemental 17605
targeted assistance funds to school districts, as follows:17606

       (1) Compute each district's agricultural percentage as the 17607
quotient of (a) the three-year average tax valuation of real 17608
property in the district that is classified as agricultural 17609
property divided by (b) the three-year average tax valuation of 17610
all of the real property in the district. For purposes of this 17611
computation, a district's "three-year average tax valuation" means 17612
the average of a district's tax valuation for fiscal years 2012, 17613
2013, and 2014.17614

       (2) Determine each district's agricultural targeted 17615
percentage as follows:17616

       (a) If a district's agricultural percentage is greater than 17617
or equal to 0.10, then the district's agricultural targeted 17618
percentage shall be equal to 0.40.17619

       (b) If a district's agricultural percentage is less than 17620
0.10, then the district's agricultural targeted percentage shall 17621
be equal to 4 X the district's agricultural percentage.17622

       (3) Calculate the aggregate amount to be paid as supplemental 17623
targeted assistance funds to each school district under division 17624
(A) of section 3317.022 of the Revised Code by multiplying the 17625
district's agricultural targeted percentage by the amount 17626
calculated for the district under division (A)(6) of this section.17627

       Sec. 3317.03.  (A) The superintendent of each city, local, 17628
and exempted village school district shall report to the state 17629
board of education as of the last day of October, March, and June 17630
of each year the enrollment of students receiving services from 17631
schools under the superintendent's supervision, and the numbers of 17632
other students entitled to attend school in the district under 17633
section 3313.64 or 3313.65 of the Revised Code the superintendent 17634
is required to report under this section, so that the department 17635
of education can calculate the district's formula ADM, total ADM, 17636
category one through five career-technical education ADM, category 17637
one through three limited English proficient ADM, category one 17638
through six special education ADM, preschool scholarship ADM, 17639
transportation ADM, and, for purposes of provisions of law outside 17640
of Chapter 3317. of the Revised Code, average daily membership. 17641

       (1) The enrollment reported by the superintendent during the 17642
reporting period shall consist of the number of students in grades 17643
kindergarten through twelve receiving any educational services 17644
from the district, except that the following categories of 17645
students shall not be included in the determination:17646

       (a) Students enrolled in adult education classes;17647

       (b) Adjacent or other district students enrolled in the 17648
district under an open enrollment policy pursuant to section 17649
3313.98 of the Revised Code;17650

       (c) Students receiving services in the district pursuant to a 17651
compact, cooperative education agreement, or a contract, but who 17652
are entitled to attend school in another district pursuant to 17653
section 3313.64 or 3313.65 of the Revised Code;17654

       (d) Students for whom tuition is payable pursuant to sections 17655
3317.081 and 3323.141 of the Revised Code;17656

       (e) Students receiving services in the district through a 17657
scholarship awarded under either section 3310.41 or sections 17658
3310.51 to 3310.64 of the Revised Code.17659

       When reporting students under division (A)(1) of this 17660
section, the superintendent also shall report the district where 17661
each student is entitled to attend school pursuant to sections 17662
3313.64 and 3313.65 of the Revised Code.17663

       (2) The department of education shall compile a list of all 17664
students reported to be enrolled in a district under division 17665
(A)(1) of this section and of the students entitled to attend 17666
school in the district pursuant to section 3313.64 or 3313.65 of 17667
the Revised Code on an FTE basis but receiving educational 17668
services in grades kindergarten through twelve from one or more of 17669
the following entities:17670

       (a) A community school pursuant to Chapter 3314. of the 17671
Revised Code, including any participation in a college pursuant to 17672
Chapter 3365. of the Revised Code while enrolled in such community 17673
school;17674

       (b) An alternative school pursuant to sections 3313.974 to 17675
3313.979 of the Revised Code as described in division (I)(2)(a) or 17676
(b) of this section;17677

       (c) A college pursuant to Chapter 3365. of the Revised Code, 17678
except when the student is enrolled in the college while also 17679
enrolled in a community school pursuant to Chapter 3314. or, a 17680
science, technology, engineering, and mathematics school 17681
established under Chapter 3326., or a college-preparatory boarding 17682
school established under Chapter 3328. of the Revised Code;17683

       (d) An adjacent or other school district under an open 17684
enrollment policy adopted pursuant to section 3313.98 of the 17685
Revised Code;17686

       (e) An educational service center or cooperative education 17687
district;17688

       (f) Another school district under a cooperative education 17689
agreement, compact, or contract;17690

       (g) A chartered nonpublic school with a scholarship paid 17691
under section 3310.08 of the Revised Code, if the students 17692
qualified for the scholarship under section 3310.03 of the Revised 17693
Code;17694

        (h) An alternative public provider or a registered private 17695
provider with a scholarship awarded under either section 3310.41 17696
or sections 3310.51 to 3310.64 of the Revised Code. 17697

       As used in this section, "alternative public provider" and 17698
"registered private provider" have the same meanings as in section 17699
3310.41 or 3310.51 of the Revised Code, as applicable.17700

       (i) A science, technology, engineering, and mathematics 17701
school established under Chapter 3326. of the Revised Code, 17702
including any participation in a college pursuant to Chapter 3365. 17703
of the Revised Code while enrolled in the school;17704

       (j) A college-preparatory boarding school established under 17705
Chapter 3328. of the Revised Code, including any participation in 17706
a college pursuant to Chapter 3365. of the Revised Code while 17707
enrolled in the school.17708

       (3) The department also shall compile a list of the students 17709
entitled to attend school in the district under section 3313.64 or 17710
3313.65 of the Revised Code who are enrolled in a joint vocational 17711
school district or under a career-technical education compact, 17712
excluding any students so entitled to attend school in the 17713
district who are enrolled in another school district through an 17714
open enrollment policy as reported under division (A)(2)(d) of 17715
this section and then enroll in a joint vocational school district 17716
or under a career-technical education compact.17717

       The department shall provide each city, local, and exempted 17718
village school district with an opportunity to review the list of 17719
students compiled under divisions (A)(2) and (3) of this section 17720
to ensure that the students reported accurately reflect the 17721
enrollment of students in the district.17722

       (B) To enable the department of education to obtain the data 17723
needed to complete the calculation of payments pursuant to this 17724
chapter, each superintendent shall certify from the reports 17725
provided by the department under division (A) of this section all 17726
of the following:17727

       (1) The total student enrollment in regular learning day 17728
classes included in the report under division (A)(1) or (2) of 17729
this section for each of the individual grades kindergarten 17730
through twelve in schools under the superintendent's supervision;17731

       (2) The unduplicated count of the number of preschool 17732
children with disabilities enrolled in the district for whom the 17733
district is eligible to receive funding under section 3317.0213 of 17734
the Revised Code adjusted for the portion of the year each child 17735
is so enrolled, in accordance with the disability categories 17736
prescribed in section 3317.013 of the Revised Code;17737

       (3) The number of children entitled to attend school in the 17738
district pursuant to section 3313.64 or 3313.65 of the Revised 17739
Code who are:17740

       (a) Participating in a pilot project scholarship program 17741
established under sections 3313.974 to 3313.979 of the Revised 17742
Code as described in division (I)(2)(a) or (b) of this section;17743

       (b) Enrolled in a college under Chapter 3365. of the Revised 17744
Code, except when the student is enrolled in the college while 17745
also enrolled in a community school pursuant to Chapter 3314. of 17746
the Revised Code or, a science, technology, engineering, and 17747
mathematics school established under Chapter 3326., or a 17748
college-preparatory boarding school established under Chapter 17749
3328. of the Revised Code;17750

       (c) Enrolled in an adjacent or other school district under 17751
section 3313.98 of the Revised Code;17752

       (d) Enrolled in a community school established under Chapter 17753
3314. of the Revised Code that is not an internet- or 17754
computer-based community school as defined in section 3314.02 of 17755
the Revised Code, including any participation in a college 17756
pursuant to Chapter 3365. of the Revised Code while enrolled in 17757
such community school;17758

       (e) Enrolled in an internet- or computer-based community 17759
school, as defined in section 3314.02 of the Revised Code, 17760
including any participation in a college pursuant to Chapter 3365. 17761
of the Revised Code while enrolled in the school;17762

        (f) Enrolled in a chartered nonpublic school with a 17763
scholarship paid under section 3310.08 of the Revised Code and who 17764
qualified for the scholarship under section 3310.03 of the Revised 17765
Code;17766

       (g) Enrolled in kindergarten through grade twelve in an 17767
alternative public provider or a registered private provider with 17768
a scholarship awarded under section 3310.41 of the Revised Code;17769

        (h) Enrolled as a preschool child with a disability in an 17770
alternative public provider or a registered private provider with 17771
a scholarship awarded under section 3310.41 of the Revised Code;17772

       (i) Participating in a program operated by a county DD board 17773
or a state institution;17774

       (j) Enrolled in a science, technology, engineering, and 17775
mathematics school established under Chapter 3326. of the Revised 17776
Code, including any participation in a college pursuant to Chapter 17777
3365. of the Revised Code while enrolled in the school;17778

       (k) Enrolled in a college-preparatory boarding school 17779
established under Chapter 3328. of the Revised Code, including any 17780
participation in a college pursuant to Chapter 3365. of the 17781
Revised Code while enrolled in the school;17782

       (l) Enrolled in an alternative public provider or a 17783
registered private provider with a scholarship awarded under 17784
sections 3310.51 to 3310.64 of the Revised Code.17785

       (4) The total enrollment of pupils in joint vocational 17786
schools;17787

       (5) The combined enrollment of children with disabilities 17788
reported under division (A)(1) or (2) of this section receiving 17789
special education services for the category one disability 17790
described in division (A) of section 3317.013 of the Revised Code, 17791
including children attending a special education program operated 17792
by an alternative public provider or a registered private provider 17793
with a scholarship awarded under sections 3310.51 to 3310.64 of 17794
the Revised Code;17795

       (6) The combined enrollment of children with disabilities 17796
reported under division (A)(1) or (2) of this section receiving 17797
special education services for category two disabilities described 17798
in division (B) of section 3317.013 of the Revised Code, including 17799
children attending a special education program operated by an 17800
alternative public provider or a registered private provider with 17801
a scholarship awarded under sections 3310.51 to 3310.64 of the 17802
Revised Code;17803

       (7) The combined enrollment of children with disabilities 17804
reported under division (A)(1) or (2) of this section receiving 17805
special education services for category three disabilities 17806
described in division (C) of section 3317.013 of the Revised Code, 17807
including children attending a special education program operated 17808
by an alternative public provider or a registered private provider 17809
with a scholarship awarded under sections 3310.51 to 3310.64 of 17810
the Revised Code;17811

       (8) The combined enrollment of children with disabilities 17812
reported under division (A)(1) or (2) of this section receiving 17813
special education services for category four disabilities 17814
described in division (D) of section 3317.013 of the Revised Code, 17815
including children attending a special education program operated 17816
by an alternative public provider or a registered private provider 17817
with a scholarship awarded under sections 3310.51 to 3310.64 of 17818
the Revised Code;17819

       (9) The combined enrollment of children with disabilities 17820
reported under division (A)(1) or (2) of this section receiving 17821
special education services for the category five disabilities 17822
described in division (E) of section 3317.013 of the Revised Code, 17823
including children attending a special education program operated 17824
by an alternative public provider or a registered private provider 17825
with a scholarship awarded under sections 3310.51 to 3310.64 of 17826
the Revised Code;17827

       (10) The combined enrollment of children with disabilities 17828
reported under division (A)(1) or (2) and under division (B)(3)(h) 17829
of this section receiving special education services for category 17830
six disabilities described in division (F) of section 3317.013 of 17831
the Revised Code, including children attending a special education 17832
program operated by an alternative public provider or a registered 17833
private provider with a scholarship awarded under either section 17834
3310.41 or sections 3310.51 to 3310.64 of the Revised Code;17835

       (11) The enrollment of pupils reported under division (A)(1) 17836
or (2) of this section on a full-time equivalency basis in 17837
category one career-technical education programs or classes, 17838
described in division (A) of section 3317.014 of the Revised Code, 17839
operated by the school district or by another district that is a 17840
member of the district's career-technical planning district, other 17841
than a joint vocational school district, or by an educational 17842
service center, notwithstanding division (H) of section 3317.02 of 17843
the Revised Code and division (C)(3) of this section;17844

       (12) The enrollment of pupils reported under division (A)(1) 17845
or (2) of this section on a full-time equivalency basis in 17846
category two career-technical education programs or services, 17847
described in division (B) of section 3317.014 of the Revised Code, 17848
operated by the school district or another school district that is 17849
a member of the district's career-technical planning district, 17850
other than a joint vocational school district, or by an 17851
educational service center, notwithstanding division (H) of 17852
section 3317.02 of the Revised Code and division (C)(3) of this 17853
section;17854

       (13) The enrollment of pupils reported under division (A)(1) 17855
or (2) of this section on a full-time equivalency basis in 17856
category three career-technical education programs or services, 17857
described in division (C) of section 3317.014 of the Revised Code, 17858
operated by the school district or another school district that is 17859
a member of the district's career-technical planning district, 17860
other than a joint vocational school district, or by an 17861
educational service center, notwithstanding division (H) of 17862
section 3317.02 of the Revised Code and division (C)(3) of this 17863
section;17864

       (14) The enrollment of pupils reported under division (A)(1) 17865
or (2) of this section on a full-time equivalency basis in 17866
category four career-technical education programs or services, 17867
described in division (D) of section 3317.014 of the Revised Code, 17868
operated by the school district or another school district that is 17869
a member of the district's career-technical planning district, 17870
other than a joint vocational school district, or by an 17871
educational service center, notwithstanding division (H) of 17872
section 3317.02 of the Revised Code and division (C)(3) of this 17873
section;17874

       (15) The enrollment of pupils reported under division (A)(1) 17875
or (2) of this section on a full-time equivalency basis in 17876
category five career-technical education programs or services, 17877
described in division (E) of section 3317.014 of the Revised Code, 17878
operated by the school district or another school district that is 17879
a member of the district's career-technical planning district, 17880
other than a joint vocational school district, or by an 17881
educational service center, notwithstanding division (H) of 17882
section 3317.02 of the Revised Code and division (C)(3) of this 17883
section;17884

       (16) The enrollment of pupils reported under division (A)(1) 17885
or (2) of this section who are limited English proficient students 17886
described in division (A) of section 3317.016 of the Revised Code, 17887
excluding any student reported under division (B)(3)(e) of this 17888
section as enrolled in an internet- or computer-based community 17889
school;17890

       (17) The enrollment of pupils reported under division (A)(1) 17891
or (2) of this section who are limited English proficient students 17892
described in division (B) of section 3317.016 of the Revised Code, 17893
excluding any student reported under division (B)(3)(e) of this 17894
section as enrolled in an internet- or computer-based community 17895
school;17896

       (18) The enrollment of pupils reported under division (A)(1) 17897
or (2) of this section who are limited English proficient students 17898
described in division (C) of section 3317.016 of the Revised Code, 17899
excluding any student reported under division (B)(3)(e) of this 17900
section as enrolled in an internet- or computer-based community 17901
school;17902

       (19) The average number of children transported during the 17903
reporting period by the school district on board-owned or 17904
contractor-owned and -operated buses, reported in accordance with 17905
rules adopted by the department of education;17906

       (20)(a) The number of children, other than preschool children 17907
with disabilities, the district placed with a county DD board in 17908
fiscal year 1998. Division (B)(20)(a) of this section does not 17909
apply after fiscal year 2013.17910

       (b) The number of children with disabilities, other than 17911
preschool children with disabilities, placed with a county DD 17912
board in the current fiscal year to receive special education 17913
services for the category one disability described in division (A) 17914
of section 3317.013 of the Revised Code;17915

       (c) The number of children with disabilities, other than 17916
preschool children with disabilities, placed with a county DD 17917
board in the current fiscal year to receive special education 17918
services for category two disabilities described in division (B) 17919
of section 3317.013 of the Revised Code;17920

       (d) The number of children with disabilities, other than 17921
preschool children with disabilities, placed with a county DD 17922
board in the current fiscal year to receive special education 17923
services for category three disabilities described in division (C) 17924
of section 3317.013 of the Revised Code;17925

       (e) The number of children with disabilities, other than 17926
preschool children with disabilities, placed with a county DD 17927
board in the current fiscal year to receive special education 17928
services for category four disabilities described in division (D) 17929
of section 3317.013 of the Revised Code;17930

       (f) The number of children with disabilities, other than 17931
preschool children with disabilities, placed with a county DD 17932
board in the current fiscal year to receive special education 17933
services for the category five disabilities described in division 17934
(E) of section 3317.013 of the Revised Code;17935

       (g) The number of children with disabilities, other than 17936
preschool children with disabilities, placed with a county DD 17937
board in the current fiscal year to receive special education 17938
services for category six disabilities described in division (F) 17939
of section 3317.013 of the Revised Code.17940

       (21) The enrollment of students who are economically 17941
disadvantaged, as defined by the department, excluding any student 17942
reported under division (B)(3)(e) of this section as enrolled in 17943
an internet- or computer-based community school. A student shall 17944
not be categorically excluded from the number reported under 17945
division (B)(21) of this section based on anything other than 17946
family income.17947

       (C)(1) The state board of education shall adopt rules 17948
necessary for implementing divisions (A), (B), and (D) of this 17949
section. 17950

       (2) A student enrolled in a community school established 17951
under Chapter 3314., a science, technology, engineering, and 17952
mathematics school established under Chapter 3326., or a 17953
college-preparatory boarding school established under Chapter 17954
3328. of the Revised Code shall be counted in the formula ADM and, 17955
if applicable, the category one, two, three, four, five, or six 17956
special education ADM of the school district in which the student 17957
is entitled to attend school under section 3313.64 or 3313.65 of 17958
the Revised Code for the same proportion of the school year that 17959
the student is counted in the enrollment of the community school, 17960
the science, technology, engineering, and mathematics school, or 17961
the college-preparatory boarding school for purposes of section 17962
3314.08, 3326.33, or 3328.24 of the Revised Code. Notwithstanding 17963
the enrollment of students certified pursuant to division 17964
(B)(3)(d), (e), (j), or (k) of this section, the department may 17965
adjust the formula ADM of a school district to account for 17966
students entitled to attend school in the district under section 17967
3313.64 or 3313.65 of the Revised Code who are enrolled in a 17968
community school, a science, technology, engineering, and 17969
mathematics school, or a college-preparatory boarding school for 17970
only a portion of the school year.17971

        (3) No child shall be counted as more than a total of one 17972
child in the sum of the enrollment of students of a school 17973
district under division (A), divisions (B)(1) to (22), or division 17974
(D) of this section, except as follows:17975

       (a) A child with a disability described in section 3317.013 17976
of the Revised Code may be counted both in formula ADM and in 17977
category one, two, three, four, five, or six special education ADM 17978
and, if applicable, in category one, two, three, four, or five 17979
career-technical education ADM. As provided in division (H) of 17980
section 3317.02 of the Revised Code, such a child shall be counted 17981
in category one, two, three, four, five, or six special education 17982
ADM in the same proportion that the child is counted in formula 17983
ADM.17984

       (b) A child enrolled in career-technical education programs 17985
or classes described in section 3317.014 of the Revised Code may 17986
be counted both in formula ADM and category one, two, three, four, 17987
or five career-technical education ADM and, if applicable, in 17988
category one, two, three, four, five, or six special education 17989
ADM. Such a child shall be counted in category one, two, three, 17990
four, or five career-technical education ADM in the same 17991
proportion as the percentage of time that the child spends in the 17992
career-technical education programs or classes.17993

       (4) Based on the information reported under this section, the 17994
department of education shall determine the total student count, 17995
as defined in section 3301.011 of the Revised Code, for each 17996
school district.17997

       (D)(1) The superintendent of each joint vocational school 17998
district shall report and certify to the superintendent of public 17999
instruction as of the last day of October, March, and June of each 18000
year the enrollment of students receiving services from schools 18001
under the superintendent's supervision so that the department can 18002
calculate the district's formula ADM, total ADM, category one 18003
through five career-technical education ADM, category one through 18004
three limited English proficient ADM, category one through six 18005
special education ADM, and for purposes of provisions of law 18006
outside of Chapter 3317. of the Revised Code, average daily 18007
membership.18008

       The enrollment reported and certified by the superintendent, 18009
except as otherwise provided in this division, shall consist of 18010
the the number of students in grades six through twelve receiving 18011
any educational services from the district, except that the 18012
following categories of students shall not be included in the 18013
determination:18014

       (a) Students enrolled in adult education classes;18015

       (b) Adjacent or other district joint vocational students 18016
enrolled in the district under an open enrollment policy pursuant 18017
to section 3313.98 of the Revised Code;18018

       (c) Students receiving services in the district pursuant to a 18019
compact, cooperative education agreement, or a contract, but who 18020
are entitled to attend school in a city, local, or exempted 18021
village school district whose territory is not part of the 18022
territory of the joint vocational district;18023

       (d) Students for whom tuition is payable pursuant to sections 18024
3317.081 and 3323.141 of the Revised Code.18025

       (2) To enable the department of education to obtain the data 18026
needed to complete the calculation of payments pursuant to this 18027
chapter, each superintendent shall certify from the report 18028
provided under division (D)(1) of this section the enrollment for 18029
each of the following categories of students:18030

       (a) Students enrolled in each individual grade included in 18031
the joint vocational district schools;18032

       (b) Children with disabilities receiving special education 18033
services for the category one disability described in division (A) 18034
of section 3317.013 of the Revised Code;18035

       (c) Children with disabilities receiving special education 18036
services for the category two disabilities described in division 18037
(B) of section 3317.013 of the Revised Code;18038

       (d) Children with disabilities receiving special education 18039
services for category three disabilities described in division (C) 18040
of section 3317.013 of the Revised Code;18041

       (e) Children with disabilities receiving special education 18042
services for category four disabilities described in division (D) 18043
of section 3317.013 of the Revised Code;18044

       (f) Children with disabilities receiving special education 18045
services for the category five disabilities described in division 18046
(E) of section 3317.013 of the Revised Code;18047

       (g) Children with disabilities receiving special education 18048
services for category six disabilities described in division (F) 18049
of section 3317.013 of the Revised Code;18050

       (h) Students receiving category one career-technical 18051
education services, described in division (A) of section 3317.014 18052
of the Revised Code;18053

       (i) Students receiving category two career-technical 18054
education services, described in division (B) of section 3317.014 18055
of the Revised Code;18056

       (j) Students receiving category three career-technical 18057
education services, described in division (C) of section 3317.014 18058
of the Revised Code;18059

       (k) Students receiving category four career-technical 18060
education services, described in division (D) of section 3317.014 18061
of the Revised Code;18062

       (l) Students receiving category five career-technical 18063
education services, described in division (E) of section 3317.014 18064
of the Revised Code;18065

        (m) Limited English proficient students described in division 18066
(A) of section 3317.016 of the Revised Code;18067

       (n) Limited English proficient students described in division 18068
(B) of section 3317.016 of the Revised Code;18069

       (o) Limited English proficient students described in division 18070
(C) of section 3317.016 of the Revised Code;18071

       (p) Students who are economically disadvantaged, as defined 18072
by the department. A student shall not be categorically excluded 18073
from the number reported under division (D)(2)(p) of this section 18074
based on anything other than family income.18075

       The superintendent of each joint vocational school district 18076
shall also indicate the city, local, or exempted village school 18077
district in which each joint vocational district pupil is entitled 18078
to attend school pursuant to section 3313.64 or 3313.65 of the 18079
Revised Code.18080

       (E) In each school of each city, local, exempted village, 18081
joint vocational, and cooperative education school district there 18082
shall be maintained a record of school enrollment, which record 18083
shall accurately show, for each day the school is in session, the 18084
actual enrollment in regular day classes. For the purpose of 18085
determining the enrollment of students, the enrollment figure of 18086
any school shall not include any pupils except those pupils 18087
described by division (A) of this section. The record of 18088
enrollment for each school shall be maintained in such manner that 18089
no pupil shall be counted as enrolled prior to the actual date of 18090
entry in the school and also in such manner that where for any 18091
cause a pupil permanently withdraws from the school that pupil 18092
shall not be counted as enrolled from and after the date of such 18093
withdrawal. There shall not be included in the enrollment of any 18094
school any of the following:18095

       (1) Any pupil who has graduated from the twelfth grade of a 18096
public or nonpublic high school;18097

       (2) Any pupil who is not a resident of the state;18098

       (3) Any pupil who was enrolled in the schools of the district 18099
during the previous school year when assessments were administered 18100
under section 3301.0711 of the Revised Code but did not take one 18101
or more of the assessments required by that section and was not 18102
excused pursuant to division (C)(1) or (3) of that section;18103

       (4) Any pupil who has attained the age of twenty-two years, 18104
except for veterans of the armed services whose attendance was 18105
interrupted before completing the recognized twelve-year course of 18106
the public schools by reason of induction or enlistment in the 18107
armed forces and who apply for reenrollment in the public school 18108
system of their residence not later than four years after 18109
termination of war or their honorable discharge;18110

       (5) Any pupil who has a high school equivalence diploma as 18111
defined in section 5107.40 of the Revised Code.18112

       If, however, any veteran described by division (E)(4) of this 18113
section elects to enroll in special courses organized for veterans 18114
for whom tuition is paid under the provisions of federal laws, or 18115
otherwise, that veteran shall not be included in the enrollment of 18116
students determined under this section.18117

       Notwithstanding division (E)(3) of this section, the 18118
enrollment of any school may include a pupil who did not take an 18119
assessment required by section 3301.0711 of the Revised Code if 18120
the superintendent of public instruction grants a waiver from the 18121
requirement to take the assessment to the specific pupil and a 18122
parent is not paying tuition for the pupil pursuant to section 18123
3313.6410 of the Revised Code. The superintendent may grant such a 18124
waiver only for good cause in accordance with rules adopted by the 18125
state board of education.18126

       The formula ADM, total ADM, category one through five 18127
career-technical education ADM, category one through three limited 18128
English proficient ADM, category one through six special education 18129
ADM, preschool scholarship ADM, transportation ADM, and, for 18130
purposes of provisions of law outside of Chapter 3317. of the 18131
Revised Code, average daily membership of any school district 18132
shall be determined in accordance with rules adopted by the state 18133
board of education.18134

       (F)(1) If a student attending a community school under 18135
Chapter 3314., a science, technology, engineering, and mathematics 18136
school established under Chapter 3326., or a college-preparatory 18137
boarding school established under Chapter 3328. of the Revised 18138
Code is not included in the formula ADM calculated for the school 18139
district in which the student is entitled to attend school under 18140
section 3313.64 or 3313.65 of the Revised Code, the department of 18141
education shall adjust the formula ADM of that school district to 18142
include the student in accordance with division (C)(2) of this 18143
section, and shall recalculate the school district's payments 18144
under this chapter for the entire fiscal year on the basis of that 18145
adjusted formula ADM. 18146

       (2) If a student awarded an educational choice scholarship is 18147
not included in the formula ADM of the school district from which 18148
the department deducts funds for the scholarship under section 18149
3310.08 of the Revised Code, the department shall adjust the 18150
formula ADM of that school district to include the student to the 18151
extent necessary to account for the deduction, and shall 18152
recalculate the school district's payments under this chapter for 18153
the entire fiscal year on the basis of that adjusted formula ADM. 18154

       (3) If a student awarded a scholarship under the Jon Peterson 18155
special needs scholarship program is not included in the formula 18156
ADM of the school district from which the department deducts funds 18157
for the scholarship under section 3310.55 of the Revised Code, the 18158
department shall adjust the formula ADM of that school district to 18159
include the student to the extent necessary to account for the 18160
deduction, and shall recalculate the school district's payments 18161
under this chapter for the entire fiscal year on the basis of that 18162
adjusted formula ADM. 18163

       (G)(1)(a) The superintendent of an institution operating a 18164
special education program pursuant to section 3323.091 of the 18165
Revised Code shall, for the programs under such superintendent's 18166
supervision, certify to the state board of education, in the 18167
manner prescribed by the superintendent of public instruction, 18168
both of the following:18169

       (i) The unduplicated count of the number of all children with 18170
disabilities other than preschool children with disabilities 18171
receiving services at the institution for each category of 18172
disability described in divisions (A) to (F) of section 3317.013 18173
of the Revised Code adjusted for the portion of the year each 18174
child is so enrolled;18175

       (ii) The unduplicated count of the number of all preschool 18176
children with disabilities in classes or programs for whom the 18177
district is eligible to receive funding under section 3317.0213 of 18178
the Revised Code adjusted for the portion of the year each child 18179
is so enrolled, reported according to the categories prescribed in 18180
section 3317.013 of the Revised Code.18181

       (b) The superintendent of an institution with 18182
career-technical education units approved under section 3317.05 of 18183
the Revised Code shall, for the units under the superintendent's 18184
supervision, certify to the state board of education the 18185
enrollment in those units, in the manner prescribed by the 18186
superintendent of public instruction.18187

       (2) The superintendent of each county DD board that maintains 18188
special education classes under section 3317.20 of the Revised 18189
Code or provides services to preschool children with disabilities 18190
pursuant to an agreement between the DD board and the appropriate 18191
school district shall do both of the following:18192

       (a) Certify to the state board, in the manner prescribed by 18193
the board, the enrollment in classes under section 3317.20 of the 18194
Revised Code for each school district that has placed children in 18195
the classes;18196

       (b) Certify to the state board, in the manner prescribed by 18197
the board, the unduplicated count of the number of all preschool 18198
children with disabilities enrolled in classes for which the DD 18199
board is eligible to receive funding under section 3317.0213 of 18200
the Revised Code adjusted for the portion of the year each child 18201
is so enrolled, reported according to the categories prescribed in 18202
section 3317.013 of the Revised Code, and the number of those 18203
classes.18204

       (H) Except as provided in division (I) of this section, when 18205
any city, local, or exempted village school district provides 18206
instruction for a nonresident pupil whose attendance is 18207
unauthorized attendance as defined in section 3327.06 of the 18208
Revised Code, that pupil's enrollment shall not be included in 18209
that district's enrollment figure used in calculating the 18210
district's payments under this chapter. The reporting official 18211
shall report separately the enrollment of all pupils whose 18212
attendance in the district is unauthorized attendance, and the 18213
enrollment of each such pupil shall be credited to the school 18214
district in which the pupil is entitled to attend school under 18215
division (B) of section 3313.64 or section 3313.65 of the Revised 18216
Code as determined by the department of education.18217

       (I)(1) A city, local, exempted village, or joint vocational 18218
school district admitting a scholarship student of a pilot project 18219
district pursuant to division (C) of section 3313.976 of the 18220
Revised Code may count such student in its enrollment.18221

       (2) In any year for which funds are appropriated for pilot 18222
project scholarship programs, a school district implementing a 18223
state-sponsored pilot project scholarship program that year 18224
pursuant to sections 3313.974 to 3313.979 of the Revised Code may 18225
count in its enrollment:18226

       (a) All children residing in the district and utilizing a 18227
scholarship to attend kindergarten in any alternative school, as 18228
defined in section 3313.974 of the Revised Code;18229

       (b) All children who were enrolled in the district in the 18230
preceding year who are utilizing a scholarship to attend an 18231
alternative school.18232

       (J) The superintendent of each cooperative education school 18233
district shall certify to the superintendent of public 18234
instruction, in a manner prescribed by the state board of 18235
education, the applicable enrollments for all students in the 18236
cooperative education district, also indicating the city, local, 18237
or exempted village district where each pupil is entitled to 18238
attend school under section 3313.64 or 3313.65 of the Revised 18239
Code.18240

       (K) If the superintendent of public instruction determines 18241
that a component of the enrollment certified or reported by a 18242
district superintendent, or other reporting entity, is not 18243
correct, the superintendent of public instruction may order that 18244
the formula ADM used for the purposes of payments under any 18245
section of Title XXXIII of the Revised Code be adjusted in the 18246
amount of the error.18247

       Sec. 3317.162.  (A)(1) If the lead district of a 18248
career-technical planning district enters into an agreement with a 18249
private entity under division (C) of section 3313.90 of the 18250
Revised Code, the lead district may apply to the department of 18251
education for additional funds to assist with paying for the cost 18252
of the apprenticeship program provided by the private entity. 18253

       (2) A lead district shall be eligible to apply for these 18254
additional funds if its agreement with the private entity 18255
specifies both of the following:18256

       (a) A process for students to receive at least one year of 18257
credit toward completion of the private entity's apprenticeship 18258
program;18259

       (b) The amount that the district will pay the private entity 18260
for each student that participates in the private entity's 18261
apprenticeship program.18262

       (B) Upon submission of an application for the funds and a 18263
copy of the contract with the provisions specified in division 18264
(A)(2) of this section, the lead district shall be eligible to 18265
receive, and the department shall pay to the lead district, an 18266
additional payment for each full-time equivalent student 18267
participating in the private entity's program. The payment shall 18268
be equal to the lesser of the following:18269

       (1) The amount specified in the contract;18270

       (2) The appropriate career-technical education amount 18271
specified in section 3317.014 of the Revised Code.18272

       Sec. 3319.22.  (A)(1) The state board of education shall 18273
issue the following educator licenses:18274

       (a) A resident educator license, which shall be valid for 18275
four years, except that theand shall be renewable for reasons 18276
specified by rules adopted by the state board pursuant to division 18277
(A)(3) of this section. The state board, on a case-by-case basis, 18278
may extend the license's duration as necessary to enable the 18279
license holder to complete the Ohio teacher residency program 18280
established under section 3319.223 of the Revised Code;18281

       (b) A professional educator license, which shall be valid for 18282
five years and shall be renewable;18283

       (c) A senior professional educator license, which shall be 18284
valid for five years and shall be renewable;18285

       (d) A lead professional educator license, which shall be 18286
valid for five years and shall be renewable.18287

       (2) The state board may issue any additional educator 18288
licenses of categories, types, and levels the board elects to 18289
provide. 18290

       (3) The state board shall adopt rules establishing the 18291
standards and requirements for obtaining each educator license 18292
issued under this section. The rules shall also include the 18293
reasons for which a resident educator license may be renewed under 18294
division (A)(1)(a) of this section.18295

       (B) The rules adopted under this section shall require at 18296
least the following standards and qualifications for the educator 18297
licenses described in division (A)(1) of this section:18298

       (1) An applicant for a resident educator license shall hold 18299
at least a bachelor's degree from an accredited teacher 18300
preparation program or be a participant in the teach for America 18301
program and meet the qualifications required under section 18302
3319.227 of the Revised Code.18303

       (2) An applicant for a professional educator license shall:18304

       (a) Hold at least a bachelor's degree from an institution of 18305
higher education accredited by a regional accrediting 18306
organization;18307

       (b) Have successfully completed the Ohio teacher residency 18308
program established under section 3319.223 of the Revised Code, if 18309
the applicant's current or most recently issued license is a 18310
resident educator license issued under this section or an 18311
alternative resident educator license issued under section 3319.26 18312
of the Revised Code.18313

       (3) An applicant for a senior professional educator license 18314
shall:18315

       (a) Hold at least a master's degree from an institution of 18316
higher education accredited by a regional accrediting 18317
organization;18318

       (b) Have previously held a professional educator license 18319
issued under this section or section 3319.222 or under former 18320
section 3319.22 of the Revised Code;18321

       (c) Meet the criteria for the accomplished or distinguished 18322
level of performance, as described in the standards for teachers 18323
adopted by the state board under section 3319.61 of the Revised 18324
Code.18325

       (4) An applicant for a lead professional educator license 18326
shall:18327

       (a) Hold at least a master's degree from an institution of 18328
higher education accredited by a regional accrediting 18329
organization;18330

       (b) Have previously held a professional educator license or a 18331
senior professional educator license issued under this section or 18332
a professional educator license issued under section 3319.222 or 18333
former section 3319.22 of the Revised Code;18334

       (c) Meet the criteria for the distinguished level of 18335
performance, as described in the standards for teachers adopted by 18336
the state board under section 3319.61 of the Revised Code;18337

       (d) Either hold a valid certificate issued by the national 18338
board for professional teaching standards or meet the criteria for 18339
a master teacher or other criteria for a lead teacher adopted by 18340
the educator standards board under division (F)(4) or (5) of 18341
section 3319.61 of the Revised Code.18342

       (C) The state board shall align the standards and 18343
qualifications for obtaining a principal license with the 18344
standards for principals adopted by the state board under section 18345
3319.61 of the Revised Code. 18346

       (D) If the state board requires any examinations for educator 18347
licensure, the department of education shall provide the results 18348
of such examinations received by the department to the chancellor 18349
of the Ohio board of regents, in the manner and to the extent 18350
permitted by state and federal law.18351

       (E) Any rules the state board of education adopts, amends, or 18352
rescinds for educator licenses under this section, division (D) of 18353
section 3301.07 of the Revised Code, or any other law shall be 18354
adopted, amended, or rescinded under Chapter 119. of the Revised 18355
Code except as follows:18356

       (1) Notwithstanding division (D) of section 119.03 and 18357
division (A)(1) of section 119.04 of the Revised Code, in the case 18358
of the adoption of any rule or the amendment or rescission of any 18359
rule that necessitates institutions' offering preparation programs 18360
for educators and other school personnel that are approved by the 18361
chancellor of the Ohio board of regents under section 3333.048 of 18362
the Revised Code to revise the curriculum of those programs, the 18363
effective date shall not be as prescribed in division (D) of 18364
section 119.03 and division (A)(1) of section 119.04 of the 18365
Revised Code. Instead, the effective date of such rules, or the 18366
amendment or rescission of such rules, shall be the date 18367
prescribed by section 3333.048 of the Revised Code.18368

       (2) Notwithstanding the authority to adopt, amend, or rescind 18369
emergency rules in division (F) of section 119.03 of the Revised 18370
Code, this authority shall not apply to the state board of 18371
education with regard to rules for educator licenses.18372

       (F)(1) The rules adopted under this section establishing 18373
standards requiring additional coursework for the renewal of any 18374
educator license shall require a school district and a chartered 18375
nonpublic school to establish local professional development 18376
committees. In a nonpublic school, the chief administrative 18377
officer shall establish the committees in any manner acceptable to 18378
such officer. The committees established under this division shall 18379
determine whether coursework that a district or chartered 18380
nonpublic school teacher proposes to complete meets the 18381
requirement of the rules. The department of education shall 18382
provide technical assistance and support to committees as the 18383
committees incorporate the professional development standards 18384
adopted by the state board of education pursuant to section 18385
3319.61 of the Revised Code into their review of coursework that 18386
is appropriate for license renewal. The rules shall establish a 18387
procedure by which a teacher may appeal the decision of a local 18388
professional development committee.18389

       (2) In any school district in which there is no exclusive 18390
representative established under Chapter 4117. of the Revised 18391
Code, the professional development committees shall be established 18392
as described in division (F)(2) of this section.18393

       Not later than the effective date of the rules adopted under 18394
this section, the board of education of each school district shall 18395
establish the structure for one or more local professional 18396
development committees to be operated by such school district. The 18397
committee structure so established by a district board shall 18398
remain in effect unless within thirty days prior to an anniversary 18399
of the date upon which the current committee structure was 18400
established, the board provides notice to all affected district 18401
employees that the committee structure is to be modified. 18402
Professional development committees may have a district-level or 18403
building-level scope of operations, and may be established with 18404
regard to particular grade or age levels for which an educator 18405
license is designated.18406

       Each professional development committee shall consist of at 18407
least three classroom teachers employed by the district, one 18408
principal employed by the district, and one other employee of the 18409
district appointed by the district superintendent. For committees 18410
with a building-level scope, the teacher and principal members 18411
shall be assigned to that building, and the teacher members shall 18412
be elected by majority vote of the classroom teachers assigned to 18413
that building. For committees with a district-level scope, the 18414
teacher members shall be elected by majority vote of the classroom 18415
teachers of the district, and the principal member shall be 18416
elected by a majority vote of the principals of the district, 18417
unless there are two or fewer principals employed by the district, 18418
in which case the one or two principals employed shall serve on 18419
the committee. If a committee has a particular grade or age level 18420
scope, the teacher members shall be licensed to teach such grade 18421
or age levels, and shall be elected by majority vote of the 18422
classroom teachers holding such a license and the principal shall 18423
be elected by all principals serving in buildings where any such 18424
teachers serve. The district superintendent shall appoint a 18425
replacement to fill any vacancy that occurs on a professional 18426
development committee, except in the case of vacancies among the 18427
elected classroom teacher members, which shall be filled by vote 18428
of the remaining members of the committee so selected.18429

       Terms of office on professional development committees shall 18430
be prescribed by the district board establishing the committees. 18431
The conduct of elections for members of professional development 18432
committees shall be prescribed by the district board establishing 18433
the committees. A professional development committee may include 18434
additional members, except that the majority of members on each 18435
such committee shall be classroom teachers employed by the 18436
district. Any member appointed to fill a vacancy occurring prior 18437
to the expiration date of the term for which a predecessor was 18438
appointed shall hold office as a member for the remainder of that 18439
term.18440

       The initial meeting of any professional development 18441
committee, upon election and appointment of all committee members, 18442
shall be called by a member designated by the district 18443
superintendent. At this initial meeting, the committee shall 18444
select a chairperson and such other officers the committee deems 18445
necessary, and shall adopt rules for the conduct of its meetings. 18446
Thereafter, the committee shall meet at the call of the 18447
chairperson or upon the filing of a petition with the district 18448
superintendent signed by a majority of the committee members 18449
calling for the committee to meet.18450

       (3) In the case of a school district in which an exclusive 18451
representative has been established pursuant to Chapter 4117. of 18452
the Revised Code, professional development committees shall be 18453
established in accordance with any collective bargaining agreement 18454
in effect in the district that includes provisions for such 18455
committees.18456

       If the collective bargaining agreement does not specify a 18457
different method for the selection of teacher members of the 18458
committees, the exclusive representative of the district's 18459
teachers shall select the teacher members.18460

       If the collective bargaining agreement does not specify a 18461
different structure for the committees, the board of education of 18462
the school district shall establish the structure, including the 18463
number of committees and the number of teacher and administrative 18464
members on each committee; the specific administrative members to 18465
be part of each committee; whether the scope of the committees 18466
will be district levels, building levels, or by type of grade or 18467
age levels for which educator licenses are designated; the lengths 18468
of terms for members; the manner of filling vacancies on the 18469
committees; and the frequency and time and place of meetings. 18470
However, in all cases, except as provided in division (F)(4) of 18471
this section, there shall be a majority of teacher members of any 18472
professional development committee, there shall be at least five 18473
total members of any professional development committee, and the 18474
exclusive representative shall designate replacement members in 18475
the case of vacancies among teacher members, unless the collective 18476
bargaining agreement specifies a different method of selecting 18477
such replacements.18478

       (4) Whenever an administrator's coursework plan is being 18479
discussed or voted upon, the local professional development 18480
committee shall, at the request of one of its administrative 18481
members, cause a majority of the committee to consist of 18482
administrative members by reducing the number of teacher members 18483
voting on the plan.18484

       (G)(1) The department of education, educational service 18485
centers, county boards of developmental disabilities, regional 18486
professional development centers, special education regional 18487
resource centers, college and university departments of education, 18488
head start programs, and the Ohio education computer network may 18489
establish local professional development committees to determine 18490
whether the coursework proposed by their employees who are 18491
licensed or certificated under this section or section 3319.222 of 18492
the Revised Code, or under the former version of either section as 18493
it existed prior to October 16, 2009, meet the requirements of the 18494
rules adopted under this section. They may establish local 18495
professional development committees on their own or in 18496
collaboration with a school district or other agency having 18497
authority to establish them.18498

       Local professional development committees established by 18499
county boards of developmental disabilities shall be structured in 18500
a manner comparable to the structures prescribed for school 18501
districts in divisions (F)(2) and (3) of this section, as shall 18502
the committees established by any other entity specified in 18503
division (G)(1) of this section that provides educational services 18504
by employing or contracting for services of classroom teachers 18505
licensed or certificated under this section or section 3319.222 of 18506
the Revised Code, or under the former version of either section as 18507
it existed prior to October 16, 2009. All other entities specified 18508
in division (G)(1) of this section shall structure their 18509
committees in accordance with guidelines which shall be issued by 18510
the state board.18511

       (2) Any public agency that is not specified in division 18512
(G)(1) of this section but provides educational services and 18513
employs or contracts for services of classroom teachers licensed 18514
or certificated under this section or section 3319.222 of the 18515
Revised Code, or under the former version of either section as it 18516
existed prior to October 16, 2009, may establish a local 18517
professional development committee, subject to the approval of the 18518
department of education. The committee shall be structured in 18519
accordance with guidelines issued by the state board.18520

       Sec. 3319.26. (A) The state board of education shall adopt 18521
rules establishing the standards and requirements for obtaining an 18522
alternative resident educator license for teaching in grades 18523
kindergarten to twelve, or the equivalent, in a designated subject 18524
area or in the area of intervention specialist, as defined by rule 18525
of the state board. The rules shall also include the reasons for 18526
which an alternative resident educator license may be renewed 18527
under division (D) of this section.18528

       (B) The superintendent of public instruction and the 18529
chancellor of the Ohio board of regents jointly shall develop an 18530
intensive pedagogical training institute to provide instruction in 18531
the principles and practices of teaching for individuals seeking 18532
an alternative resident educator license. The instruction shall 18533
cover such topics as student development and learning, pupil 18534
assessment procedures, curriculum development, classroom 18535
management, and teaching methodology. 18536

       (C) The rules adopted under this section shall require 18537
applicants for the alternative resident educator license to 18538
satisfy the following conditions prior to issuance of the license, 18539
but they shall not require applicants to have completed a major in 18540
the subject area for which application is being made:18541

       (1) Hold a minimum of a baccalaureate degree;18542

       (2) Successfully complete the pedagogical training institute 18543
described in division (B) of this section or a summer training 18544
institute provided to participants of a teacher preparation 18545
program that is operated by a nonprofit organization and has been 18546
approved by the chancellor. The chancellor shall approve any such 18547
program that requires participants to hold a bachelor's degree; 18548
have a cumulative undergraduate grade point average of at least 18549
2.5 out of 4.0, or its equivalent; and successfully complete the 18550
program's summer training institute.18551

       (3) Pass an examination in the subject area for which 18552
application is being made. 18553

       (D) An alternative resident educator license shall be valid 18554
for four years, except that theand shall be renewable for reasons 18555
specified by rules adopted by the state board pursuant to division 18556
(A) of this section. The state board, on a case-by-case basis, may 18557
extend the license's duration as necessary to enable the license 18558
holder to complete the Ohio teacher residency program established 18559
under section 3319.223 of the Revised Code.18560

       (E) The rules shall require the holder of an alternative 18561
resident educator license, as a condition of continuing to hold 18562
the license, to do all of the following:18563

       (1) Participate in the Ohio teacher residency program;18564

       (2) Show satisfactory progress in taking and successfully 18565
completing one of the following:18566

       (a) At least twelve additional semester hours, or the 18567
equivalent, of college coursework in the principles and practices 18568
of teaching in such topics as student development and learning, 18569
pupil assessment procedures, curriculum development, classroom 18570
management, and teaching methodology;18571

       (b) Professional development provided by a teacher 18572
preparation program that has been approved by the chancellor under 18573
division (C)(2) of this section.18574

       (3) Take an assessment of professional knowledge in the 18575
second year of teaching under the license.18576

       (F) The rules shall provide for the granting of a 18577
professional educator license to a holder of an alternative 18578
resident educator license upon successfully completing all of the 18579
following:18580

       (1) Four years of teaching under the alternative license;18581

       (2) The additional college coursework or professional 18582
development described in division (E)(2) of this section;18583

       (3) The assessment of professional knowledge described in 18584
division (E)(3) of this section. The standards for successfully 18585
completing this assessment and the manner of conducting the 18586
assessment shall be the same as for any other individual who is 18587
required to take the assessment pursuant to rules adopted by the 18588
state board under section 3319.22 of the Revised Code.18589

       (4) The Ohio teacher residency program;18590

       (5) All other requirements for a professional educator 18591
license adopted by the state board under section 3319.22 of the 18592
Revised Code.18593

       (G) A person who is assigned to teach in this state as a 18594
participant in the teach for America program or who has completed 18595
two years of teaching in another state as a participant in that 18596
program shall be eligible for a license only under section 18597
3319.227 of the Revised Code and shall not be eligible for a 18598
license under this section.18599

       Sec. 3321.03.  As used in this section and section 3321.04 of 18600
the Revised Code, "special education program" means a school or 18601
the educational agency that provides special education and related 18602
services to children with disabilities in accordance with Chapter 18603
3323. of the Revised Code.18604

        Except as provided in this section, the parent of a child of 18605
compulsory school age shall cause such child to attend a school in 18606
the school district in which the child is entitled to attend 18607
school under division (B) or (F) of section 3313.64 or section 18608
3313.65 of the Revised Code, to participate in a special education 18609
program under Chapter 3323. of the Revised Code, or to otherwise 18610
cause the child to be instructed in accordance with law. Every 18611
child of compulsory school age shall attend a school or 18612
participate in a special education program that conforms to the 18613
minimum standards prescribed by the state board of education until 18614
the child:18615

       (A) Receives a diploma granted by the board of education or 18616
other governing authority, successfully completes the curriculum 18617
of any high school, or successfully completes the individualized 18618
education program developed for the student by any high school 18619
pursuant to Chapter 3323. of the Revised Code;18620

       (B) Receives an age and schooling certificate as provided in 18621
section 3331.01 of the Revised Code; or18622

       (C) Is excused from school under standards adopted by the 18623
state board of education pursuant to section 3321.04 of the 18624
Revised Code, or if in need of special education, the child is 18625
excused from such programs pursuant to section 3321.04 of the 18626
Revised Code.18627

       For purposes of this section, a child who is attending an 18628
alternative education program that is specified in the child's 18629
student success plan developed under division (C)(1) of section 18630
3313.6015 of the Revised Code shall be considered to be attending 18631
school in compliance with this section.18632

       Sec. 3321.04.  Notwithstanding division (D) of section 18633
3311.19 and division (D) of section 3311.52 of the Revised Code, 18634
this section does not apply to any joint vocational or cooperative 18635
education school district or its superintendent.18636

       Every parent of any child of compulsory school age who is not 18637
employed under an age and schooling certificate mustshall send 18638
suchthe child to a school or a special education program that 18639
conforms to the minimum standards prescribed by the state board of 18640
education, for the full time the school or program attended is in 18641
session, which shall not be for less than thirty-two weeks per 18642
school year. Such attendance must begin within the first week of 18643
the school term or program or within one week of the date on which 18644
the child begins to reside in the district or within one week 18645
after the child's withdrawal from employment.18646

       For the purpose of operating a school or program on a 18647
trimester plan, "full time the school attended is in session," as 18648
used in this section means the two trimesters to which the child 18649
is assigned by the board of education. For the purpose of 18650
operating a school or program on a quarterly plan, "full time the 18651
school attended is in session," as used in this section, means the 18652
three quarters to which the child is assigned by the board of 18653
education. For the purpose of operating a school or program on a 18654
pentamester plan, "full time the school is in session," as used in 18655
this section, means the four pentamesters to which the child is 18656
assigned by the board of education.18657

       Excuses from future attendance at or past absence from school 18658
or a special education program may be granted for the causes, by 18659
the authorities, and under the following conditions:18660

       (A) The superintendent of the school district in which the 18661
child resides may excuse the child from attendance for any part of 18662
the remainder of the current school year upon satisfactory showing 18663
of either of the following facts:18664

       (1) That the child's bodily or mental condition does not 18665
permit attendance at school or a special education program during 18666
such period; this fact is certified in writing by a licensed 18667
physician or, in the case of a mental condition, by a licensed 18668
physician, a licensed psychologist, licensed school psychologist 18669
or a certificated school psychologist; and provision is made for 18670
appropriate instruction of the child, in accordance with Chapter 18671
3323. of the Revised Code;18672

       (2) That the child is being instructed at home by a person 18673
qualified to teach the branches in which instruction is required, 18674
and such additional branches, as the advancement and needs of the 18675
child may, in the opinion of such superintendent, require. In each 18676
such case the issuing superintendent shall file in the 18677
superintendent's office, with a copy of the excuse, papers showing 18678
how the inability of the child to attend school or a special 18679
education program or the qualifications of the person instructing 18680
the child at home were determined. All such excuses shall become 18681
void and subject to recall upon the removal of the disability of 18682
the child or the cessation of proper home instruction; and 18683
thereupon the child or the child's parents may be proceeded 18684
against after due notice whether such excuse be recalled or not.18685

       (B) The state board of education may adopt rules authorizing 18686
the superintendent of schools of the district in which the child 18687
resides to excuse a child over fourteen years of age from 18688
attendance for a future limited period of time for the purpose of 18689
performing necessary work directly and exclusively for the child's 18690
parents or legal guardians.18691

       All excuses provided for in divisions (A) and (B) of this 18692
section shall be in writing and shall show the reason for excusing 18693
the child. A copy thereof shall be sent to the person in charge of 18694
the child.18695

       (C) The board of education of the school district or the 18696
governing authorities of a private or parochial school may in the 18697
rules governing the discipline in such schools, prescribe the 18698
authority by which and the manner in which any child may be 18699
excused for absence from such school for good and sufficient 18700
reasons.18701

       The state board of education may by rule prescribe conditions 18702
governing the issuance of excuses, which shall be binding upon the 18703
authorities empowered to issue them.18704

       Sec. 3321.07.  If any child attends uponreceives instruction 18705
elsewhere than in a public school such instruction shall be in a 18706
school which conforms to the minimum standards prescribed by the 18707
state board of education. The hours and term of attendance exacted18708
of that school shall be equivalent to the hours and term of 18709
attendance required of children in the public schools of the 18710
district. This section does not require a child to attend a high 18711
school instead of a vocationalcareer-technical, commercial, or 18712
other special type of school, provided the successful completion 18713
of instruction therein is for a term and for hours equivalent to 18714
those of the high school, and provided his attendance at such 18715
school will not interfere with a continuous program of education 18716
for the child to the age of sixteenwill result in the child 18717
receiving a high school diploma, an industry-recognized 18718
credential, or a journeyman certification as recognized by the 18719
United States department of labor.18720

       Sec. 3321.08.  Every child who has been granted an age and 18721
schooling certificate shall, until the age at which such 18722
certificate is no longer required, attend a part-time school or 18723
class for the number of hours not over eight per week that such 18724
school or class is in session,. Such an education program may be18725
provided by the board of education of the school district in which 18726
the child resides or is employed has made such school or class 18727
available. Such attendanceAttendance shall be for the full term 18728
such school or class is in session, and shall begin with the first 18729
week of the school term or within one week after issuance of the 18730
age and schooling certificate. This section does not apply to 18731
children who are employed under vacation and part-time 18732
certificates only. The superintendent of schools may excuse a 18733
child from such attendance for one of the reasons provided in 18734
section 3321.10 of the Revised Code. AFor purposes of this 18735
section, a part-time school or class is one which shall offer, to 18736
those minors who have entered industry, instruction supplemental 18737
to their daily occupations or which will increase their civic and 18738
vocational competence or both and which are taught between the 18739
hours of seven in the morning and six in the afternoon of any day 18740
except a legal holiday, Saturday, or Sunday, or between the hours 18741
of seven in the morning and twelve noon of Saturdayand which 18742
grants a high school diploma to the child upon the child's 18743
successful completion of a course of instruction.18744

       Sec. 3321.09.  Attendance at a part-time school or class, as 18745
defined in section 3321.08 of the Revised Code, provided by an 18746
employer, by a partnership, corporation, or individual, by a 18747
private or parochial school, by a college, or by a philanthropic 18748
or similar agency shall serve in lieu of attendance at a part-time 18749
school or class provided by a board of education in case the given 18750
school or class is conducted for substantially a term and hours 18751
equivalent to those of the part-time schools or classes provided 18752
by the local board, and in caseif the school or class is approved 18753
by the state board of education. When such school or class is 18754
conducted within or in connection with the establishment in which 18755
the child is working, the obligation of attendance at part-time 18756
school or class indicated in section 3321.08 of the Revised Code, 18757
shall apply to the children holding age and schooling certificates 18758
who are employed in the given establishment regardless of the 18759
accessibility of public part-time schools or classes.18760

       Sec. 3324.07.  (A) The board of education of each school 18761
district shall develop a plan for the service of gifted students 18762
enrolled in the district that are identified under section 3324.03 18763
of the Revised Code. Services specified in the plan developed by 18764
each board may include such options as the following:18765

       (1) A differentiated curriculum; 18766

       (2) Cluster grouping; 18767

       (3) Mentorships; 18768

       (4) Accelerated course work; 18769

       (5) The post-secondary enrollment optioncollege credit plus18770
program under Chapter 3365. of the Revised Code; 18771

       (6) Advanced placement; 18772

       (7) Honors classes; 18773

       (8) Magnet schools; 18774

       (9) Self-contained classrooms; 18775

       (10) Independent study; 18776

       (11) Other options identified in rules adopted by the 18777
department of education. 18778

       (B) Each board shall file the plan developed under division 18779
(A) of this section with the department of education by December 18780
15, 2000. The department shall review and analyze each plan to 18781
determine if it is adequate and to make funding estimates.18782

       (C) Unless otherwise required by law, rule, or as a condition 18783
for receipt of funds, school boards may implement the plans 18784
developed under division (A) of this section, but shall not be 18785
required to do so until further action by the general assembly or 18786
the state superintendent of public instruction.18787

       Sec. 3326.36.  The department of education shall reduce the 18788
amounts paid to a science, technology, engineering, and 18789
mathematics school under section 3326.33 of the Revised Code to 18790
reflect payments made to colleges under division (B) of section 18791
3365.07 of the Revised Code or through alternative funding 18792
agreements entered into under rules adopted under section 3365.12 18793
of the Revised Code. A student shall be considered enrolled in the 18794
school for any portion of the school year the student is attending 18795
a college under Chapter 3365. of the Revised Code.18796

       Sec. 3328.24. A college-preparatory boarding school 18797
established under this chapter and its board of trustees shall 18798
comply with sections 102.02, 3301.0710, 3301.0711, 3301.0712, 18799
3301.0714, 3313.6013, 3313.6411, 3319.39, and 3319.391 and Chapter 18800
3365. of the Revised Code as if the school were a school district 18801
and the school's board of trustees were a district board of 18802
education.18803

       Sec. 3331.04.  Whenever an age and schooling certificate is 18804
applied for by a child over sixteen years of age who is unable to 18805
pass a test for the completion of the work of the seventh grade 18806
and who is not so below the normal in mental development that the 18807
child cannot profit from further schoolingparticipating in a 18808
program that, upon successful completion of instruction, will 18809
result in the child receiving an industry-recognized credential, a 18810
journeyman certification as recognized by the United States 18811
department of labor, or full-time employment, an age and schooling 18812
certificate may be issued by the superintendent of schools to such 18813
child upon proof acceptable to such superintendent of the 18814
following facts and upon agreement to the respective conditions 18815
made in writing by the child and by the parents, guardian, or 18816
custodian in charge of such child:18817

       (A) That the child is addicted to no habit which is likely to 18818
detract from the child's reliability or effectiveness as a worker, 18819
or proper use of the child's earnings or leisure, or the 18820
probability of the child's faithfully carrying out the conditions 18821
to which the child agrees as specified in division (B) of this 18822
section, and in addition any one of the following groups of facts:18823

       (1) That the child has been a resident of the school district 18824
for the last two years, has diligently attended upon instruction 18825
at school for the last two years, and is able to read, write, and 18826
perform the fundamental operations of arithmetic. These abilities 18827
shall be judged by the superintendent.18828

       (2) That the child having been a resident of the school 18829
district less than two years, diligently attended upon instruction 18830
in school in the district in which the child was a resident next 18831
preceding the child's residence in the present district for the 18832
last school year preceding the child's removal toresidence in the 18833
present district, and has diligently attended upon instruction in18834
the schools of the present district for the period that the child 18835
has been a resident thereof;18836

       (3) That the child has removed toresided in the present 18837
school district since the beginning of the last annual school 18838
session, and that instruction adapted to the child's needs is not 18839
provided in the regular day schools in the district;18840

       (4) That the child is not sufficiently familiar with the 18841
English language to be properly instructed in the full-time day 18842
schools of the district;18843

       (5) That conditions are such that the child must provide for 18844
the child's own support or the support of the child's own child or 18845
that the child is needed for the support or care of parents or for 18846
the support or care of brothers or sisters for whom the parents 18847
are unable to provide and that the child is desirous of working 18848
for the support or care of self or of the child's own child or of 18849
such parents or siblings and that such child cannot render such 18850
needed support or care by a reasonable effort outside of school 18851
hours; but no age and schooling certificate shall be granted to a 18852
child of this group upon proof of such facts without written 18853
consent given to the superintendent by the juvenile judge and by 18854
the department of job and family services.18855

       (B)(1) In case the certificate is granted under division 18856
(A)(1), (2), (3), or (5) of this section, that until reaching the 18857
age of eighteen years the child will diligently attend in addition 18858
to part-time classes, such evening classes as will add to the 18859
child's education for literacy, citizenship, or vocational 18860
preparation which may be made available to the child in the school 18861
district and which the child may be directed to attend by the 18862
superintendent, or in case no such classes are available, that the 18863
child will pursue such reading and study and report monthly 18864
thereon as may be directed by the superintendent;18865

       (2) In case the certificate is granted under division (A)(4) 18866
of this section, that until the age of eighteen years the child 18867
will attend in addition to part-time classes, such evening classes 18868
as will assist the child to learn the English language or advance 18869
in Americanization which may be made available to the child in the 18870
school district and which the child may be directed to attend by 18871
the superintendent.18872

       Sec. 3333.041.  (A) On or before the last day of December of 18873
each year, the chancellor of the Ohio board of regents shall 18874
submit to the governor and, in accordance with section 101.68 of 18875
the Revised Code, the general assembly a report or reports 18876
concerning all of the following:18877

       (1) The status of graduates of Ohio school districts at state 18878
institutions of higher education during the twelve-month period 18879
ending on the thirtieth day of September of the current calendar 18880
year. The report shall list, by school district, the number of 18881
graduates of each school district who attended a state institution 18882
of higher education and the percentage of each district's 18883
graduates enrolled in a state institution of higher education 18884
during the reporting period who were required during such period 18885
by the college or university, as a prerequisite to enrolling in 18886
those courses generally required for first-year students, to 18887
enroll in a remedial course in English, including composition or 18888
reading, mathematics, and any other area designated by the 18889
chancellor. The chancellor also shall make the information 18890
described in division (A)(1) of this section available to the 18891
board of education of each city, exempted village, and local 18892
school district.18893

       Each state institution of higher education shall, by the 18894
first day of November of each year, submit to the chancellor in 18895
the form specified by the chancellor the information the 18896
chancellor requires to compile the report.18897

       (2) Aggregate academic growth data for students assigned to 18898
graduates of teacher preparation programs approved under section 18899
3333.048 of the Revised Code who teach English language arts or 18900
mathematics in any of grades four to eight in a public school in 18901
Ohio. For this purpose, the chancellor shall use the value-added 18902
progress dimension prescribed by section 3302.021 of the Revised 18903
Code or the alternative student academic progress measure if 18904
adopted under division (C)(1)(e) of section 3302.03 of the Revised 18905
Code. The chancellor shall aggregate the data by graduating class 18906
for each approved teacher preparation program, except that if a 18907
particular class has ten or fewer graduates to which this section 18908
applies, the chancellor shall report the data for a group of 18909
classes over a three-year period. In no case shall the report 18910
identify any individual graduate. The department of education 18911
shall share any data necessary for the report with the chancellor.18912

       (3) The following information with respect to the Ohio 18913
tuition trust authority:18914

       (a) The name of each investment manager that is a minority 18915
business enterprise or a women's business enterprise with which 18916
the chancellor contracts;18917

       (b) The amount of assets managed by investment managers that 18918
are minority business enterprises or women's business enterprises, 18919
expressed as a percentage of assets managed by investment managers 18920
with which the chancellor has contracted;18921

       (c) Efforts by the chancellor to increase utilization of 18922
investment managers that are minority business enterprises or 18923
women's business enterprises.18924

       (4) A description of dual enrollmentadvanced standing18925
programs, as defined in section 3313.6013 of the Revised Code, 18926
that are offered by school districts, community schools 18927
established under Chapter 3314. of the Revised Code, STEM schools 18928
established under Chapter 3326. of the Revised Code, 18929
college-preparatory boarding schools established under Chapter 18930
3328. of the Revised Code, and chartered nonpublic high schools. 18931
The chancellor also shall post the information on the chancellor's 18932
web site.18933

        (5) The chancellor's strategy in assigning choose Ohio first 18934
scholarships, as established under section 3333.61 of the Revised 18935
Code, among state universities and colleges and how the actual 18936
awards fit that strategy.18937

        (6) The academic and economic impact of the Ohio 18938
co-op/internship program established under section 3333.72 of the 18939
Revised Code. At a minimum, the report shall include the 18940
following:18941

        (a) Progress and performance metrics for each initiative that 18942
received an award in the previous fiscal year;18943

        (b) Economic indicators of the impact of each initiative, and 18944
all initiatives as a whole, on the regional economies and the 18945
statewide economy;18946

        (c) The chancellor's strategy in allocating awards among 18947
state institutions of higher education and how the actual awards 18948
fit that strategy.18949

       (B) As used in this section:18950

       (1) "Minority business enterprise" has the same meaning as in 18951
section 122.71 of the Revised Code.18952

       (2) "State institution of higher education" and "state 18953
university" have the same meanings as in section 3345.011 of the 18954
Revised Code.18955

       (3) "State university or college" has the same meaning as in 18956
section 3345.12 of the Revised Code.18957

        (4) "Women's business enterprise" means a business, or a 18958
partnership, corporation, limited liability company, or joint 18959
venture of any kind, that is owned and controlled by women who are 18960
United States citizens and residents of this state.18961

       Sec. 3333.048.  (A) Not later than one year after October 16, 18962
2009, the chancellor of the Ohio board of regents and the 18963
superintendent of public instruction jointly shall do the 18964
following:18965

       (1) In accordance with Chapter 119. of the Revised Code, 18966
establish metrics and educator preparation programs for the 18967
preparation of educators and other school personnel and the 18968
institutions of higher education that are engaged in their 18969
preparation. The metrics and educator preparation programs shall 18970
be aligned with the standards and qualifications for educator 18971
licenses adopted by the state board of education under section 18972
3319.22 of the Revised Code and the requirements of the Ohio 18973
teacher residency program established under section 3319.223 of 18974
the Revised Code. The metrics and educator preparation programs 18975
also shall ensure that educators and other school personnel are 18976
adequately prepared to use the value-added progress dimension 18977
prescribed by section 3302.021 of the Revised Code or the 18978
alternative student academic progress measure if adopted under 18979
division (C)(1)(e) of section 3302.03 of the Revised Code.18980

       (2) Provide for the inspection of institutions of higher 18981
education desiring to prepare educators and other school 18982
personnel.18983

       (B) Not later than one year after October 16, 2009, the 18984
chancellor shall approve institutions of higher education engaged 18985
in the preparation of educators and other school personnel that 18986
maintain satisfactory training procedures and records of 18987
performance, as determined by the chancellor.18988

       (C) If the metrics established under division (A)(1) of this 18989
section require an institution of higher education that prepares 18990
teachers to satisfy the standards of an independent accreditation 18991
organization, the chancellor shall permit each institution to 18992
satisfy the standards of either the national council for 18993
accreditation of teacher education or the teacher education 18994
accreditation councilany applicable national educator preparation 18995
accrediting agency recognized by the United States department of 18996
education.18997

       (D) The metrics and educator preparation programs established 18998
under division (A)(1) of this section may require an institution 18999
of higher education, as a condition of approval by the chancellor, 19000
to make changes in the curricula of its preparation programs for 19001
educators and other school personnel.19002

       Notwithstanding division (D) of section 119.03 and division 19003
(A)(1) of section 119.04 of the Revised Code, any metrics, 19004
educator preparation programs, rules, and regulations, or any 19005
amendment or rescission of such metrics, educator preparation 19006
programs, rules, and regulations, adopted under this section that 19007
necessitate institutions offering preparation programs for 19008
educators and other school personnel approved by the chancellor to 19009
revise the curricula of those programs shall not be effective for 19010
at least one year after the first day of January next succeeding 19011
the publication of the said change.19012

       Each institution shall allocate money from its existing 19013
appropriationsrevenue sources to pay the cost of making the 19014
curricular changes.19015

       (E) The chancellor shall notify the state board of the 19016
metrics and educator preparation programs established under 19017
division (A)(1) of this section and the institutions of higher 19018
education approved under division (B) of this section. The state 19019
board shall publish the metrics, educator preparation programs, 19020
and approved institutions with the standards and qualifications 19021
for each type of educator license.19022

       (F) The graduates of institutions of higher education19023
educator preparation programs approved by the chancellor shall be 19024
licensed by the state board in accordance with the standards and 19025
qualifications adopted under section 3319.22 of the Revised Code.19026

       Sec. 3333.0413.  Not later than December 31, 2014, the 19027
chancellor of the Ohio board of regents shall make available, in a 19028
prominent location on the chancellor's web site, a complete 19029
inventory of education programs that focus on workforce 19030
development and training that includes both of the following:19031

       (A) Programs offered by state institutions of higher 19032
education, as defined in section 3345.011 of the Revised Code, 19033
adult career-technical institutions, and all private nonprofit and 19034
for-profit postsecondary institutions operating in the state;19035

       (B) Programs registered with the apprenticeship council 19036
established under Chapter 4139. of the Revised Code.19037

       The chancellor may update this inventory as necessary.19038

       Sec. 3333.164. (A) As used in this section, "state 19039
institution of higher education" has the same meaning as in 19040
section 3345.011 of the Revised Code. 19041

       (B) Not later than December 31, 2014, the chancellor of the 19042
Ohio board of regents shall do all of the following with regard to 19043
the awarding of college credit for military training, experience, 19044
and coursework:19045

       (1) Develop a set of standards and procedures for state 19046
institutions of higher education to utilize in the granting of 19047
college credit for military training, experience, and coursework;19048

       (2) Create a military articulation and transfer assurance 19049
guide for college credit that is earned through military training, 19050
experience, and coursework. The chancellor shall use the current 19051
articulation and transfer policy adopted pursuant to section 19052
3333.16 of the Revised Code as a model in developing this guide.19053

       (3) Create a web site that contains information related to 19054
the awarding of college credit for military training, experience, 19055
and coursework. The web site shall include both of the following:19056

       (a) Standardized resources that address frequently asked 19057
questions regarding the awarding of such credit and related 19058
issues.19059

       (b) A statewide database that shows how specified military 19060
training, experience, and coursework translates to college credit.19061

       (4) Develop a statewide training program that prepares 19062
faculty and staff of state institutions of higher education to 19063
evaluate various military training, experience, and coursework and 19064
to award appropriate equivalent credit. The training program shall 19065
incorporate the best practices of awarding credit for military 19066
experiences, including both the recommendations of the American 19067
council on education and the standards developed by the council 19068
for adult and experiential learning. 19069

       (C) Beginning on July 1, 2015, state institutions of higher 19070
education shall ensure that appropriate equivalent credit is 19071
awarded for military training, experience, and coursework that 19072
meet the standards developed by the chancellor pursuant to this 19073
section.19074

       Sec. 3333.171.  (A) The chancellor of the Ohio board of 19075
regents may enter into a reciprocity agreement with the midwestern 19076
higher education compact whereby the agreement provides for both 19077
of the following:19078

       (1) A participating institution in Ohio may enroll residents 19079
of a participating state in distance education programs at that 19080
institution without attaining prior approval from the appropriate 19081
agency of that participating state.19082

       (2) A participating institution in another state may enroll 19083
Ohio residents in distance education programs at that institution 19084
without attaining prior approval from the chancellor. 19085

       (B) Under the terms of an agreement, the chancellor may do 19086
any of the following:19087

       (1) Apply on behalf of the state of Ohio to become an 19088
eligible state to participate in the agreement;19089

       (2) Designate the board of regents as the lead agency to 19090
ensure that Ohio meets the eligibility requirements of the 19091
agreement, as determined by the midwestern higher education 19092
compact;19093

       (3) Develop criteria and procedures for eligible institutions 19094
in Ohio to apply to participate in the agreement and for their 19095
continued participation in the agreement;19096

       (4) Assess and collect fees, pursuant to rules adopted by the 19097
chancellor under Chapter 119. of the Revised Code, from 19098
participating institutions in Ohio;19099

       (5) Collect annual data, as prescribed by the chancellor or 19100
as required by the midwestern higher education compact, from 19101
participating institutions in Ohio;19102

       (6) Develop a student grievance process to resolve complaints 19103
brought against participating institutions in Ohio in regard to 19104
the distance education programs that are eligible under the terms 19105
of the agreement;19106

       (7) Work collaboratively with the state board of career 19107
colleges and schools to determine the eligibility of institutions 19108
authorized by that agency under section 3332.05 of the Revised 19109
Code for initial and continued participation in the agreement;19110

       (8) Perform other duties and responsibilities as required for 19111
participation in the agreement.19112

       (C) Any eligible institution in Ohio that wishes to 19113
participate in the agreement entered into under this section shall 19114
first attain approval for inclusion in the agreement from the 19115
chancellor. Thereafter, a participating institution in Ohio shall 19116
attain approval from the chancellor for any new distance education 19117
programs offered by that institution prior to enrolling residents 19118
of a participating state in such programs under the terms of the 19119
agreement.19120

       (D) All other post-secondary activity that requires the 19121
chancellor's approval and is not included under the terms of the 19122
agreement entered into under this section is subject to the 19123
chancellor's review and approval pursuant to Chapters 1713. and 19124
3333. of the Revised Code.19125

       (E) The chancellor may terminate the agreement entered into 19126
under this section or remove the board of regents as the lead 19127
agency on the agreement, if the chancellor determines that the 19128
agreement is not in the best interest of the state or the board.19129

       (F) For purposes of this section:19130

       (1) "Eligible institution in Ohio" is any of the following 19131
types of institutions, as long as it is degree-granting and is 19132
accredited by an accrediting agency recognized by the United 19133
States secretary of education:19134

       (a) A state institution of higher education as defined in 19135
section 3345.011 of the Revised Code;19136

       (b) An Ohio institution of higher education that has received 19137
a certificate of authorization pursuant to Chapter 1713. of the 19138
Revised Code;19139

       (c) An Ohio institution of higher education authorized by the 19140
state board of career colleges and schools under section 3332.05 19141
of the Revised Code;19142

       (2) "Participating institution in Ohio" is any "eligible 19143
institution in Ohio" that has been approved by the chancellor for 19144
participation in the agreement entered into under this section.19145

       (3) "Participating institution in another state" is any 19146
institution of higher education that is located outside of Ohio 19147
that meets the eligibility requirements under the terms of a 19148
similar reciprocity agreement and is approved by the appropriate 19149
agency of that institution's home state to participate in an 19150
agreement entered into with the midwestern higher education 19151
compact, the New England board of higher education, the southern 19152
regional education board, or the western interstate commission for 19153
higher education.19154

       Sec. 3333.33. (A) A community college established under 19155
Chapter 3354. of the Revised Code, state community college 19156
established under Chapter 3358. of the Revised Code, or technical 19157
college established under Chapter 3357. of the Revised Code may 19158
establish a tuition guarantee program, subject to approval of the 19159
chancellor of the Ohio board of regents.19160

        (B) The chancellor shall establish guidelines for the board 19161
of trustees of a community college, state community college, or 19162
technical college to follow when developing a tuition guarantee 19163
program and submitting applications to the chancellor.19164

       Sec. 3333.35.  The state board of education and the 19165
chancellor of the Ohio board of regents shall strive to reduce 19166
unnecessary student remediation costs incurred by colleges and 19167
universities in this state, increase overall access for students 19168
to higher education, enhance the post-secondary enrollment options19169
college credit plus program in accordance with Chapter 3365. of 19170
the Revised Code, and enhance the alternative resident educator 19171
licensure program in accordance with section 3319.26 of the 19172
Revised Code.19173

       Sec. 3333.43.  This section does not apply to any 19174
baccalaureate degree program that is a cooperative education 19175
program, as defined in section 3333.71 of the Revised Code.19176

       (A) The chancellor of the Ohio board of regents shall require 19177
all state institutions of higher education that offer 19178
baccalaureate degrees, as a condition of reauthorization for 19179
certification of each baccalaureate program offered by the 19180
institution, to submit a statement describing how each major for 19181
which the school offers a baccalaureate degree may be completed 19182
within three academic years. The chronology of the statement shall 19183
begin with the fall semester of a student's first year of the 19184
baccalaureate program.19185

       (B) The statement required under this section may include, 19186
but not be limited to, any of the following methods to contribute 19187
to earning a baccalaureate degree in three years:19188

       (1) Advanced placement credit;19189

       (2) International baccalaureate program credit;19190

       (3) A waiver of degree and credit-hour requirements by 19191
completion of courses that are widely available at community 19192
colleges in the state or through online programs offered by state 19193
institutions of higher education or private nonprofit institutions 19194
of higher education holding certificates of authorization under 19195
Chapter 1713. of the Revised Code, and through courses taken by 19196
the student through the post-secondary enrollment optionscollege 19197
credit plus program under Chapter 3365. of the Revised Code;19198

       (4) Completion of coursework during summer sessions;19199

       (5) A waiver of foreign-language degree requirements based on 19200
a proficiency examination specified by the institution.19201

       (C)(1) Not later than October 15, 2012, each state 19202
institution of higher education shall provide statements required 19203
under this section for ten per cent of all baccalaureate degree 19204
programs offered by the institution.19205

       (2) Not later than June 30, 2014, each state institution of 19206
higher education shall provide statements required under this 19207
section for sixty per cent of all baccalaureate degree programs 19208
offered by the institution.19209

       (D) Each state institution of higher education required to 19210
submit statements under this section shall post its three-year 19211
option on its web site and also provide that information to the 19212
department of education. The department shall distribute that 19213
information to the superintendent, high school principal, and 19214
guidance counselor, or equivalents, of each school district, 19215
community school established under Chapter 3314. of the Revised 19216
Code, and STEM school established under Chapter 3326. of the 19217
Revised Code.19218

       (E) Nothing in this section requires an institution to take 19219
any action that would violate the requirements of any independent 19220
association accrediting baccalaureate degree programs.19221

       Sec. 3333.44.  The chancellor of the Ohio board of regents 19222
shall designate a postsecondary globalization liaison to work with 19223
state institutions of higher education, as defined in section 19224
3345.011 of the Revised Code, other state agencies, and 19225
representatives of the business community to enhance the state's 19226
globalization efforts.19227

        The chancellor may designate a person already employed by the 19228
chancellor as the liaison.19229

       Sec. 3333.86.  The chancellor of the Ohio board of regents 19230
may determine the manner in which a course included in the 19231
clearinghouse may be offered as a dual enrollmentan advanced 19232
standing program as defined in section 3313.6013 of the Revised 19233
Code, may be offered to students who are enrolled in nonpublic 19234
schools or are instructed at home pursuant to section 3321.04 of 19235
the Revised Code, or may be offered at times outside the normal 19236
school day or school week, including any necessary additional fees 19237
and methods of payment for a course so offered.19238

       Sec. 3333.90. (A) The chancellor of the Ohio board of regents 19239
shall establish a course and program sharing network that enables 19240
members of the university system of Ohio and adult career centers 19241
to share curricula for existing courses and academic programs with 19242
one another. The purpose of the network shall be to increase 19243
course availability across the state and to avoid unnecessary 19244
course duplication through the sharing of existing curricula.19245

        (B) The chancellor shall adopt rules to administer the course 19246
and program sharing network established under this section.19247

        (C) As used in this section, "member of the university system 19248
of Ohio" has the same meaning as in section 3345.011 of the 19249
Revised Code. 19250

       Sec. 3333.91. Not later than December 31, 2014, the 19251
governor's office of workforce transformation, in collaboration 19252
with the chancellor of the Ohio board of regents, the 19253
superintendent of public instruction, and the department of job 19254
and family services, shall develop and submit to the appropriate 19255
federal agency a single, integrated state plan for the adult basic 19256
and literacy education program administered by the United States 19257
secretary of education, the "Carl D. Perkins Vocational and 19258
Technical Education Act," 20 U.S.C. 2301, et seq., as amended, and 19259
the "Workforce Investment Act of 1998," 29 U.S.C. 2801, et seq., 19260
as amended. Following the plan's initial submission to the 19261
appropriate federal agency, the governor's office of workforce 19262
transformation may update it as necessary. If the plan is updated, 19263
the governor's office of workforce transformation shall submit the 19264
updated plan to the appropriate federal agency.19265

       Sec. 3345.06.  (A) Subject to divisions (B) and (C) of this 19266
section, a graduate of the twelfth grade shall be entitled to 19267
admission without examination to any college or university which 19268
is supported wholly or in part by the state, but for unconditional 19269
admission may be required to complete such units not included in 19270
the graduate's high school course as may be prescribed, not less 19271
than two years prior to the graduate's entrance, by the faculty of 19272
the institution.19273

       (B) Beginning with the 2014-2015 academic year, each state 19274
university listed in section 3345.011 of the Revised Code, except 19275
for Central state university, Shawnee state university, and 19276
Youngstown state university, shall permit a resident of this state 19277
who entered ninth grade for the first time on or after July 1, 19278
2010, to begin undergraduate coursework at the university only if 19279
the person has successfully completed the Ohio core curriculum for 19280
high school graduation prescribed in division (C) of section 19281
3313.603 of the Revised Code, unless one of the following applies:19282

       (1) The person has earned at least ten semester hours, or the 19283
equivalent, at a community college, state community college, 19284
university branch, technical college, or another post-secondary 19285
institution except a state university to which division (B) of 19286
this section applies, in courses that are college-credit-bearing 19287
and may be applied toward the requirements for a degree. The 19288
university shall grant credit for successful completion of those 19289
courses pursuant to any applicable articulation and transfer 19290
policy of the Ohio board of regents or any agreements the 19291
university has entered into in accordance with policies and 19292
procedures adopted under section 3333.16, 3313.1613333.161, or 19293
3333.162 of the Revised Code. The university may count college 19294
credit that the student earned while in high school through the 19295
post-secondary enrollment optionscollege credit plus program 19296
under Chapter 3365. of the Revised Code, or through other dual 19297
enrollmentadvanced standing programs, toward the requirements of 19298
division (B)(1) of this section if the credit may be applied 19299
toward a degree.19300

       (2) The person qualified to graduate from high school under 19301
division (D) or (F) of section 3313.603 of the Revised Code and 19302
has successfully completed the topics or courses that the person 19303
lacked to graduate under division (C) of that section at any 19304
post-secondary institution or at a summer program at the state 19305
university. A state university may admit a person for enrollment 19306
contingent upon completion of such topics or courses or summer 19307
program.19308

       (3) The person met the high school graduation requirements by 19309
successfully completing the person's individualized education 19310
program developed under section 3323.08 of the Revised Code.19311

       (4) The person is receiving or has completed the final year 19312
of instruction at home as authorized under section 3321.04 of the 19313
Revised Code, or has graduated from a nonchartered, nonpublic 19314
school in Ohio, and demonstrates mastery of the academic content 19315
and skills in reading, writing, and mathematics needed to 19316
successfully complete introductory level coursework at an 19317
institution of higher education and to avoid remedial coursework.19318

       (5) The person is a high school student participating in the 19319
post-secondary enrollment optionscollege credit plus program 19320
under Chapter 3365. of the Revised Code or another dual enrollment19321
advanced standing program.19322

       (C) A state university subject to division (B) of this 19323
section may delay admission for or admit conditionally an 19324
undergraduate student who has successfully completed the Ohio core 19325
curriculum if the university determines the student requires 19326
academic remedial or developmental coursework. The university may 19327
delay admission pending, or make admission conditional upon, the 19328
student's successful completion of the academic remedial or 19329
developmental coursework at a university branch, community 19330
college, state community college, or technical college.19331

       (D) This section does not deny the right of a college of law, 19332
medicine, or other specialized education to require college 19333
training for admission, or the right of a department of music or 19334
other art to require particular preliminary training or talent.19335

       Sec. 3345.42.  Not later than December 31, 2014, the board of 19336
trustees of each state institution of higher education, as defined 19337
in section 3345.011 of the Revised Code, shall do both of the 19338
following:19339

       (A) Designate at least one person employed by the institution 19340
to serve as the contact person for veterans affairs. This person 19341
shall assist and advise veterans on issues related to earning 19342
college credit for military training, experience, and coursework. 19343

       (B) Adopt a policy regarding the support and assistance the 19344
institution will provide to veterans.19345

       The chancellor of the Ohio board of regents shall provide 19346
guidance to state institutions of higher education in their 19347
compliance with this section, including the recommendation of 19348
standardized policies on support and assistance to veterans.19349

       Sec. 3345.43. (A) Not later than December 31, 2014, and 19350
continuing thereafter, each state institution of higher education, 19351
as defined in section 3345.011 of the Revised Code, shall provide 19352
a student who is either a veteran or a service member with 19353
priority for course registration.19354

       (B) As used in this section:19355

       (1) "Service member" means a person who is serving in the 19356
armed forces of the United States.19357

        (2) "Veteran" means any person who has completed service in 19358
the armed forces, including the national guard of any state or a 19359
reserve component of the armed forces, and who has been discharged 19360
under honorable conditions from the armed forces or who has been 19361
transferred to the reserve with evidence of satisfactory service. 19362

       Sec. 3345.44. Not later than December 31, 2014, the board of 19363
trustees or managing authority of each state institution of higher 19364
education, as defined in section 3345.011 of the Revised Code, 19365
shall establish an appeals procedure for students who are veterans 19366
for resolving disputes regarding the awarding of college credit 19367
for military experience.19368

       Sec. 3345.46. (A) On or after December 31, 2014, no state 19369
institution of higher education, as defined in section 3345.011 of 19370
the Revised Code, shall charge a student who is a veteran or a 19371
service member any fee for the evaluation of, transcription of, or 19372
application for college credit for military experience. 19373

       (B) As used in this section:19374

        (1) "Service member" means a person who is serving in the 19375
armed forces of the United States.19376

        (2) "Veteran" means any person who has completed service in 19377
the armed forces, including the national guard of any state or a 19378
reserve component of the armed forces, and who has been discharged 19379
under honorable conditions from the armed forces or who has been 19380
transferred to the reserve with evidence of satisfactory service.19381

       Sec. 3358.06.  (A) The treasurer of each state community 19382
college district shall be its fiscal officer, and the treasurer 19383
shall receive and disburse all funds under the direction of the 19384
college president. No contract of the college's board of trustees 19385
involving the expenditure of money shall become effective until 19386
the treasurer certifies that there are funds of the board 19387
otherwise uncommitted and sufficient to provide therefor.19388

       When the treasurer ceases to hold the office, the treasurer 19389
or the treasurer's legal representative shall deliver to the 19390
treasurer's successor or the president all moneys, books, papers, 19391
and other property of the college.19392

       Before entering upon the discharge of official duties, the 19393
treasurer shall give bond to the state or be insured for the 19394
faithful performance of official duties and the proper accounting 19395
for all moneys coming into the treasurer's care. The amount of the 19396
bond or insurance shall be determined by the board but shall not 19397
be for a sum less than the estimated amount that may come into the 19398
treasurer's control at any time, less any reasonable deductible. 19399
The bond shall be approved by the attorney general.19400

       (B) The board of trustees may provide for the investment of 19401
district funds. Investments may be made in securities of the 19402
United States government or of its agencies or instrumentalities, 19403
the treasurer of state's pooled investment program, obligations of 19404
this state or any political subdivision of this state, 19405
certificates of deposit of any national bank located in this 19406
state, written repurchase agreements with any eligible Ohio 19407
financial institution that is a member of the federal reserve 19408
system or federal home loan bank, money market funds, or bankers 19409
acceptances maturing in two hundred seventy days or less which are 19410
eligible for purchase by the federal reserve system, as a reserve. 19411
Notwithstanding the foregoing or any provision of the Revised Code 19412
to the contrary, the board of trustees of a state community 19413
college district may provide for the investment of district funds 19414
in any manner authorized under section 3345.05 of the Revised 19415
Code.19416

       Sec. 3365.01. As used in this chapter:19417

       (A) "Articulated credit" means post-secondary credit that is 19418
reflected on the official record of a student at an institution of 19419
higher education only upon enrollment at that institution after 19420
graduation from a secondary school.19421

       (B) "Default ceiling amount" means one of the following 19422
amounts, whichever is applicable:19423

       (1) For a participant enrolled in a college operating on a 19424
semester schedule, the amount calculated according to the 19425
following formula:19426



((0.83 X formula amount) / 30)
19428

X number of enrolled credit hours
19429

       (2) For a participant enrolled in a college operating on a 19430
quarter schedule, the amount calculated according to the following 19431
formula:19432



((0.83 X formula amount) / 45)
19434

X number of enrolled credit hours
19435

       (C) "Default floor amount" means twenty-five per cent of the 19436
default ceiling amount.19437

       (D) "Fee" means any course-related fee and any other fee 19438
imposed by the college, but not included in tuition, for 19439
participation in the program established by this chapter.19440

       (E) "Formula amount" has the same meaning as in section 19441
3317.02 of the Revised Code.19442

       (F) "Governing entity" means a board of education of a school 19443
district, a governing authority of a community school established 19444
under Chapter 3314., a governing body of a STEM school established 19445
under Chapter 3326., or a board of trustees of a 19446
college-preparatory boarding school established under Chapter 19447
3328. of the Revised Code.19448

       (G) "Home-instructed participant" means a student who has 19449
been excused from the compulsory attendance law for the purpose of 19450
home instruction under section 3321.04 of the Revised Code, and is 19451
participating in the program established by this chapter.19452

       (H) "Maximum per participant charge amount" means one of the 19453
following amounts, whichever is applicable:19454

       (1) For a participant enrolled in a college operating on a 19455
semester schedule, the amount calculated according to the 19456
following formula:19457

((formula amount / 30)
19458

X number of enrolled credit hours)
19459

- default ceiling amount
19460

       (2) For a participant enrolled in a college operating on a 19461
quarter schedule, the amount calculated according to the following 19462
formula:19463

((formula amount / 45)
19464

X number of enrolled credit hours)
19465

– default ceiling amount
19466

       (I) "Nonpublic secondary school" means a chartered or 19467
nonchartered school for which minimum standards are prescribed by 19468
the state board of education pursuant to division (D) of section 19469
3301.07 of the Revised Code.19470

       (J) "Number of enrolled credit hours" means the number of 19471
credit hours for a course in which a participant is enrolled 19472
during the previous term after the date on which a withdrawal from 19473
a course would have negatively affected the participant's 19474
transcripted grade, as prescribed by the college's established 19475
withdrawal policy.19476

       (K) "Parent" has the same meaning as in section 3313.64 of 19477
the Revised Code.19478

       (L) "Participant" means any student enrolled in a college 19479
under the program established by this chapter.19480

       (M) "Partnering college" means a college with which a public 19481
or nonpublic secondary school has entered into an agreement in 19482
order to offer the program established by this chapter.19483

       (N) "Partnering secondary school" means a public or nonpublic 19484
secondary school with which a college has entered into an 19485
agreement in order to offer the program established by this 19486
chapter.19487

       (O) "Private college" means any of the following:19488

       (1) A nonprofit institution holding a certificate of 19489
authorization pursuant to Chapter 1713. of the Revised Code;19490

       (2) An institution holding a certificate of registration from 19491
the state board of career colleges and schools and program 19492
authorization for an associate or bachelor's degree program issued 19493
under section 3332.05 of the Revised Code;19494

       (3) A private institution exempt from regulation under 19495
Chapter 3332. of the Revised Code as prescribed in section 19496
3333.046 of the Revised Code.19497

       (P) "Public college" means a "state institution of higher 19498
education" in section 3345.011 of the Revised Code, excluding the 19499
northeast Ohio medical university.19500

       (Q) "Public secondary school" means a school serving grades 19501
nine through twelve in a city, local, or exempted village school 19502
district, a joint vocational school district, a community school 19503
established under Chapter 3314., a STEM school established under 19504
Chapter 3326., or a college-preparatory boarding school 19505
established under Chapter 3328. of the Revised Code.19506

       (R) "School year" has the same meaning as in section 3313.62 19507
of the Revised Code.19508

       (S) "Secondary grade" means any of grades nine through 19509
twelve.19510

       (T) "Transcripted credit" means post-secondary credit that is 19511
conferred by an institution of higher education and is reflected 19512
on a student's official record at that institution upon completion 19513
of a course.19514

       Sec. 3365.02. (A) There is hereby established the college 19515
credit plus program under which, beginning with the 2015-2016 19516
school year, a secondary grade student who is a resident of this 19517
state may enroll at a college, on a full- or part-time basis, and 19518
complete nonsectarian, nonremedial courses for high school and 19519
college credit. The program shall govern arrangements in which a 19520
secondary grade student enrolls in a college and, upon successful 19521
completion of coursework taken under the program, receives 19522
transcripted credit from the college, except for any of the 19523
following:19524

       (1) An agreement governing an early college high school 19525
program that meets any of the exemption criteria under division 19526
(E) of section 3313.6013 of the Revised Code;19527

       (2) An advanced placement course or international 19528
baccalaureate diploma course, as described in divisions (A)(2) and 19529
(3) of section 3313.6013 of the Revised Code;19530

       (3) A career-technical education program that is approved by 19531
the department of education under section 3317.161 of the Revised 19532
Code and grants articulated credit to students participating in 19533
that program.19534

       (B) Any student enrolled in a public or nonpublic secondary 19535
school in the student's ninth, tenth, eleventh, or twelfth grade 19536
and any student who has been excused from the compulsory 19537
attendance law for the purpose of home instruction under section 19538
3321.04 of the Revised Code and is the equivalent of a ninth, 19539
tenth, eleventh, or twelfth grade student, may participate in the 19540
program, if the student meets the applicable eligibility criteria 19541
in section 3365.03 of the Revised Code.19542

       (C) All public secondary schools and all public colleges 19543
shall participate in the program and are subject to the 19544
requirements of this chapter. Any nonpublic secondary school or 19545
private college that chooses to participate in the program shall 19546
also be subject to the requirements of this chapter.19547

       (D) The state board of education, in accordance with Chapter 19548
119. of the Revised Code and in consultation with the chancellor 19549
of the Ohio board of regents, shall adopt rules governing the 19550
program.19551

       Sec. 3365.03. (A) A student enrolled in a public or nonpublic 19552
secondary school during the student's ninth, tenth, eleventh, or 19553
twelfth grade school year or a student who has been excused from 19554
the compulsory attendance law for the purpose of home instruction 19555
under section 3321.04 of the Revised Code and is the equivalent of 19556
a ninth, tenth, eleventh, or twelfth grade student, may apply to 19557
and enroll in a college under the college credit plus program.19558

       (1) In order for a public secondary school student to 19559
participate in the program, all of the following criteria shall be 19560
met:19561

       (a) The student or the student's parent shall inform the 19562
principal, or equivalent, of the student's school by the first day 19563
of April of the student's intent to participate in the program 19564
during the following school year. Any student who fails to provide 19565
the notification by the required date may not participate in the 19566
program during the following school year without the written 19567
consent of the principal, or equivalent.19568

       (b) The student shall both:19569

       (i) Apply to a public or a participating private college in 19570
accordance with the college's established procedures for 19571
admission, pursuant to section 3365.05 of the Revised Code;19572

       (ii) Meet the college's established standards for admission 19573
and for course placement, including course-specific capacity 19574
limitations, pursuant to section 3365.05 of the Revised Code.19575

       (c) The student shall elect at the time of enrollment to 19576
participate under either division (A) or (B) of section 3365.06 of 19577
the Revised Code for each course under the program.19578

       (d) The student and the student's parent shall sign a form, 19579
provided by the school, stating that they have received the 19580
counseling required under division (B) of section 3365.04 of the 19581
Revised Code and that they understand the responsibilities they 19582
must assume in the program.19583

       (2) In order for a nonpublic secondary school or 19584
home-instructed student to participate in the program, both of the 19585
following criteria shall be met:19586

       (a) The student shall meet the criteria in divisions 19587
(A)(1)(b) and (c) of this section.19588

       (b) The student shall satisfy all application procedures and 19589
standards established in rules adopted by the state board of 19590
education, in consultation with the chancellor of the Ohio board 19591
of regents, pursuant to section 3365.071 of the Revised Code.19592

       (B) Except as provided for in division (C) of this section 19593
and in sections 3365.031 and 3365.032 of the Revised Code:19594

       (1) No public secondary school shall prohibit a student 19595
enrolled in that school from participating in the program if that 19596
student meets all of the criteria in division (A)(1) of this 19597
section.19598

       (2) No participating nonpublic secondary school shall 19599
prohibit a student enrolled in that school from participating in 19600
the program if the student meets all of the criteria in division 19601
(A)(2) of this section and, if the student is enrolled under 19602
division (B) of section 3365.06 of the Revised Code, the student 19603
is awarded funding from the department in accordance with rules 19604
adopted by the state board, in consultation with the chancellor, 19605
pursuant to section 3365.071 of the Revised Code.19606

       (C) For purposes of this section, during the period of an 19607
expulsion imposed by a public secondary school, a student is 19608
ineligible to apply to enroll in a college under this section, 19609
unless the student is admitted to another public secondary or 19610
participating nonpublic secondary school. If a student is enrolled 19611
in a college under this section at the time the student is 19612
expelled, the student's status for the remainder of the college 19613
term in which the expulsion is imposed shall be determined under 19614
section 3365.032 of the Revised Code.19615

       (D) Upon a student's graduation from high school, 19616
participation in the college credit plus program shall not affect 19617
the student's eligibility at any public college for scholarships 19618
or for other benefits or opportunities that are available to 19619
first-time college students and are awarded by that college, 19620
regardless of the number of credit hours that the student 19621
completed under the program. 19622

       Sec. 3365.06.        Sec. 3365.031.  (A) A student in grade nine may not 19623
enroll in courses under this chapter for which the student elects 19624
under division (B) of section 3365.043365.06 of the Revised Code 19625
to receive credit toward high school graduation for more than the 19626
equivalent of four academic school years. A student enrolling in 19627
courses under this chapter may not enroll in courses in which the 19628
student elects to receive credit toward high school graduation for 19629
more than the equivalent of:19630

       (1) Three academic school years, if the student so enrolls 19631
for the first time in grade ten;19632

       (2) Two academic school years, if the student so enrolls for 19633
the first time in grade eleven;19634

       (3) One academic school year, if the student so enrolls for 19635
the first time in grade twelve. 19636

       These(B) The restrictions prescribed in division (A) of this 19637
section shall be reduced proportionately for any such student who 19638
enrolls in the program during the course of a school year in 19639
accordance with rules adopted under section 3365.02 of the Revised 19640
Code.19641

       (B) In considering the admission of any secondary student, a 19642
college shall give priority to its other students regarding 19643
enrollment in courses. However, once a student has been accepted 19644
in a course as a participant, the institution shall not displace 19645
the participant for another student.19646

       Sec. 3365.041.        Sec. 3365.032.  (A) When a school district 19647
superintendent, the governing authority of a community school, or 19648
the chief administrative officer of a STEMpublic secondary school 19649
expels a student under division (B) of section 3313.66 of the 19650
Revised Code or, for a college-preparatory boarding school 19651
established under Chapter 3328. of the Revised Code, in accordance 19652
with the school's bylaws adopted pursuant to section 3328.13 of 19653
the Revised Code, the district superintendent, governing 19654
authority, or chief administrative officeror equivalent, shall 19655
send a written notice of the expulsion to any college in which the 19656
expelled student is enrolled under section 3365.03 of the Revised 19657
Code at the time the expulsion is imposed. The notice shall 19658
indicate the date the expulsion is scheduled to expire. The notice 19659
also shall indicate whether the district board of education, 19660
community school governing authority, or the STEM school has 19661
adopted a policy under section 3313.613 of the Revised Code or, 19662
for a college-preparatory boarding school, in accordance with the 19663
school's bylaws adopted pursuant to section 3328.13 of the Revised 19664
Code to deny high school credit for post-secondary courses taken 19665
under the college credit plus program during an expulsion. If the 19666
expulsion is extended under division (F) of section 3313.66 of the 19667
Revised Code or, for a college-preparatory boarding school, in 19668
accordance with the school's bylaws adopted pursuant to section 19669
3328.13 of the Revised Code, the district superintendent, 19670
community school governing authority, or STEM school chief 19671
administrative officeror equivalent, shall notify the college of 19672
the extension.19673

       (B) A college may withdraw its acceptance under section 19674
3365.03 of the Revised Code of a student who is expelled from 19675
school under division (B) of section 3313.66 of the Revised Code 19676
or, for a college-preparatory boarding school, in accordance with 19677
the school's bylaws adopted pursuant to section 3328.13 of the 19678
Revised Code. As provided in section 3365.03 of the Revised Code, 19679
regardless of whether the college withdraws its acceptance of the 19680
student for the college term in which the student is expelled, the 19681
student is ineligible to enroll in a college under that section 19682
for subsequent college terms during the period of the expulsion, 19683
unless the student enrolls in another public school district or 19684
community school, or a participating nonpublic school during that 19685
period.19686

       If a college withdraws its acceptance of an expelled student 19687
who elected either option of division (A)(1) or (2) of section 19688
3365.043365.06 of the Revised Code, the college shall refund 19689
tuition and fees paid by the student in the same proportion that 19690
it refunds tuition and fees to students who voluntarily withdraw 19691
from the college at the same time in the term.19692

       If a college withdraws its acceptance of an expelled student 19693
who elected the option of division (B) of section 3365.043365.0619694
of the Revised Code, the public school district, community school, 19695
or STEM school shall not award high school credit for the college 19696
courses in which the student was enrolled at the time the college 19697
withdrew its acceptance, and any reimbursement under section 19698
3365.07 of the Revised Code or through alternative funding 19699
agreements entered into under rules adopted under section 3365.12 19700
of the Revised Code for the student's attendance prior to the 19701
withdrawal shall be the same as would be paid for a student who 19702
voluntarily withdrew from the college at the same time in the 19703
term. If the withdrawal results in the college's receiving no 19704
reimbursement, the college or secondary school may require the 19705
student to return or pay for theany textbooks and materials it 19706
provided the student free of charge under section 3365.08 of the 19707
Revised Code.19708

       (C) When a student who elected the option of division (B) of 19709
section 3365.043365.06 of the Revised Code is expelled under 19710
division (B) of section 3313.66 of the Revised Code or, for a 19711
college-preparatory boarding school, in accordance with the 19712
school's bylaws adopted pursuant to section 3328.13 of the Revised 19713
Code from a public school district, community school, or STEM 19714
school that has adopted a policy under section 3313.613 of the 19715
Revised Code or, for a college-preparatory boarding school, in 19716
accordance with the school's bylaws adopted pursuant to section 19717
3328.13 of the Revised Code to deny high school credit for courses 19718
taken under the college credit plus program during an expulsion, 19719
that election is automatically revoked for all college courses in 19720
which the student is enrolled during the college term in which the 19721
expulsion is imposed. Any reimbursement under section 3365.07 of 19722
the Revised Code or through alternative funding agreements entered 19723
into under rules adopted under section 3365.12 of the Revised Code19724
for the student's attendance prior to the expulsion shall be the 19725
same as would be paid for a student who voluntarily withdrew from 19726
the college at the same time in the term. If the revocation 19727
results in the college's receiving no reimbursement, the college 19728
or secondary school may require the student to return or pay for 19729
theany textbooks and materials it provided the student free of 19730
charge under section 3365.08 of the Revised Code.19731

       NoNot later than five days after receiving an expulsion 19732
notice from the superintendent of a district, the governing 19733
authority of a community school, or the chief administrative 19734
officer of a STEM, or equivalent, of a public school that has 19735
adopted a policy under section 3313.613 of the Revised Code or, 19736
for a college-preparatory boarding school, in accordance with the 19737
school's bylaws adopted pursuant to section 3328.13 of the Revised 19738
Code, the college shall send a written notice to the expelled 19739
student that the student's election of division (B) of section 19740
3365.043365.06 of the Revised Code is revoked. If the college 19741
elects not to withdraw its acceptance of the student, the student 19742
shall pay all applicable tuition and fees for the college courses 19743
and shall pay for theany textbooks and materials that the college 19744
or secondary school provided under section 3365.08 of the Revised 19745
Codeto the student.19746

       Sec. 3365.04. Each public and participating nonpublic 19747
secondary school shall do all of the following with respect to the 19748
college credit plus program:19749

       (A) Provide information about the program prior to the first 19750
day of March of each year to all students enrolled in grades eight 19751
through eleven;19752

       (B) Provide counseling services to students in grades eight 19753
through eleven and to their parents before the students 19754
participate in the program under this chapter to ensure that 19755
students and parents are fully aware of the possible consequences 19756
and benefits of participation. Counseling information shall 19757
include:19758

       (1) Program eligibility;19759

       (2) The process for granting academic credits;19760

       (3) Any necessary financial arrangements for tuition, 19761
textbooks, and fees;19762

       (4) Criteria for any transportation aid;19763

       (5) Available support services;19764

       (6) Scheduling;19765

       (7) Communicating the possible consequences and benefits of 19766
participation, including all of the following:19767

       (a) The consequences of failing or not completing a course 19768
under the program, including the effect on the student's ability 19769
to complete the secondary school's graduation requirements;19770

       (b) The effect of the grade attained in a course under the 19771
program being included in the student's grade point average, as 19772
applicable;19773

       (c) The benefits to the student for successfully completing a 19774
course under the program, including the ability to reduce the 19775
overall costs of, and the amount of time required for, a college 19776
education.19777

       (8) The academic and social responsibilities of students and 19778
parents under the program;19779

       (9) Information about and encouragement to use the counseling 19780
services of the college in which the student intends to enroll;19781

       (10) The standard packet of information for the program 19782
developed by the chancellor of the Ohio board of regents pursuant 19783
to section 3365.15 of the Revised Code;19784

       For a participating nonpublic secondary school, counseling 19785
information shall also include an explanation that funding may be 19786
limited and that not all students who wish to participate may be 19787
able to do so.19788

       (C) Promote the program on the school's web site, including 19789
the details of the school's current agreements with partnering 19790
colleges; 19791

       (D) Schedule at least one informational session per school 19792
year to allow each partnering college that is located within 19793
thirty miles of the school to meet with interested students and 19794
parents. The session shall include the benefits and consequences 19795
of participation and shall outline any changes or additions to the 19796
requirements of the program. If there are no partnering colleges 19797
located within thirty miles of the school, the school shall 19798
coordinate with the closest partnering college to offer an 19799
informational session.19800

       (E) Implement a policy for the awarding of grades and the 19801
calculation of class standing for courses taken under division 19802
(A)(2) or (B) of section 3365.06 of the Revised Code. The policy 19803
adopted under this division shall be equivalent to the school's 19804
current policy for courses taken under the advanced standing 19805
programs described in divisions (A)(2) and (3) of section 19806
3313.6013 of the Revised Code. If the current policy includes 19807
awarding a weighted grade or enhancing a student's class standing 19808
for courses taken under these programs, the policy adopted under 19809
this section shall also provide for these procedures to be applied 19810
to courses taken under the college credit plus program. 19811

       (F) Develop model course pathways, pursuant to section 19812
3365.13 of the Revised Code, and publish the course pathways among 19813
the school's official list of course offerings for the program.19814

       (G) Annually collect, report, and track specified data 19815
related to the program according to data reporting guidelines 19816
adopted by the chancellor and the superintendent of public 19817
instruction pursuant to section 3365.15 of the Revised Code.19818

       Sec. 3365.05. Each public and participating private college 19819
shall do all of the following with respect to the college credit 19820
plus program:19821

       (A) Apply established standards and procedures for admission 19822
to the college and for course placement for participants. When 19823
determining admission and course placement, the college shall do 19824
all of the following:19825

       (1) Consider all available student data that may be an 19826
indicator of college readiness, including grade point average and 19827
end-of-course examination scores, if applicable;19828

       (2) Give priority to its current students regarding 19829
enrollment in courses. However, once a participant has been 19830
accepted into a course, the college shall not displace the 19831
participant for another student.19832

       (3) Adhere to any capacity limitations that the college has 19833
established for specified courses.19834

       (B) Send written notice to a participant, the participant's 19835
parent, the participant's secondary school, and the superintendent 19836
of public instruction, not later than fourteen calendar days prior 19837
to the first day of classes for that term, of the participant's 19838
admission to the college and to specified courses under the 19839
program. 19840

       (C) Provide both of the following, not later than twenty-one 19841
calendar days after the first day of classes for that term, to 19842
each participant, participant's secondary school, and the 19843
superintendent of public instruction:19844

       (1) The courses and hours of enrollment of the participant;19845

       (2) The option elected by the participant under division (A) 19846
or (B) of section 3365.06 of the Revised Code for each course.19847

        The college shall also provide to each partnering school a 19848
roster of participants from that school that are enrolled in the 19849
college and a list of course assignments for each participant.19850

       (D) Promote the program on the college's web site, including 19851
the details of the college's current agreements with partnering 19852
secondary schools. 19853

       (E) Coordinate with each partnering secondary school that is 19854
located within thirty miles of the college to present at least one 19855
informational session per school year for interested students and 19856
parents. The session shall include the benefits and consequences 19857
of participation and shall outline any changes or additions to the 19858
requirements of the program. If there are no partnering schools 19859
located within thirty miles of the college, the college shall 19860
coordinate with the closest partnering school to offer an 19861
informational session.19862

       (F) Assign an academic advisor that is employed by the 19863
college to each participant enrolled in that college. Prior to the 19864
date on which a withdrawal from a course would negatively affect a 19865
participant's transcripted grade, as prescribed by the college's 19866
established withdrawal policy, the college shall ensure that the 19867
academic advisor and the participant meet at least once to discuss 19868
the program and the courses in which the participant is enrolled. 19869

       (G) Do both of the following with regard to high school 19870
teachers that are teaching courses for the college at a secondary 19871
school under the program:19872

       (1) Provide at least one professional development session per 19873
school year;19874

       (2) Conduct at least one classroom observation per school 19875
year for each course that is authorized by the college and taught 19876
by a high school teacher to ensure that the course meets the 19877
quality of a college-level course.19878

       (H) Annually collect, report, and track specified data 19879
related to the program according to data reporting guidelines 19880
adopted by the chancellor and the superintendent of public 19881
instruction pursuant to section 3365.15 of the Revised Code.19882

       Sec. 3365.04.        Sec. 3365.06.  The rules adopted under section 19883
3365.02 of the Revised Code shall provide for students19884
participants to enroll in courses under either of the following 19885
options:19886

       (A) The studentparticipant may elect at the time of 19887
enrollment to be responsible for payment of all tuition and the 19888
cost of all textbooks, materials, and fees associated with the 19889
course. The college shall notify the studentparticipant about 19890
payment of tuition and fees in the customary manner followed by 19891
the college. A studentparticipant electing this option also shall 19892
elect, at the time of enrollment, whether to receive only college 19893
credit or high school credit and college credit for the course.19894

       (1) The studentparticipant may elect to receive only college 19895
credit for the course. Except as provided in section 3365.04119896
3365.032 of the Revised Code, if the studentparticipant19897
successfully completes the course, the college shall award the 19898
studentparticipant full credit for the course, but the board of 19899
education, community school governing authority, STEMgoverning 19900
entity of a public secondary school, or nonpublicthe governing 19901
body of a participating nonpublic secondary school shall not award 19902
the high school credit.19903

        (2) The studentparticipant may elect to receive both high 19904
school credit and college credit for the course. Except as 19905
provided in section 3365.0413365.032 of the Revised Code, if the 19906
studentparticipant successfully completes the course, the college 19907
shall award the studentparticipant full credit for the course and 19908
the board of education, community school governing authority, STEM19909
governing entity of a public school, or the governing body of a 19910
participating nonpublic school shall award the studentparticipant19911
high school credit.19912

       (B) The studentparticipant may elect at the time of 19913
enrollment for each course to have the college reimbursed under 19914
section 3365.07 of the Revised Code or as provided in alternative 19915
funding agreements entered into under rules adopted under section 19916
3365.12 of the Revised Code. Except as provided in section 19917
3365.0413365.032 of the Revised Code, if the studentparticipant19918
successfully completes the course, the college shall award the 19919
studentparticipant full credit for the course,and the board of 19920
education, community school governing authority, STEMgoverning 19921
entity of a public school, or the governing body of a 19922
participating nonpublic school shall award the studentparticipant19923
high school credit, and the college shall be reimbursed in 19924
accordance with section 3365.07 of the Revised Code or alternative 19925
funding agreements entered into under rules adopted under section 19926
3365.12 of the Revised Code. If the participant elects to have the 19927
college reimbursed under this division, the department shall 19928
reimburse the college for the number of enrolled credit hours in 19929
accordance with section 3365.07 of the Revised Code.19930

       When determining a school district's formula ADMenrollment19931
under section 3317.03 of the Revised Code, the time a participant 19932
is attending courses under division (A) of this section shall be 19933
considered as time the participant is not attending or enrolled in 19934
school anywhere, and the time a participant is attending courses 19935
under division (B) of this section shall be considered as time the 19936
participant is attending or enrolled in the district's schools.19937

       Sec. 3365.07.  The department of education shall calculate 19938
and pay state funds to colleges for participants in the college 19939
credit plus program under division (B) of section 3365.06 of the 19940
Revised Code pursuant to this section. For a nonpublic secondary 19941
school or home-instructed participant, the department shall pay 19942
state funds pursuant to this section only if that participant is 19943
awarded funding according to rules adopted by the state board of 19944
education, in consultation with the chancellor of the Ohio board 19945
of regents, pursuant to section 3365.071 of the Revised Code. The 19946
program shall be the sole mechanism by which state funds are paid 19947
to colleges for students to earn college-level credit while 19948
enrolled in a secondary school, with the exception of the programs 19949
listed in division (A) of section 3365.02 of the Revised Code.19950

       (A) For each public or nonpublic secondary school participant 19951
enrolled in a public college:19952

       (1) If no agreement has been entered into under division 19953
(A)(2) of this section, both of the following shall apply:19954

       (a) The department shall pay to the college the applicable 19955
amount as follows:19956

       (i) For a participant enrolled in a college course delivered 19957
on the college campus, at another location operated by the 19958
college, or online, the default ceiling amount;19959

       (ii) For a participant enrolled in a college course delivered 19960
at the participant's secondary school but taught by college 19961
faculty, fifty per cent of the default ceiling amount;19962

       (iii) For a participant enrolled in a college course 19963
delivered at the participant's secondary school and taught by a 19964
high school teacher who has met the credential requirements 19965
established for purposes of the program in rules adopted by the 19966
chancellor of the Ohio board of regents, the default floor amount.19967

       (b) The participant's secondary school shall pay for 19968
textbooks, and the college shall waive payment of all other fees 19969
related to participation in the program.19970

       (2) The governing entity of a participant's secondary school 19971
and the college may enter into an agreement to establish an 19972
alternative payment structure for tuition, textbooks, and fees. 19973
Under such an agreement, payments for each participant made by the 19974
department shall be not less than the default floor amount and not 19975
more than the default ceiling amount.19976

       (3) No participant that is enrolled in a public college shall 19977
be charged for any tuition, textbooks, or other fees related to 19978
participation in the program.19979

       (B) For each public secondary school participant enrolled in 19980
a private college:19981

       (1) If no agreement has been entered into under division 19982
(B)(2) of this section, the department shall pay to the college 19983
the applicable amount calculated in the same manner as in division 19984
(A)(1)(a) of this section.19985

       (2) The governing entity of a participant's secondary school 19986
and the college may enter into an agreement to establish an 19987
alternative payment structure for tuition, textbooks, and fees. 19988
Under such an agreement, payments shall be not less than the 19989
default floor amount and not more than the default ceiling amount. 19990
The agreement may include a stipulation permitting the charging of 19991
a participant. A participant may be charged an amount not to 19992
exceed the maximum per participant charge amount. A participant 19993
may be charged only if all of the following conditions are met:19994

       (a) Payments for the participant made by the department to 19995
the college are not less than the default ceiling amount.19996

       (b) The school provides information to the participant on the 19997
no-cost options available under this chapter.19998

       (c) The participant is not identified as economically 19999
disadvantaged according to rules adopted by the department.20000

       (C) For each nonpublic secondary school participant enrolled 20001
in a private college, the department shall pay to the college the 20002
applicable amount calculated in the same manner as in division 20003
(A)(1)(a) of this section. Payment for costs for the participant 20004
that exceed the amount paid by the department shall be negotiated 20005
by the governing body of the nonpublic secondary school and the 20006
college.20007

       However, under no circumstances shall:20008

       (1) The payments for a participant made by the department 20009
under this division exceed the default ceiling amount.20010

       (2) Any nonpublic secondary school participant, who is 20011
enrolled in that secondary school with a scholarship awarded under 20012
either the educational choice scholarship pilot program, as 20013
prescribed by sections 3310.01 to 3310.17, or the pilot project 20014
scholarship program, as prescribed by sections 3313.974 to 20015
3313.979 of the Revised Code, and who qualifies as a low-income 20016
student under either of those programs, be charged for any 20017
tuition, textbooks, or other fees related to participation in the 20018
college credit plus program.20019

       (D) For each home-instructed participant enrolled in a public 20020
or private college, the department shall pay to the college the 20021
default ceiling amount, if that participant is enrolled in a 20022
college course delivered on the college campus, at another 20023
location operated by the college, or online.20024

       (E) Not later than thirty days after the end of each term, 20025
each college expecting to receive payment for the costs of a 20026
participant under this section shall notify the department of the 20027
number of enrolled credit hours for each participant.20028

       (F) Each January and July, or as soon as possible thereafter, 20029
the department shall make the applicable payments under this 20030
section to each college, which provided proper notification to the 20031
department under division (E) of this section, for the number of 20032
enrolled credit hours for participants enrolled in the college 20033
under division (B) of section 3365.06 of the Revised Code. The 20034
department shall not make any payments to a college under this 20035
section if a participant withdrew from a course prior to the date 20036
on which a withdrawal from the course would have negatively 20037
affected the participant's transcripted grade, as prescribed by 20038
the college's established withdrawal policy.20039

       (1) Payments made for public secondary school participants 20040
under this section shall be deducted from the school foundation 20041
payments made to the participant's school district or, if the 20042
participant is enrolled in a community school, a STEM school, or a 20043
college-preparatory boarding school, from the payments made to 20044
that school under section 3314.08, 3326.33, or 3328.34 of the 20045
Revised Code. If the participant is enrolled in a joint vocational 20046
school district, a portion of the amount shall be deducted from 20047
the payments to the joint vocational school district and a portion 20048
shall be deducted from the payments to the participant's city, 20049
local, or exempted village school district in accordance with the 20050
full-time equivalency of the student's enrollment in each 20051
district. Amounts deducted under division (F)(1) of this section 20052
shall be calculated in accordance with rules adopted by the state 20053
board of education, pursuant to division (B) of section 3365.071 20054
of the Revised Code.20055

       (2) Payments made for nonpublic secondary school and 20056
home-instructed participants under this section shall be deducted 20057
from moneys appropriated by the general assembly for such purpose. 20058
Payments shall be allocated and distributed in accordance with 20059
rules adopted by the state board, in consultation with the 20060
chancellor of the Ohio board of regents, pursuant to division (A) 20061
of section 3365.071 of the Revised Code.20062

       (G) Any public college that enrolls a student under division 20063
(B) of section 3365.06 of the Revised Code may include that 20064
student in the calculation used to determine its state share of 20065
instruction funds appropriated to the Ohio board of regents by the 20066
general assembly.20067

       Sec. 3365.071.  (A) The state board of education, in 20068
accordance with Chapter 119. of the Revised Code and in 20069
consultation with the chancellor of the Ohio board of regents, 20070
shall adopt rules prescribing both of the following:20071

       (1) Application procedures and standards for nonpublic 20072
secondary school and home-instructed students who wish to 20073
participate in the college credit plus program.20074

       (2) A method to allocate and distribute payments under 20075
section 3365.07 of the Revised Code for nonpublic secondary school 20076
and home-instructed participants.20077

       (B) The state board shall also adopt rules establishing a 20078
method to calculate the amounts deducted from a joint vocational 20079
school district and from a participant's city, local, or exempted 20080
village school district for payments under section 3365.07 of the 20081
Revised Code.20082

       Sec. 3365.08.  (A) A college that expects to receive or 20083
receives reimbursement under section 3365.07 of the Revised Code 20084
or through alternative funding agreements entered into under rules 20085
adopted under section 3365.12 of the Revised Code shall furnish to 20086
a participant all textbooks and materials directly related to a 20087
course taken by the participant under division (B) of section 20088
3365.04 of the Revised Code. No college shall charge such 20089
participant for tuition, textbooks, materials, or other fees 20090
directly related to any such course.20091

       (B) No studentparticipant enrolled under this chapter in a 20092
course for which credit toward high school graduation is awarded 20093
shall receive direct financial aid through any state or federal 20094
program.20095

       (C)(B) If a school district provides transportation for 20096
resident school students in grades eleven and twelve under section 20097
3327.01 of the Revised Code, a parent of a pupilparticipant20098
enrolled in a course under division (A)(2) or (B) of section 20099
3365.043365.06 of the Revised Code may apply to the board of 20100
education for full or partial reimbursement for the necessary 20101
costs of transporting the studentparticipant between the 20102
secondary school the studentparticipant attends and the college 20103
in which the studentparticipant is enrolled. Reimbursement may be 20104
paid solely from funds received by the district for pupilstudent20105
transportation under section 3317.0212 of the Revised Code or 20106
other provisions of law. The state board of education shall 20107
establish guidelines, based on financial need, under which a 20108
district may provide such reimbursement.20109

       (D)(C) If a community school provides or arranges 20110
transportation for its pupilsstudents in grades nine through 20111
twelve under section 3314.091 of the Revised Code, a parent of a 20112
pupilparticipant of the community school who is enrolled in a 20113
course under division (A)(2) or (B) of section 3365.043365.06 of 20114
the Revised Code may apply to the governing authority of the 20115
community school for full or partial reimbursement of the 20116
necessary costs of transporting the studentparticipant between 20117
the community school and the college. The governing authority may 20118
pay the reimbursement in accordance with the state board's rules 20119
adopted under division (C)(B) of this section solely from funds 20120
paid to it under section 3314.091 of the Revised Code.20121

       Sec. 3365.11.        Sec. 3365.09. (A) IfExcept as provided for in 20122
division (C) of this section, if the superintendent of the school 20123
district or the chief administrator of the community school or 20124
STEM, or equivalent, of a public secondary school in which a 20125
participant is enrolled determines that the participant has not 20126
attained a passing final grade in a college course in which the 20127
participant enrolled under this chapter, the superintendent, or 20128
chief administrator shallequivalent, may seek reimbursement from 20129
the participant or the participant's parent for the amount of 20130
state funds paid to the college on behalf of the participant for 20131
that college course. The board of education of the school 20132
district, the governing authority of the community school, or the 20133
STEMgoverning entity of a public school, in accordance with 20134
division (C) of section 3313.642 of the Revised Code, may withhold 20135
grades and credits received by the participant for district or 20136
communityhigh school courses taken by the participant until the 20137
participant or the participant's parent provides reimbursement.20138

       (B) IfExcept as provided for in division (C) of this 20139
section, if the chief administrator of thea participating20140
nonpublic school in which a participant is enrolled determines 20141
that the participant has not attained a passing final grade in a 20142
college course in which the participant enrolled under this 20143
chapter, the chief administrator shallmay seek reimbursement from 20144
the participant or the participant's parent for the amount of 20145
state funds paid to the college on behalf of the participant for 20146
enrollment in that college course. Upon the collection of any 20147
funds from a participant or participant's parent under this 20148
division, the chief administrator of a nonpublic school shall send 20149
an amount equal to the funds collected to the superintendent of 20150
public instruction. The superintendent of public instruction shall 20151
credit that amount to the general revenue fund.20152

       (C) Unless the participant was expelled by the school, the 20153
superintendent, or equivalent, or chief administrator shall not 20154
seek reimbursement from a participant or a participant's parent 20155
under division (A) or (B) of this section, if the participant is 20156
identified as economically disadvantaged according to rules 20157
adopted by the department of education.20158

       Sec. 3365.10. (A) Any public or participating nonpublic 20159
secondary school or any public or participating private college, 20160
including a secondary school and an associated college operating 20161
an early college high school program, may apply to the chancellor 20162
of the Ohio board of regents and the superintendent of public 20163
instruction for a waiver from the requirements of the college 20164
credit plus program. The chancellor and the superintendent may 20165
grant a waiver if the school or college meets all criteria set 20166
forth in rules adopted by the chancellor and the superintendent 20167
pursuant to division (C) of this section. 20168

       (B)(1) Except as provided for in division (E) of section 20169
3313.6013 of the Revised Code, any agreement between a public 20170
secondary school and an associated college governing the operation 20171
of an early college high school program shall be subject to the 20172
requirements of the college credit plus program. The chancellor 20173
and the superintendent may grant a waiver under division (A) of 20174
this section for such an agreement only if the agreement does both 20175
of the following:20176

       (a) Includes innovative programming proposed to exclusively 20177
address the needs of underrepresented student subgroups.20178

       (b) Meets all criteria set forth in rules adopted by the 20179
chancellor and the superintendent pursuant to division (C) of this 20180
section.20181

       (2) Any waiver granted under this section for an agreement 20182
governing an early college high school program shall apply only to 20183
that agreement and shall not apply to any other agreement that the 20184
school or college enters into under this chapter.20185

       (C) The chancellor and the superintendent of public 20186
instruction shall jointly adopt rules, in accordance with Chapter 20187
119. of the Revised Code, regarding the granting of waivers under 20188
this section.20189

       (D) As used in this section:20190

       (1) "Associated college" means a public or private college 20191
which has entered into an agreement with a public secondary school 20192
to establish an early college high school program, as described in 20193
section 3313.6013 of the Revised Code, and awards transcripted 20194
credit to students through that program.20195

       (2) "Early college high school program" has the same meaning 20196
as in section 3313.6013 of the Revised Code.20197

       Sec. 3365.11.  Each instructor teaching a course under the 20198
college credit plus program shall meet the credential requirements 20199
set forth in guidelines and procedures established by the 20200
chancellor of the Ohio board of regents. If the guidelines require 20201
high school teachers to take any additional graduate-level 20202
coursework in order to meet the credential requirements, that 20203
coursework shall be applicable to continuing education and 20204
professional development requirements for the renewal of the 20205
teacher's educator license. 20206

       Sec. 3365.05.        Sec. 3365.12. (A) All courses offered under the 20207
college credit plus program shall be the same courses that are 20208
included in the partnering college's course catalogue for 20209
college-level, nonremedial courses and shall apply to at least one 20210
degree or professional certification at the partnering college.20211

       (B)(1) High school credit awarded for courses successfully 20212
completed under this chapter shall count toward the graduation 20213
requirements and subject area requirements of the school district, 20214
community school, STEMpublic secondary school, or participating20215
nonpublic secondary school. If a course comparable to one a 20216
studentparticipant completed at a college is offered by the 20217
district or school, the board or schoolgoverning entity or 20218
governing body shall award comparable credit for the course 20219
completed at the college. If no comparable course is offered by 20220
the district or school, the board or schoolgoverning entity or 20221
governing body shall grant an appropriate number of elective20222
credits in a similar subject area to the studentparticipant.20223

       (2) If there is a dispute between a school district board, a 20224
community school governing authority, or a STEMparticipant's20225
school and a studentparticipant regarding high school credits 20226
granted for a course, the studentparticipant may appeal the 20227
decision to the state board of education. The state board's 20228
decision regarding any high school credits granted under this 20229
section is final.20230

       (C) Evidence of successful completion of each course and the 20231
high school credits awarded by the district or school shall be 20232
included in the student's record. The record shall indicate that 20233
the credits were earned as a participant under this chapter and 20234
shall include the name of the college at which the credits were 20235
earned. The district or school shall determine whether and the 20236
manner in which the grade achieved in a course completed at a 20237
college under division (A)(2) or (B) of section 3365.04 of the 20238
Revised Code will be counted in any cumulative grade point average 20239
maintained for the student.20240

       Sec. 3365.13.  (A) Each public secondary school shall 20241
develop, in consultation with at least one public partnering 20242
college, two model pathways for courses offered under the college 20243
credit plus program. One of the model pathways shall be a 20244
fifteen-credit hour pathway and one shall be a thirty-credit hour 20245
pathway. Each pathway shall include courses which, once completed, 20246
all apply to at least one degree or professional certification 20247
offered at the college. The pathways may be organized by desired 20248
major or career path or may include various core courses required 20249
for a degree or professional certification by the college. The 20250
school shall publish the pathways among the school's official list 20251
of course offerings from which a participant may select.20252

       (B) No participant shall be required to enroll only in the 20253
courses included in a model pathway developed under division (A) 20254
of this section. Instead, the pathways shall serve as samples of 20255
the courses that a participant may take, if desired, to earn 20256
multiple credits toward a specified degree or certification. 20257

       Sec. 3365.15.  The chancellor of the Ohio board of regents 20258
and the superintendent of public instruction jointly shall do all 20259
of the following:20260

       (A) Adopt data reporting guidelines specifying the types of 20261
data that public and participating nonpublic secondary schools and 20262
public and participating private colleges must collect, report, 20263
and track under division (G) of section 3365.04 and division (H) 20264
of section 3365.05 of the Revised Code. The guidelines shall also 20265
include policies and procedures for the collection, reporting, and 20266
tracking of such data. 20267

       (B) Submit a biennial report detailing the status of the 20268
college credit plus program to the governor, the president of the 20269
senate, the speaker of the house of representatives, and the 20270
chairpersons of the education committees of the senate and house 20271
of representatives. The first report shall be submitted not later 20272
than December 31, 2017, and each subsequent report shall be 20273
submitted not later than the thirty-first day of December every 20274
two years thereafter.20275

       (C) Establish a college credit plus advisory committee to 20276
assist in the development of performance metrics and the 20277
monitoring of the program's progress.20278

       The chancellor shall also, in consultation with the 20279
superintendent, create a standard packet of information for the 20280
college credit plus program directed toward students and parents 20281
that are interested in the program.20282

       Sec. 3701.132. The department of health is hereby designated 20283
as the state agency to administerAs used in this section, "WIC 20284
program" means the "special supplemental nutrition program for 20285
women, infants, and children" established under the "Child 20286
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1786, as amended. 20287
The20288

       The department of health is hereby designated as the state 20289
agency to administer the WIC program. The director of health may 20290
adopt rules pursuant to Chapter 119. of the Revised Code as 20291
necessary for administering the WIC program. The rules may include 20292
civil money penalties for violations of the rules.20293

       In determining eligibility for services provided under the 20294
WIC program, the department may use the application form 20295
established under section 5111.0135163.40 of the Revised Code for 20296
the healthy start program. The department may require applicants 20297
to furnish their social security numbers.20298

       If the department determines that a vendor has committed an 20299
act with respect to the WIC program that federal statutes or 20300
regulations or state statutes or rules prohibit, the department 20301
shall take action against the vendor in the manner required by 7 20302
C.F.R. part 246, including imposition of a civil money penalty in 20303
accordance with 7 C.F.R. 246.12, or rules adopted under this 20304
section.20305

       Sec. 3701.34. (A) The Ohio public health advisory board shall 20306
review and make recommendations to the director of health on all 20307
of the following:20308

       (1) Developing and adopting proposed rules under Chapters 20309
3701 and 3717 of the Administrative Code;20310

       (2) Prescribing proposed fees for services provided by the 20311
office of vital statistics and the bureau of environmental health;20312

       (3) Any proposed policy changes that pertain to entities 20313
serving or seeking to serve as vendors under the WIC program, as 20314
defined in section 3701.132 of the Revised Code, that are not 20315
addressed pursuant to division (A)(1) of this section.20316

       (4) Issues to improve public health and increase awareness of 20317
public health issues at the state level, local level, or both;20318

       (4)(5) Any other public health issues that the director 20319
requests the board to consider.20320

       (B) In making recommendations to the director underFor 20321
purposes of division (A)(1) of this section, all of the following 20322
apply: 20323

       (1) Prior to filing a proposed rule with the joint committee 20324
on agency rule review, the department of health shall provide each 20325
board member with a copy of the proposed rule, copies of public 20326
comments received by the department during the public comment 20327
period, and written evidence of stakeholder involvement. 20328

       (2) Prior to board meetings, copies of proposed rules shall 20329
be provided to members. On request of a member, the department 20330
shall ensure that appropriate department employees attend board 20331
meetings to answer questions concerning proposed rules. 20332

       (3)(a) Not later than sixty days after receiving a copy of a 20333
proposed rule, the board shall recommend approval or disapproval 20334
of the rule and submit its recommendation by board action to the 20335
director. In making its recommendation, the board may consider 20336
public comments provided to the department or the board. 20337

       (b) If the board fails to make a recommendation within sixty 20338
days of receiving a copy of the proposed rule, the director may 20339
file the proposed rule.20340

       (4) Except as provided in division (B)(3)(b) of this section, 20341
the director shall consider the board's recommendation before 20342
filing a proposed rule. On request of the board, the director 20343
shall meet with the board to discuss the board's recommendation. 20344

       (5) If the director disagrees with the board's 20345
recommendation, the director shall inform the board in writing of 20346
the director's decision and the reason for the decision prior to 20347
the next quarterly meeting. The director or the director's 20348
designee may meet with the board at the next quarterly meeting to 20349
answer questions regarding why the director disagreed with the 20350
board's recommendation.20351

       (C)(6) To the extent the board believes that a proposed rule 20352
does not comply with requirements established by the joint 20353
committee on agency rule review or the common sense initiative 20354
office, nothing in this section prohibits the board, in carrying 20355
out its duties under division (A)(1) of this section, from 20356
contacting the joint committee on agency rule review or the common 20357
sense initiative office.20358

       (D) In making recommendations under(C) For purposes of20359
division (A)(2) of this section for prescribing proposed fees for 20360
services provided by the bureau of environmental health, the board 20361
and the department shall develop a cost methodology, subject to 20362
approval by the director, regarding proposed fees for services 20363
provided by the department's bureau of environmental health.20364

       (D) For purposes of division (A)(3) of this section, a 20365
proposed WIC program policy change shall be treated as if it were 20366
a proposed rule subject to division (A)(1) of this section and the 20367
board and other entities involved in reviewing and making 20368
recommendations regarding the change may follow all or part of the 20369
procedures described in division (B) of this section.20370

       (E) This section does not apply to the following:20371

       (1) A proposed rule that is to be refiled with the joint 20372
committee on agency rule review solely because of technical or 20373
other nonsubstantive revisions;20374

       (2) The emergency adoption, amendment, or rescission of a 20375
rule under division (F) of section 119.03 of the Revised Code.20376

       Sec. 3701.74.  (A) As used in this section and section 20377
3701.741 of the Revised Code:20378

       (1) "Ambulatory care facility" means a facility that provides 20379
medical, diagnostic, or surgical treatment to patients who do not 20380
require hospitalization, including a dialysis center, ambulatory 20381
surgical facility, cardiac catheterization facility, diagnostic 20382
imaging center, extracorporeal shock wave lithotripsy center, home 20383
health agency, inpatient hospice, birthing center, radiation 20384
therapy center, emergency facility, and an urgent care center. 20385
"Ambulatory care facility" does not include the private office of 20386
a physician or dentist, whether the office is for an individual or 20387
group practice.20388

       (2) "Chiropractor" means an individual licensed under Chapter 20389
4734. of the Revised Code to practice chiropractic.20390

       (3) "Emergency facility" means a hospital emergency 20391
department or any other facility that provides emergency medical 20392
services.20393

       (4) "Health care practitioner" means all of the following:20394

       (a) A dentist or dental hygienist licensed under Chapter 20395
4715. of the Revised Code;20396

       (b) A registered or licensed practical nurse licensed under 20397
Chapter 4723. of the Revised Code;20398

       (c) An optometrist licensed under Chapter 4725. of the 20399
Revised Code;20400

       (d) A dispensing optician, spectacle dispensing optician, 20401
contact lens dispensing optician, or spectacle-contact lens 20402
dispensing optician licensed under Chapter 4725. of the Revised 20403
Code;20404

       (e) A pharmacist licensed under Chapter 4729. of the Revised 20405
Code;20406

       (f) A physician;20407

       (g) A physician assistant authorized under Chapter 4730. of 20408
the Revised Code to practice as a physician assistant;20409

       (h) A practitioner of a limited branch of medicine issued a 20410
certificate under Chapter 4731. of the Revised Code;20411

       (i) A psychologist licensed under Chapter 4732. of the 20412
Revised Code;20413

       (j) A chiropractor;20414

       (k) A hearing aid dealer or fitter licensed under Chapter 20415
4747. of the Revised Code;20416

       (l) A speech-language pathologist or audiologist licensed 20417
under Chapter 4753. of the Revised Code;20418

       (m) An occupational therapist or occupational therapy 20419
assistant licensed under Chapter 4755. of the Revised Code;20420

       (n) A physical therapist or physical therapy assistant 20421
licensed under Chapter 4755. of the Revised Code;20422

       (o) A professional clinical counselor, professional 20423
counselor, social worker, or independent social worker licensed, 20424
or a social work assistant registered, under Chapter 4757. of the 20425
Revised Code;20426

       (p) A dietitian licensed under Chapter 4759. of the Revised 20427
Code;20428

       (q) A respiratory care professional licensed under Chapter 20429
4761. of the Revised Code;20430

       (r) An emergency medical technician-basic, emergency medical 20431
technician-intermediate, or emergency medical technician-paramedic 20432
certified under Chapter 4765. of the Revised Code.20433

       (5) "Health care provider" means a hospital, ambulatory care 20434
facility, long-term care facility, pharmacy, emergency facility, 20435
or health care practitioner.20436

       (6) "Hospital" has the same meaning as in section 3727.01 of 20437
the Revised Code.20438

       (7) "Long-term care facility" means a nursing home, 20439
residential care facility, or home for the aging, as those terms 20440
are defined in section 3721.01 of the Revised Code; a residential 20441
facility licensed under section 5119.34 of the Revised Code that 20442
provides accommodations, supervision, and personal care services 20443
for three to sixteen unrelated adults; a nursing facility, as 20444
defined in section 5165.01 of the Revised Code; a skilled nursing 20445
facility, as defined in section 5165.01 of the Revised Code; and 20446
an intermediate care facility for individuals with intellectual 20447
disabilities, as defined in section 5124.01 of the Revised Code.20448

       (8) "Medical record" means data in any form that pertains to 20449
a patient's medical history, diagnosis, prognosis, or medical 20450
condition and that is generated and maintained by a health care 20451
provider in the process of the patient's health care treatment.20452

       (9) "Medical records company" means a person who stores, 20453
locates, or copies medical records for a health care provider, or 20454
is compensated for doing so by a health care provider, and charges 20455
a fee for providing medical records to a patient or patient's 20456
representative.20457

       (10) "Patient" means either of the following:20458

       (a) An individual who received health care treatment from a 20459
health care provider;20460

       (b) A guardian, as defined in section 1337.11 of the Revised 20461
Code, of an individual described in division (A)(10)(a) of this 20462
section.20463

       (11) "Patient's personal representative" means a minor 20464
patient's parent or other person acting in loco parentis, a 20465
court-appointed guardian, or a person with durable power of 20466
attorney for health care for a patient, the executor or 20467
administrator of the patient's estate, or the person responsible 20468
for the patient's estate if it is not to be probated. "Patient's 20469
personal representative" does not include an insurer authorized 20470
under Title XXXIX of the Revised Code to do the business of 20471
sickness and accident insurance in this state, a health insuring 20472
corporation holding a certificate of authority under Chapter 1751. 20473
of the Revised Code, or any other person not named in this 20474
division.20475

       (12) "Pharmacy" has the same meaning as in section 4729.01 of 20476
the Revised Code.20477

       (13) "Physician" means a person authorized under Chapter 20478
4731. of the Revised Code to practice medicine and surgery, 20479
osteopathic medicine and surgery, or podiatric medicine and 20480
surgery.20481

       (14) "Authorized person" means a person to whom a patient has 20482
given written authorization to act on the patient's behalf 20483
regarding the patient's medical record.20484

       (B) A patient, a patient's personal representative, or an 20485
authorized person who wishes to examine or obtain a copy of part 20486
or all of a medical record shall submit to the health care 20487
provider a written request signed by the patient, personal 20488
representative, or authorized person dated not more than one year 20489
before the date on which it is submitted. The request shall 20490
indicate whether the copy is to be sent to the requestor, 20491
physician or chiropractor, or held for the requestor at the office 20492
of the health care provider. Within a reasonable time after 20493
receiving a request that meets the requirements of this division 20494
and includes sufficient information to identify the record 20495
requested, a health care provider that has the patient's medical 20496
records shall permit the patient to examine the record during 20497
regular business hours without charge or, on request, shall 20498
provide a copy of the record in accordance with section 3701.741 20499
of the Revised Code, except that if a physician or chiropractor 20500
who has treated the patient determines for clearly stated 20501
treatment reasons that disclosure of the requested record is 20502
likely to have an adverse effect on the patient, the health care 20503
provider shall provide the record to a physician or chiropractor 20504
designated by the patient. The health care provider shall take 20505
reasonable steps to establish the identity of the person making 20506
the request to examine or obtain a copy of the patient's record.20507

       (C) If a health care provider fails to furnish a medical 20508
record as required by division (B) of this section, the patient, 20509
personal representative, or authorized person who requested the 20510
record may bring a civil action to enforce the patient's right of 20511
access to the record.20512

       (D)(1) This section does not apply to medical records whose 20513
release is covered by section 173.20 or 3721.13 of the Revised 20514
Code, by Chapter 1347., 5119., or 5122. of the Revised Code, by 42 20515
C.F.R. part 2, "Confidentiality of Alcohol and Drug Abuse Patient 20516
Records," or by 42 C.F.R. 483.10.20517

       (2) Nothing in this section is intended to supersede the 20518
confidentiality provisions of sections 2305.24, 2305.25, 2305.251, 20519
and 2305.252 of the Revised Code.20520

       Sec. 3701.83. (A) There is hereby created in the state 20521
treasury the general operations fund. Moneys in the fund shall be 20522
used for the purposes specified in sections 3701.04, 3701.344, 20523
3702.20, 3710.15, 3711.16, 3717.45, 3718.06, 3721.02, 3721.022, 20524
3729.07, 3733.43, 3748.04, 3748.05, 3748.07, 3748.12, 3748.13, 20525
3749.04, 3749.07, 4747.04, and 4769.09 of the Revised Code.20526

       (B) The alcohol testing program fund is hereby created in the 20527
state treasury. The director of health shall use the fund to 20528
administer and enforce the alcohol testing and permit program 20529
authorized by section 3701.143 of the Revised Code.20530

       The fund shall receive transfers from the liquor control fund 20531
created under section 4301.12 of the Revised Code. All investment 20532
earnings of the alcohol testing program fund shall be credited to 20533
the fund.20534

       Sec. 3701.881.  (A) As used in this section:20535

       (1) "Applicant" means a person who is under final 20536
consideration for employment withhiring by a home health agency 20537
in a full-time, part-time, or temporary position that involves 20538
providing direct care to an individual or is referred to a home 20539
health agency by an employment service for such a position. 20540

       (2) "Community-based long-term care provider" means a 20541
provider as defined in section 173.39 of the Revised Code.20542

       (3) "Community-based long-term care subcontractor" means a 20543
subcontractor as defined in section 173.38 of the Revised Code.20544

       (4) "Criminal records check" has the same meaning as in 20545
section 109.572 of the Revised Code.20546

       (5) "Direct care" means any of the following:20547

       (a) Any service identified in divisions (A)(8)(a) to (f) of 20548
this section that is provided in a patient's place of residence 20549
used as the patient's home;20550

       (b) Any activity that requires the person performing the 20551
activity to be routinely alone with a patient or to routinely have 20552
access to a patient's personal property or financial documents 20553
regarding a patient;20554

       (c) For each home health agency individually, any other 20555
routine service or activity that the chief administrator of the 20556
home health agency designates as direct care.20557

       (6) "Disqualifying offense" means any of the offenses listed 20558
or described in divisions (A)(3)(a) to (e) of section 109.572 of 20559
the Revised Code.20560

       (7) "Employee" means a person employed by a home health 20561
agency in a full-time, part-time, or temporary position that 20562
involves providing direct care to an individual and a person who 20563
works in such a position due to being referred to a home health 20564
agency by an employment service.20565

       (8) "Home health agency" means a person or government entity, 20566
other than a nursing home, residential care facility, hospice care 20567
program, or pediatric respite care program, that has the primary 20568
function of providing any of the following services to a patient 20569
at a place of residence used as the patient's home:20570

       (a) Skilled nursing care;20571

       (b) Physical therapy;20572

       (c) Speech-language pathology;20573

       (d) Occupational therapy;20574

       (e) Medical social services;20575

       (f) Home health aide services.20576

       (9) "Home health aide services" means any of the following 20577
services provided by an employee of a home health agency:20578

       (a) Hands-on bathing or assistance with a tub bath or shower;20579

       (b) Assistance with dressing, ambulation, and toileting;20580

       (c) Catheter care but not insertion;20581

       (d) Meal preparation and feeding.20582

       (10) "Hospice care program" and "pediatric respite care 20583
program" have the same meanings as in section 3712.01 of the 20584
Revised Code.20585

       (11) "Medical social services" means services provided by a 20586
social worker under the direction of a patient's attending 20587
physician.20588

       (12) "Minor drug possession offense" has the same meaning as 20589
in section 2925.01 of the Revised Code.20590

       (13) "Nursing home," "residential care facility," and 20591
"skilled nursing care" have the same meanings as in section 20592
3721.01 of the Revised Code.20593

       (14) "Occupational therapy" has the same meaning as in 20594
section 4755.04 of the Revised Code.20595

       (15) "Physical therapy" has the same meaning as in section 20596
4755.40 of the Revised Code.20597

       (16) "Social worker" means a person licensed under Chapter 20598
4757. of the Revised Code to practice as a social worker or 20599
independent social worker.20600

       (17) "Speech-language pathology" has the same meaning as in 20601
section 4753.01 of the Revised Code.20602

       (18) "Waiver agency" has the same meaning as in section 20603
5164.342 of the Revised Code.20604

       (B) No home health agency shall employhire an applicant or 20605
continue to employretain an employee in a position that involves 20606
providing direct care to an individual if any of the following 20607
apply:20608

       (1) A review of the databases listed in division (D) of this 20609
section reveals any of the following:20610

       (a) That the applicant or employee is included in one or more 20611
of the databases listed in divisions (D)(1) to (5) of this 20612
section;20613

       (b) That there is in the state nurse aide registry 20614
established under section 3721.32 of the Revised Code a statement 20615
detailing findings by the director of health that the applicant or 20616
employee neglected or abused a long-term care facility or 20617
residential care facility resident or misappropriated property of 20618
such a resident;20619

       (c) That the applicant or employee is included in one or more 20620
of the databases, if any, specified in rules adopted under this 20621
section and the rules prohibit the home health agency from 20622
employinghiring an applicant or continuing to employretaining an 20623
employee included in such a database in a position that involves 20624
providing direct care to an individual.20625

       (2) After the applicant or employee is provided, pursuant to 20626
division (E)(2)(a) of this section, a copy of the form prescribed 20627
pursuant to division (C)(1) of section 109.572 of the Revised Code 20628
and the standard impression sheet prescribed pursuant to division 20629
(C)(2) of that section, the applicant or employee fails to 20630
complete the form or provide the applicant's or employee's 20631
fingerprint impressions on the standard impression sheet.20632

       (3) Except as provided in rules adopted under this section, 20633
the applicant or employee is found by a criminal records check 20634
required by this section to have been convicted of,or pleaded 20635
guilty to, or been found eligible for intervention in lieu of 20636
conviction for a disqualifying offense.20637

       (C) Except as provided by division (F) of this section, the 20638
chief administrator of a home health agency shall inform each 20639
applicant of both of the following at the time of the applicant's 20640
initial application for employmenthiring into a position that 20641
involves providing direct care to an individual or referral to the 20642
home health agency by an employment service for a position that 20643
involves providing direct care to an individual:20644

       (1) That a review of the databases listed in division (D) of 20645
this section will be conducted to determine whether the home 20646
health agency is prohibited by division (B)(1) of this section 20647
from employinghiring the applicant ininto the position;20648

       (2) That, unless the database review reveals that the 20649
applicant may not be employed inhired into the position, a 20650
criminal records check of the applicant will be conducted and the 20651
applicant is required to provide a set of the applicant's 20652
fingerprint impressions as part of the criminal records check.20653

       (D) As a condition of employingfor hiring any applicant in20654
into a position that involves providing direct care to an 20655
individual, the chief administrator of a home health agency shall 20656
conduct a database review of the applicant in accordance with 20657
rules adopted under this section. If rules adopted under this 20658
section so require, the chief administrator of a home health 20659
agency shall conduct a database review of an employee in 20660
accordance with the rules as a condition of continuing to employ20661
retaining the employee in a position that involves providing 20662
direct care to an individual. However, the chief administrator is 20663
not required to conduct a database review of an applicant or 20664
employee if division (F) of this section applies. A database 20665
review shall determine whether the applicant or employee is 20666
included in any of the following:20667

       (1) The excluded parties list system that is maintained by 20668
the United States general services administration pursuant to 20669
subpart 9.4 of the federal acquisition regulation and available at 20670
the federal web site known as the system for award management;20671

       (2) The list of excluded individuals and entities maintained 20672
by the office of inspector general in the United States department 20673
of health and human services pursuant to the "Social Security 20674
Act," sections 1128 and 1156, 42 U.S.C. 1320a-7 and 1320c-5;20675

       (3) The registry of MR/DD employees established under section 20676
5123.52 of the Revised Code;20677

       (4) The internet-based sex offender and child-victim offender 20678
database established under division (A)(11) of section 2950.13 of 20679
the Revised Code;20680

       (5) The internet-based database of inmates established under 20681
section 5120.66 of the Revised Code;20682

       (6) The state nurse aide registry established under section 20683
3721.32 of the Revised Code;20684

       (7) Any other database, if any, specified in rules adopted 20685
under this section.20686

       (E)(1) As a condition of employingfor hiring any applicant 20687
ininto a position that involves providing direct care to an 20688
individual, the chief administrator of a home health agency shall 20689
request the superintendent of the bureau of criminal 20690
identification and investigation to conduct a criminal records 20691
check of the applicant. If rules adopted under this section so 20692
require, the chief administrator of a home health agency shall 20693
request the superintendent to conduct a criminal records check of 20694
an employee at times specified in the rules as a condition of 20695
continuing to employfor retaining the employee in a position that 20696
involves providing direct care to an individual. However, the 20697
chief administrator is not required to request the criminal 20698
records check of the applicant or the employee if division (F) of 20699
this section applies or the home health agency is prohibited by 20700
division (B)(1) of this section from employinghiring the 20701
applicant or continuing to employretaining the employee in a 20702
position that involves providing direct care to an individual. If 20703
an applicant or employee for whom a criminal records check request 20704
is required by this section does not present proof of having been 20705
a resident of this state for the five-year period immediately 20706
prior to the date upon which the criminal records check is 20707
requested or does not provide evidence that within that five-year 20708
period the superintendent has requested information about the 20709
applicant from the federal bureau of investigation in a criminal 20710
records check, the chief administrator shall request that the 20711
superintendent obtain information from the federal bureau of 20712
investigation as a part of the criminal records check. Even if an 20713
applicant or employee for whom a criminal records check request is 20714
required by this section presents proof that the applicant or 20715
employee has been a resident of this state for that five-year 20716
period, the chief administrator may request that the 20717
superintendent include information from the federal bureau of 20718
investigation in the criminal records check.20719

       (2) The chief administrator shall do all of the following:20720

       (a) Provide to each applicant and employee for whom a 20721
criminal records check request is required by this section a copy 20722
of the form prescribed pursuant to division (C)(1) of section 20723
109.572 of the Revised Code and a standard impression sheet 20724
prescribed pursuant to division (C)(2) of that section;20725

       (b) Obtain the completed form and standard impression sheet 20726
from each applicant and employee;20727

       (c) Forward the completed form and standard impression sheet 20728
to the superintendent at the time the chief administrator requests 20729
the criminal records check. 20730

       (3) A home health agency shall pay to the bureau of criminal 20731
identification and investigation the fee prescribed pursuant to 20732
division (C)(3) of section 109.572 of the Revised Code for each 20733
criminal records check the agency requests under this section. A 20734
home health agency may charge an applicant a fee not exceeding the 20735
amount the agency pays to the bureau under this section if both of 20736
the following apply:20737

       (a) The home health agency notifies the applicant at the time 20738
of initial application for employmenthiring into the position in 20739
question of the amount of the fee and that, unless the fee is 20740
paid, the applicant will not be considered for employmentthe 20741
hiring.20742

       (b) The medicaid program does not reimburse the home health 20743
agency for the fee it pays to the bureau under this section.20744

       (F) Divisions (C) to (E) of this section do not apply with 20745
regard to an applicant or employee if the applicant or employee is 20746
referred to a home health agency by an employment service that 20747
supplies full-time, part-time, or temporary staff for positions 20748
that involve providing direct care to an individual and both of 20749
the following apply:20750

       (1) The chief administrator of the home health agency 20751
receives from the employment service confirmation that a review of 20752
the databases listed in division (D) of this section was conducted 20753
with regard to the applicant or employee.20754

       (2) The chief administrator of the home health agency 20755
receives from the employment service, applicant, or employee a 20756
report of the results of a criminal records check of the applicant 20757
or employee that has been conducted by the superintendent within 20758
the one-year period immediately preceding the following:20759

       (a) In the case of an applicant, the date of the applicant's 20760
referral by the employment service to the home health agency;20761

       (b) In the case of an employee, the date by which the home 20762
health agency would otherwise have to request a criminal records 20763
check of the employee under division (E) of this section.20764

       (G)(1) A home health agency may employ conditionally hire an 20765
applicant for whom a criminal records check request is required by 20766
this section before obtaining the results of the criminal records 20767
check if the agency is not prohibited by division (B) of this 20768
section from employinghiring the applicant in a position that 20769
involves providing direct care to an individual and either of the 20770
following applies:20771

       (a) The chief administrator of the home health agency 20772
requests the criminal records check in accordance with division 20773
(E) of this section not later than five business days after the 20774
home health agency conditionally hires the applicant begins 20775
conditional employment.20776

       (b) The applicant is referred to the home health agency by an 20777
employment service, the employment service or the applicant 20778
provides the chief administrator of the agency a letter that is on 20779
the letterhead of the employment service, the letter is dated and 20780
signed by a supervisor or another designated official of the 20781
employment service, and the letter states all of the following:20782

       (i) That the employment service has requested the 20783
superintendent to conduct a criminal records check regarding the 20784
applicant;20785

       (ii) That the requested criminal records check is to include 20786
a determination of whether the applicant has been convicted of,or20787
pleaded guilty to, or been found eligible for intervention in lieu 20788
of conviction for a disqualifying offense;20789

       (iii) That the employment service has not received the 20790
results of the criminal records check as of the date set forth on 20791
the letter;20792

       (iv) That the employment service promptly will send a copy of 20793
the results of the criminal records check to the chief 20794
administrator of the home health agency when the employment 20795
service receives the results.20796

       (2) If a home health agency employs an applicant20797
conditionally hires an applicant pursuant to division (G)(1)(b) of 20798
this section, the employment service, on its receipt of the 20799
results of the criminal records check, promptly shall send a copy 20800
of the results to the chief administrator of the agency. 20801

       (3) A home health agency that employsconditionally hires an 20802
applicant conditionally pursuant to division (G)(1)(a) or (b) of 20803
this section shall terminate the applicant's employmentremove the 20804
conditionally hired applicant from any job duties that require a 20805
criminal records check if the results of the criminal records 20806
check, other than the results of any request for information from 20807
the federal bureau of investigation, are not obtained within the 20808
period ending sixty days after the date the request for the 20809
criminal records check is made. Regardless20810

       Regardless of when the results of the criminal records check 20811
are obtained, if the results indicate that the conditionally hired20812
applicant has been convicted of,or pleaded guilty to, or been 20813
found eligible for intervention in lieu of conviction for a 20814
disqualifying offense, the home health agency shall terminate the 20815
conditionally hired applicant's employment unless circumstances 20816
specified in rules adopted under this section that permit the 20817
agency to employhire the applicant exist and the agency chooses 20818
to employhire the applicant. Termination of employment under this 20819
division shall be considered just cause for discharge for purposes 20820
of division (D)(2) of section 4141.29 of the Revised Code if the 20821
applicant makes any attempt to deceive the home health agency 20822
about the applicant's criminal record.20823

       (H) The report of any criminal records check conducted by the 20824
bureau of criminal identification and investigation in accordance 20825
with section 109.572 of the Revised Code and pursuant to a request 20826
made under this section is not a public record for the purposes of 20827
section 149.43 of the Revised Code and shall not be made available 20828
to any person other than the following:20829

       (1) The applicant or employee who is the subject of the 20830
criminal records check or the applicant's or employee's 20831
representative;20832

       (2) The home health agency requesting the criminal records 20833
checkrecord or its representative;20834

       (3) The administrator of any other facility, agency, or 20835
program that provides direct care to individuals that is owned or 20836
operated by the same entity that owns or operates the home health 20837
agency that requested the criminal records check;20838

       (4) The employment service that requested the criminal 20839
records check;20840

       (5) The director of health and the staff of the department of 20841
health who monitor a home health agency's compliance with this 20842
section;20843

       (6) The director of aging or the director's designee if 20844
either of the following apply:20845

       (a) In the case of a criminal records check requested by a 20846
home health agency, the home health agency also is a 20847
community-based long-term care provider or community-based 20848
long-term care subcontractor;20849

       (b) In the case of a criminal records check requested by an 20850
employment service, the employment service makes the request for 20851
an applicant or employee the employment service refers to a home 20852
health agency that also is a community-based long-term care 20853
provider or community-based long-term care subcontractor.20854

       (7) The medicaid director and the staff of the department of 20855
medicaid who are involved in the administration of the medicaid 20856
program if either of the following apply:20857

       (a) In the case of a criminal records check requested by a 20858
home health agency, the home health agency also is a waiver 20859
agency;20860

       (b) In the case of a criminal records check requested by an 20861
employment service, the employment service makes the request for 20862
an applicant or employee the employment service refers to a home 20863
health agency that also is a waiver agency.20864

        (8) Any court, hearing officer, or other necessary individual 20865
involved in a case dealing with any of the following:20866

       (a) A denial of employmenthiring of the applicant or of 20867
retention of the employee;20868

       (b) Employment or unemployment benefits of the applicant or 20869
employee;20870

        (c) A civil or criminal action regarding the medicaid 20871
program.20872

       (I) In a tort or other civil action for damages that is 20873
brought as the result of an injury, death, or loss to person or 20874
property caused by an applicant who a home health agency hires, or 20875
an employee who a home health agency employs, in a position that 20876
involves providing direct care to an individual, all of the 20877
following shall apply:20878

       (1) If the home health agency employedhired the applicant or 20879
retained the employee in good faith and reasonable reliance on the 20880
report of a criminal records check requested under this section, 20881
the agency shall not be found negligent solely because of its 20882
reliance on the report, even if the information in the report is 20883
determined later to have been incomplete or inaccurate.20884

       (2) If the home health agency employedconditionally hired20885
the applicant in good faith on a conditional basis pursuant to 20886
division (G) of this section, the agency shall not be found 20887
negligent solely because it employedconditionally hired the 20888
applicant prior to receiving the report of a criminal records 20889
check requested under this section.20890

       (3) If the home health agency in good faith employedhired20891
the applicant or retained the employee according to the personal 20892
character standards established in rules adopted under this 20893
section, the agency shall not be found negligent solely because 20894
the applicant or employee had been convicted of,or pleaded guilty 20895
to, or been found eligible for intervention in lieu of conviction 20896
for a disqualifying offense. 20897

       (J) The director of health shall adopt rules in accordance 20898
with Chapter 119. of the Revised Code to implement this section. 20899

       (1) The rules may do the following:20900

       (a) Require employees to undergo database reviews and 20901
criminal records checks under this section;20902

       (b) If the rules require employees to undergo database 20903
reviews and criminal records checks under this section, exempt one 20904
or more classes of employees from the requirements;20905

       (c) For the purpose of division (D)(7) of this section, 20906
specify other databases that are to be checked as part of a 20907
database review conducted under this section.20908

       (2) The rules shall specify all of the following:20909

       (a) The procedures for conducting database reviews under this 20910
section;20911

       (b) If the rules require employees to undergo database 20912
reviews and criminal records checks under this section, the times 20913
at which the database reviews and criminal records checks are to 20914
be conducted;20915

       (c) If the rules specify other databases to be checked as 20916
part of the database reviews, the circumstances under which a home 20917
health agency is prohibited from employinghiring an applicant or 20918
continuing to employretaining an employee who is found by a 20919
database review to be included in one or more of those databases;20920

       (d) Circumstances under which a home health agency may employ20921
hire an applicant or retain an employee who is found by a criminal 20922
records check required by this section to have been convicted of,20923
or pleaded guilty to, or been found eligible for intervention in 20924
lieu of conviction for a disqualifying offense but meets personal 20925
character standards.20926

       Sec. 3702.511. (A) Except as provided in division (B) of this 20927
section, the following activities are reviewable under sections 20928
3702.51 to 3702.62 of the Revised Code:20929

       (1) Establishment, development, or construction of a new 20930
long-term care facility;20931

       (2) Replacement of an existing long-term care facility;20932

       (3) Renovation of or addition to a long-term care facility 20933
that involves a capital expenditure of two million dollars or 20934
more, not including expenditures for equipment, staffing, or 20935
operational costs;20936

       (4) Either of the following changes in long-term care bed 20937
capacity:20938

       (a) An increase in long-term care bed capacity;20939

       (b)(5) A relocation of long-term care beds from one physical 20940
facility or site to another, excluding relocation of beds within a 20941
long-term care facility or among buildings of a long-term care 20942
facility at the same site.20943

       (5) Any change in the bed capacity or site, or any other 20944
failure to conduct a reviewable activity in substantial accordance 20945
with the approved application for which a certificate of need 20946
concerning long-term care beds was granted, if the change is made 20947
within five years after the implementation of the reviewable 20948
activity for which the certificate was granted;20949

       (6) Expenditure of more than one hundred ten per cent of the 20950
maximum expenditure specified in a certificate of need concerning 20951
long-term care beds.20952

       (B) The following activities are not subject to review under 20953
sections 3702.51 to 3702.62 of the Revised Code:20954

       (1) Acquisition of computer hardware or software;20955

       (2) Acquisition of a telephone system;20956

       (3) Construction or acquisition of parking facilities;20957

       (4) Correction of cited deficiencies that constitute an 20958
imminent threat to public health or safety and are in violation of 20959
federal, state, or local fire, building, or safety statutes, 20960
ordinances, rules, or regulations;20961

       (5) Acquisition of an existing long-term care facility that 20962
does not involve a change in the number of the beds;20963

       (6) Mergers, consolidations, or other corporate 20964
reorganizations of long-term care facilities that do not involve a 20965
change in the number of beds;20966

       (7) Construction, repair, or renovation of bathroom 20967
facilities;20968

       (8) Construction of laundry facilities, waste disposal 20969
facilities, dietary department projects, heating and air 20970
conditioning projects, administrative offices, and portions of 20971
medical office buildings used exclusively for physician services;20972

       (9) Removal of asbestos from a health care facility.20973

       Only that portion of a project that is described in this 20974
division is not reviewable.20975

       Sec. 3702.52.  The director of health shall administer a 20976
state certificate of need program in accordance with sections 20977
3702.51 to 3702.62 of the Revised Code and rules adopted under 20978
those sections.20979

       (A) The director shall issue rulings on whether a particular 20980
proposed project is a reviewable activity. The director shall 20981
issue a ruling not later than forty-five days after receiving a 20982
request for a ruling accompanied by the information needed to make 20983
the ruling. If the director does not issue a ruling in that time, 20984
the project shall be considered to have been ruled not a 20985
reviewable activity.20986

       (B)(1) Each application for a certificate of need shall be 20987
submitted to the director on forms and in the manner prescribed by 20988
the director. Each application shall include a plan for obligating 20989
the capital expenditures or implementing the proposed project on a 20990
timely basis in accordance with section 3702.524 of the Revised 20991
Code. Each application shall also include all other information 20992
required by rules adopted under division (B) of section 3702.57 of 20993
the Revised Code.20994

       (2) Each application shall be accompanied by the application 20995
fee established in rules adopted under division (G) of section 20996
3702.57 of the Revised Code. Application fees received by the 20997
director under this division shall be deposited into the state 20998
treasury to the credit of the certificate of need fund, which is 20999
hereby created. The director shall use the fund only to pay the 21000
costs of administering sections 3702.11 to 3702.20, 3702.30, and 21001
3702.51 to 3702.62 of the Revised Code and rules adopted under 21002
those sections. An application fee is nonrefundable unless the 21003
director determines that the application cannot be accepted.21004

       (3) The director shall review applications for certificates 21005
of need. As part of a review, the director shall determine whether 21006
an application is complete. The director shall not consider an 21007
application to be complete unless the application meets all 21008
criteria for a complete application specified in rules adopted 21009
under section 3702.57 of the Revised Code. The director shall mail 21010
to the applicant a written notice that the application is 21011
complete, or a written request for additional information, not 21012
later than thirty days after receiving an application or a 21013
response to an earlier request for information. Except as provided 21014
in section 3702.522 of the Revised Code, the director shall not 21015
make more than two requests for additional information. The 21016
director's determination that an application is not complete is 21017
final and not subject to appeal.21018

       (4) Except as necessary to comply with a subpoena issued 21019
under division (F) of this section, after a notice of completeness 21020
has been received, no person shall make revisions to information 21021
that was submitted to the director before the director mailed the 21022
notice of completeness or knowingly discuss in person or by 21023
telephone the merits of the application with the director. A 21024
person may supplement an application after a notice of 21025
completeness has been received by submitting clarifying 21026
information to the director. 21027

       (C) All of the following apply to the process of granting or 21028
denying a certificate of need:21029

        (1) If the project proposed in a certificate of need 21030
application meets all of the applicable certificate of need 21031
criteria for approval under sections 3702.51 to 3702.62 of the 21032
Revised Code and the rules adopted under those sections, the 21033
director shall grant a certificate of need for all or part of the 21034
project that is the subject of the application by the applicable 21035
deadline specified in division (C)(4) of this section or any 21036
extension of it under division (C)(5) of this section.21037

       (2) The director's grant of a certificate of need does not 21038
affect, and sets no precedent for, the director's decision to 21039
grant or deny other applications for similar reviewable 21040
activities. 21041

       (3) Any affected person may submit written comments regarding 21042
an application. The director shall consider all written comments 21043
received by the thirtiethforty-fifth day after mailing the notice 21044
of completeness or, in the case of applications under comparative 21045
review, by the thirtieth day afterthe application is submitted to21046
the director mails the last notice of completeness.21047

       (4) Except as provided in division (C)(5) of this section, 21048
the director shall grant or deny certificate of need applications 21049
not later than sixty days after mailing the notice of 21050
completeness.21051

       (5) Except as otherwise provided in division (C)(6) of this 21052
section, the director or the applicant may extend the deadline 21053
prescribed in division (C)(4) of this section once, for no longer 21054
than thirty days, by written notice before the end of the deadline 21055
prescribed by division (C)(4) of this section. An extension by the 21056
director under division (C)(5) of this section shall apply to all 21057
applications that are in comparative review.21058

       (6) No applicant in a comparative review may extend the 21059
deadline specified in division (C)(4) of this section. 21060

       (7) If the director does not grant or deny the certificate by 21061
the applicable deadline specified in division (C)(4) of this 21062
section or any extension of it under division (C)(5) of this 21063
section, the certificate shall be considered to have been granted. 21064

       (8) In granting a certificate of need, the director shall 21065
specify as the maximum capital expenditure the certificate holder 21066
may obligate under the certificate a figure equal to one hundred 21067
ten per cent of the approved project cost.21068

       (9) In granting a certificate of need, the director may grant 21069
the certificate with conditions that must be met by the holder of 21070
the certificate.21071

       (D) When a certificate of need is granted for a project under 21072
which beds are to be relocated, upon completion of the project for 21073
which the certificate of need was granted a number of beds equal 21074
to the number of beds relocated shall cease to be operated in the 21075
long-term care facility from which they are relocated, except that 21076
the beds may continue to be operated for not more than fifteen 21077
days to allow relocation of residents to the facility to which the 21078
beds have been relocated. Notwithstanding section 3721.03 of the 21079
Revised Code, if the relocated beds are in a home licensed under 21080
Chapter 3721. of the Revised Code, the facility's license is 21081
automatically reduced by the number of beds relocated effective 21082
fifteen days after the beds are relocated. If the beds are in a 21083
facility that is certified as a skilled nursing facility or 21084
nursing facility under Title XVIII or XIX of the "Social Security 21085
Act," the certification for the beds shall be surrendered. If the 21086
beds are registered under section 3701.07 of the Revised Code as 21087
skilled nursing beds or long-term care beds, the director shall 21088
remove the beds from registration not later than fifteen days 21089
after the beds are relocated.21090

       (E) The director shall monitor the activities of persons 21091
granted certificates of need duringDuring the period beginning 21092
with the granting of thea certificate of need and ending five 21093
years after implementation of the reviewable activity for which 21094
the certificate was granted, the director shall monitor the 21095
activities of the person granted the certificate to determine 21096
whether the reviewable activity is conducted in substantial 21097
accordance with the certificate. No reviewable activity shall be 21098
determined to be not in substantial accordance with the 21099
certificate of need due to a decrease in bed capacity. 21100

       (F) When reviewing applications for certificates of need, 21101
considering appeals under section 3702.60 of the Revised Code, or 21102
monitoring activities of persons granted certificates of need, the 21103
director may issue and enforce, in the manner provided in section 21104
119.09 of the Revised Code, subpoenas and subpoenas duces tecum to 21105
compel a person to testify and produce documents relevant to 21106
review of the application, consideration of the appeal, or 21107
monitoring of the activities. In addition, the director or the 21108
director's designee may visit the sites where the activities are 21109
or will be conducted.21110

       (G) The director may withdraw certificates of need.21111

        (H) All long-term care facilities shall submit to the 21112
director, upon request, any information prescribed by rules 21113
adopted under division (H) of section 3702.57 of the Revised Code 21114
that is necessary to conduct reviews of certificate of need 21115
applications and to develop criteria for reviews.21116

       (I) Any decision to grant or deny a certificate of need shall 21117
consider the special needs and circumstances resulting from moral 21118
and ethical values and the free exercise of religious rights of 21119
long-term care facilities administered by religious organizations, 21120
and the special needs and circumstances of inner city and rural 21121
communities.21122

       Sec. 3702.526. (A) Except as provided in division (B) of this 21123
section, the director of health shall accept an application for a 21124
replacement certificate of need for an activity described in 21125
division (A)(5) of section 3702.511 of the Revised Code to replace 21126
an approved certificate of need for that activity if all of the 21127
following conditions are met:21128

       (1) The applicant requests the replacement certificate of 21129
need so that the reviewable activity for which the approved 21130
certificate of need was granted can be implemented in a manner 21131
that is not in substantial accordance with the approved 21132
certificate of need.21133

       (2) The applicant is the same as the applicant for the 21134
approved certificate of need or an affiliated or related person as 21135
described in division (B) of section 3702.523 of the Revised Code.21136

       (2)(3) The source of any long-term care beds to be relocated 21137
is the same as in the approved certificate of need.21138

       (3)(4) The application for the approved certificate of need 21139
was not subject to comparative review under section 3702.593 of 21140
the Revised Code.21141

       (B) The director shall not accept an application for a 21142
replacement certificate that proposes to increase the number of 21143
long-term care beds to be relocated specified in the application 21144
for the approved certificate of need.21145

       (C) For the purpose of determining whether long-term care 21146
beds are from an existing long-term care facility, the director 21147
shall consider the date of filing of the application for a 21148
replacement certificate to be the same as the date of filing of 21149
the original application for the approved certificate of need.21150

       (D) Any long-term care beds that were approvedproposed to be 21151
relocated in the approved certificate of need remain approved21152
eligible to be recategorized as a different category of long-term 21153
care beds in the application for a replacement certificate.21154

       (E) The applicant shall submit with the application for a 21155
replacement certificate a nonrefundable fee equal to the 21156
application fee for the approved certificate of need.21157

       (F) The director shall review, approve, or deny the 21158
application for the replacement certificate in the same manner as 21159
the application for the approved certificate of need.21160

       (G) Upon approval of the application for a replacement 21161
certificate, the original certificate of need is automatically 21162
voided.21163

       Sec. 3702.71.  As used in sections 3702.71 to 3702.81 of the 21164
Revised Code:21165

       (A) "Full-time practice" means working a minimum of forty 21166
hours per week for a minimum of forty-five weeks each service 21167
year.21168

       (B) "Part-time practice" means working a minimum of twenty 21169
and a maximum of thirty-nine hours per week for a minimum of 21170
forty-five weeks per service year.21171

       (C) "Primary care physician" means an individual who is 21172
authorized under Chapter 4731. of the Revised Code to practice 21173
medicine and surgery or osteopathic medicine and surgery and is 21174
board certified or board eligible in a primary care specialty.21175

       (B)(D) "Primary care service" means professional 21176
comprehensive personal health services, which may include health 21177
education and disease prevention, treatment of uncomplicated 21178
health problems, diagnosis of chronic health problems, overall 21179
management of health care services for an individual or a family, 21180
and the services of a psychiatrist. "Primary care service" also 21181
includes providing the initial contact for health care services 21182
and, making referrals for secondary and tertiary care and for 21183
continuity of health care services, and teaching activities to the 21184
extent specified in a contract entered into pursuant to section 21185
3702.74 of the Revised Code.21186

       (C)(E) "Primary care specialty" means general internal 21187
medicine, pediatrics, adolescent medicine, obstetrics and 21188
gynecology, psychiatry, child and adolescent psychiatry, geriatric 21189
psychiatry, combined internal medicine and pediatrics, geriatrics, 21190
or family practice.21191

       Sec. 3702.74.  (A) A primary care physician who has signed a 21192
letter of intent under section 3702.73 of the Revised Code and the 21193
director of health may enter into a contract for the physician's 21194
participation in the physician loan repayment program. The 21195
physician's employer or other funding source may also be a party 21196
to the contract.21197

       (B) The contract shall include all of the following 21198
obligations:21199

       (1) The primary care physician agrees to provide primary care 21200
services in the health resource shortage area identified in the 21201
letter of intent for at least two yearsthe number of hours and 21202
duration specified in the contract;21203

       (2) When providing primary care services in the health 21204
resource shortage area, the primary care physician agrees to do 21205
all of the following:21206

       (a) Provide primary care services for a minimum of forty 21207
hours per week, of which at least twenty-one hours will be spent 21208
providing patient care in an outpatient or ambulatory setting 21209
approved by the department of health;21210

       (b) Provide primary care services without regard to a 21211
patient's ability to pay;21212

       (c) Meet the requirements for a medicaid provider agreement 21213
and enter into the agreement with the department of medicaid to 21214
provide primary care services to medicaid recipients. 21215

       (3) The department of health agrees, as provided in section 21216
3702.75 of the Revised Code, to repay, so long as the primary care 21217
physician performs the service obligation agreed to under division 21218
(B)(1) of this section, all or part of the principal and interest 21219
of a government or other educational loan taken by the primary 21220
care physician for expenses described in section 3702.75 of the 21221
Revised Code;21222

       (4) The primary care physician agrees to pay the department 21223
of health an amount established by rules adopted under section 21224
3702.79 of the Revised Code if the physician fails to complete the 21225
service obligation agreed to under division (B)(1) of this 21226
section.21227

       (C) The contract may include any other terms agreed upon by 21228
the partiesshall include the following terms as agreed upon by 21229
the parties:21230

       (1) The primary care physician's required length of service 21231
in the health resource shortage area, which must be at least two 21232
years;21233

       (2) The number of weekly hours the primary care physician 21234
will be engaged in full-time practice or part-time practice in the 21235
health resource shortage area;21236

       (3) The maximum amount that the department will repay on 21237
behalf of the primary care physician;21238

       (4) The extent to which the primary care physician's teaching 21239
activities in the health resource shortage area will be counted 21240
toward the physician's full-time practice or part-time practice 21241
hours under the contract.21242

       Sec. 3702.75.  There is hereby created the physician loan 21243
repayment program. Under the program, the department of health, by 21244
means of a contract provision under division (B)(3) of section 21245
3702.74 of the Revised Code, may agree to repay all or part of the 21246
principal and interest of a government or other educational loan 21247
taken by a primary care physician for the following expenses, so 21248
long as the expenses were incurred while the physician was 21249
enrolled in, for up to a maximum of four years, a medical school 21250
or osteopathic medical school in the United States that was, 21251
during the time enrolled, accredited by the liaison committee on 21252
medical education or the American osteopathic association, or a 21253
medical school or osteopathic medical school located outside the 21254
United States that was, during the time enrolled, acknowledged by 21255
the world health organization and verified by a member state of 21256
that organization as operating within the state's jurisdiction:21257

       (A) Tuition;21258

       (B) Other educational expenses, such as fees, books, and 21259
laboratory expenses, for specific purposes and in amounts 21260
determined to be reasonable by the director of health;21261

       (C) Room and board, in an amount determined reasonable by the 21262
director of health.21263

       In the first and second years, no repayment shall exceed 21264
twenty-five thousand dollars in each year. In the third and fourth 21265
years, no repayment shall exceed thirty-five thousand dollars in 21266
each year. If, however, a repayment results in an increase in the 21267
primary care physician's federal, state, or local income tax 21268
liability, at the physician's request, the department may 21269
reimburse the physician for the increased tax liability, 21270
regardless of the amount of the repayment made to the physician in 21271
that year.21272

       Not later than the thirty-first day of January each year, the 21273
department shall mail to each physician to whom or on whose behalf 21274
repayment is made under this section a statement showing the 21275
amount repaid by the department pursuant to the contract in the 21276
preceding year. The statement shall be sent by ordinary mail with 21277
address correction and forwarding requested in the manner 21278
prescribed by the United States postal service.21279

       Sec. 3702.91.  (A) As used in this section, "full-time 21280
practice" and "part-time practice" have the same meanings as in 21281
section 3702.71 of the Revised Code.21282

       (B) An individual who has signed a letter of intent under 21283
section 3702.90 of the Revised Code may enter into a contract with 21284
the director of health for participation in the dentist loan 21285
repayment program. The dentist's employer or other funding source 21286
may also be a party to the contract.21287

       (B)(C) The contract shall include all of the following 21288
obligations:21289

       (1) The individual agrees to provide dental services in the 21290
dental health resource shortage area identified in the letter of 21291
intent for at least two yearsthe number of hours and duration 21292
specified in the contract.21293

       (2) When providing dental services in the dental health 21294
resource shortage area, the individual agrees to do all of the 21295
following:21296

       (a) Provide dental services for a minimum of forty hours per 21297
weekin a service site approved by the department of health;21298

       (b) Provide dental services without regard to a patient's 21299
ability to pay;21300

       (c) Meet the requirements for a medicaid provider agreement 21301
and enter into the agreement with the department of medicaid to 21302
provide dental services to medicaid recipients.21303

       (3) The department of health agrees, as provided in section 21304
3702.85 of the Revised Code, to repay, so long as the individual 21305
performs the service obligation agreed to under division (B)(C)(1) 21306
of this section, all or part of the principal and interest of a 21307
government or other educational loan taken by the individual for 21308
expenses described in section 3702.85 of the Revised Code.21309

       (4) The individual agrees to pay the department of health an 21310
amount established by rules adopted under section 3702.86 of the 21311
Revised Code, if the individual fails to complete the service 21312
obligation agreed to under division (B)(C)(1) of this section.21313

       (C)(D) The contract mayshall include any otherthe following21314
terms as agreed upon by the parties:21315

       (1) The individual's required length of service in the dental 21316
health resource shortage area, which must be at least two years;21317

       (2) The number of weekly hours the individual will be engaged 21318
in full-time practice or part-time practice;21319

       (3) The maximum amount that the department will repay on 21320
behalf of the individual;21321

       (4) The extent to which the individual's teaching activities 21322
in the dental health resource shortage area will be counted toward 21323
the individual's full-time practice or part-time practice hours 21324
under the contract.21325

       (D) Not later than the thirty-first day of January of each 21326
year, the department of health shall mail to each individual to 21327
whom or on whose behalf repayment is made under the dentist loan 21328
repayment program a statement showing the amount of principal and 21329
interest repaid by the department pursuant to the contract in the 21330
preceding year. The statement shall be sent by ordinary mail with 21331
address correction and forwarding requested in the manner 21332
prescribed by the United States postal service.21333

       Sec. 3702.95.  The director of health may accept gifts of 21334
money from any source for the implementation and administration of 21335
sections 3702.85 to 3702.933702.92 of the Revised Code. 21336

       The director shall pay all gifts accepted under this section 21337
into the state treasury, to the credit of the dental health 21338
resource shortage area fund, which is hereby created, and all 21339
damages collected under division (B)(C)(4) of section 3702.91 of 21340
the Revised Code, into the state treasury, to the credit of the 21341
dentist loan repayment fund, which is hereby created.21342

       The director shall use the dental health resource shortage 21343
area and dentist loan repayment funds for the implementation and 21344
administration of sections 3702.85 to 3702.95 of the Revised Code. 21345

       Sec. 3704.05.  (A) No person shall cause, permit, or allow 21346
emission of an air contaminant in violation of any rule adopted by 21347
the director of environmental protection under division (E) of 21348
section 3704.03 of the Revised Code unless the person is the 21349
holder of a variance that is issued under division (H) of that 21350
section and consistent with the federal Clean Air Act permitting 21351
the emission of the contaminant in excess of that permitted by the 21352
rule or the person is the holder of an operating permit that 21353
includes a compliance schedule issued pursuant to rules adopted 21354
under division (G) of section 3704.03 of the Revised Code.21355

       (B) No person who is the holder of a variance issued under 21356
division (H) of section 3704.03 of the Revised Code shall cause, 21357
permit, or allow emission of an air contaminant or contaminants 21358
listed therein in violation of the conditions of the variance or 21359
fail to obey an order of the director issued under authority of 21360
that division.21361

       (C) No person who is the holder of a permit issued under 21362
division (F) or (G) of section 3704.03 of the Revised Code shall 21363
violate any of its terms or conditions.21364

       (D) No person shall fail to install and maintain monitoring 21365
devices or to submit reports or other information as may be 21366
required under division (I) of section 3704.03 of the Revised 21367
Code.21368

       (E) No person to whom a permit or variance has been issued 21369
shall refuse entry to an authorized representative of the director 21370
or the environmental protection agency as provided in division 21371
(M)(L) of section 3704.03 of the Revised Code or hinder or thwart 21372
the person in making an investigation.21373

       (F) No person shall fail to submit plans and specifications 21374
as required by section 3704.03 of the Revised Code.21375

       (G) No person shall violate any order, rule, or determination 21376
of the director issued, adopted, or made under this chapter.21377

       (H) No person shall do any of the following:21378

       (1) Falsify any plans, specifications, data, reports, 21379
records, or other information required to be kept or submitted to 21380
the director by this chapter or rules adopted under it;21381

       (2) Make any false material statement, representation, or 21382
certification in any form, notice, or report required by the Title 21383
V permit program;21384

       (3) Render inaccurate any monitoring device required by a 21385
Title V permit.21386

       Violation of division (H)(1), (2), or (3) of this section is 21387
not also falsification under section 2921.13 of the Revised Code.21388

       (I) No person shall knowingly falsify an inspection 21389
certificate submitted to another under section 3704.14 or Chapter 21390
4503. of Revised Code. Violation of this division is not also 21391
falsification under section 2921.13 of the Revised Code.21392

       (J) No person shall do either of the following:21393

       (1) With regard to the Title V permit program, fail to pay 21394
any administrative penalty assessed in accordance with rules 21395
adopted under division (S) of section 3704.03 of the Revised Code 21396
or any fee assessed under section 3745.11 of the Revised Code;21397

       (2) Violate any applicable requirement of a Title V permit or 21398
any permit condition, except for an emergency as defined in 40 21399
C.F.R. 70.6 (g), or filing requirement of the Title V permit 21400
program, any duty to allow or carry out inspection, entry, or 21401
monitoring activities, or any rule adopted or order issued by the 21402
director pursuant to the Title V permit program.21403

       (K) On and after the three hundred sixty-sixth day following 21404
the administrator's final approval of the Title V permit program, 21405
or on and after the three hundred sixty-sixth day following the 21406
commencement of operation of a new major source required to comply 21407
with section 112(g) or part C or D of Title I of the federal Clean 21408
Air Act, whichever is later, no person shall operate any such 21409
source that is required to obtain a Title V permit under section 21410
3704.036 of the Revised Code or rules adopted under it unless such 21411
a permit has been issued authorizing operation of the source or 21412
unless a complete and timely application for the issuance, 21413
renewal, or modification of a Title V permit for the source has 21414
been submitted to the director under that section.21415

       Sec. 3721.122.  Before an individual is admitted as a 21416
resident to a home, the home's administrator shall search for the 21417
individual's name in the internet-based sex offender and 21418
child-victim offender database established under division (A)(11) 21419
of section 2950.13 of the Revised Code. If the search results 21420
identify the individual as a sex offender and the individual is 21421
admitted as a resident to the home, the administrator shall 21422
provide for the home to do all of the following:21423

       (A) Develop a plan of care to protect the other residents' 21424
rights to a safe environment and to be free from abuse;21425

       (B) Notify all of the home's other residents and their 21426
sponsors that a sex offender has been admitted as a resident to 21427
the home and include in the notice a description of the plan of 21428
care developed under division (A) of this section;21429

       (C) Direct the individual in updating the individual's 21430
address under section 2950.05 of the Revised Code and, if the 21431
individual is unable to do so without assistance, provide the 21432
assistance the individual needs to update the individual's address 21433
under that section.21434

       Sec. 3730.09.  (A) Each operator of a business that offers 21435
tattooing or body piercing services shall do all of the following:21436

       (1) Maintain procedures for ensuring that the individuals who 21437
perform tattooing or body piercing procedures are adequately 21438
trained to perform the procedures properly;21439

       (2) With respect to tattooing services, maintain written 21440
records that include the color, manufacturer, and lot number of 21441
each pigment used for each tattoo performed;21442

       (3) Comply with the safety and sanitation requirements for 21443
preventing transmission of infectious diseases, as established in 21444
rules adopted under section 3730.10 of the Revised Code;21445

       (4) Require the individuals who perform tattooing and body 21446
piercing procedures to disinfect and sterilizeEnsure that all 21447
invasive equipment or parts of equipment used in performing the21448
tattooing and body piercing procedures are disinfected and 21449
sterilized by using methods that meet the disinfection and 21450
sterilization requirements established in rules adopted under 21451
section 3730.10 of the Revised Code;21452

       (5) Ensure that weekly tests of the business's heat 21453
sterilization devices are performed to determine whether the 21454
devices are functioning properly. In having the devices tested, 21455
the operator of the business shall use a biological monitoring 21456
system that indicates whether the devices are killing 21457
microorganisms. If a test indicates that a device is not 21458
functioning properly, the operator shall take immediate remedial 21459
action to ensure that heat sterilization is being accomplished. 21460
The operator shall maintain documentation that the weekly tests 21461
are being performed. To comply with the documentation requirement, 21462
the documents must consist of a log that indicates the date on 21463
which each test is performed and the name of the person who 21464
performed the test or, if a test was conducted by an independent 21465
testing entity, a copy of the entity's testing report. The 21466
operator shall maintain records of each test performed for at 21467
least two years.21468

       (B) Each operator of a business that offers ear piercing 21469
services performed with an ear piercing gun shall require the 21470
individuals who perform the ear piercing services to disinfect and 21471
sterilize the ear piercing gun by using chemical solutions that 21472
meet the disinfection and sterilization requirements established 21473
in rules adopted under section 3730.10 of the Revised Code.21474

       Sec. 3731.02.  (A) The state fire marshal shall make such 21475
rules as are necessary to carry out this chapter, which shall 21476
include, but are not limited to, rules establishing requirements 21477
to renew a license issued under this chapter and fees for 21478
licensure and renewal and for inspections of hotels. Except as 21479
provided in division (G) of section 3731.12 of the Revised Code, 21480
the state fire marshal and the assistant state fire marshals shall 21481
enforce this chapter.21482

       (B) Except as otherwise provided in this division and 21483
divisions (C) and (D) of this section, the board of building 21484
standards shall adopt, pursuant to section 3781.10 of the Revised 21485
Code, rules that specify that the building code standards for SRO 21486
facilities shall be use group R-2. Any facility operating prior to 21487
October 16, 1996, in the nature of an SRO facility that met the 21488
building code standards for an SRO facility prior to that date, 21489
whether previously licensed as a hotel or not, and after October 21490
16, 1996, licensed as an SRO facility under section 3731.03 of the 21491
Revised Code, shall be permitted under the rules to have a 21492
building code standard of either use group R-1 or use group R-2 if 21493
the facility meets the requirements for those use groups as 21494
specified in the Ohio building code adopted pursuant to section 21495
3781.10 of the Revised Code. The requirements of this division 21496
apply to an SRO facility that holds a license as an SRO facility 21497
on the effective date of this amendmentSeptember 12, 2008, unless 21498
any of the following events occur on or after the effective date 21499
of this amendmentSeptember 12, 2008:21500

       (1) The owner of the SRO facility constructs or alters the 21501
facility.21502

       (2) The owner of the SRO facility surrenders the license 21503
issued to that facility.21504

       (3) The owner of the SRO facility changes the use or 21505
occupancy of that facility.21506

       (4) The license issued to that SRO facility under this 21507
chapter is revoked or is not renewed.21508

       (C) If any of the events described in divisions (B)(1) to (4) 21509
of this section occur, the owner of the structure shall comply 21510
with division (D) of this section to obtain a new license to 21511
operate as an SRO facility.21512

       (D) Beginning on the effective date of this amendment21513
September 12, 2008, the state fire marshal shall not issue a new 21514
license to operate a facility as an SRO facility, and shall not 21515
renew such a license issued under this division, unless the SRO 21516
facility is constructed providing individual sleeping rooms for 21517
each guest; has, on a per-room or a communal basis within each 21518
building to be licensed as an SRO facility, permanent provisions 21519
for living, eating, cooking, and sanitation; and is constructed in 21520
accordance with the requirements specified for SRO facilities and 21521
is approved by the building official having jurisdiction over that 21522
facility to be an SRO facility. An SRO facility subject to this 21523
division shall only operate with, and shall properly maintain, 21524
individual sleeping rooms for each guest and shall only operate 21525
with, and shall properly maintain, on a per-room or communal 21526
basis, permanent provisions available to all guests for living, 21527
eating, cooking, and sanitation.21528

       (E) The state fire marshal may, pursuant to division (A) of 21529
this section, adopt rules establishing a fire code and sanitary 21530
standards compliance incentive program for persons required to 21531
procure a license for a hotel under section 3731.03 of the Revised 21532
Code. The rules may include provisions for the creation of a "Safe 21533
Stay Hotel" designation by the state fire marshal, the standards a 21534
licensed hotel must meet to achieve and maintain that designation, 21535
the procedures the state fire marshal shall use to publish and 21536
maintain a registry of hotels receiving that designation, and any 21537
monetary incentives offered by the state fire marshal to encourage 21538
a licensed hotel to achieve and maintain that designation. At a 21539
minimum, no hotel may be designated as a "Safe Stay Hotel" or 21540
maintain such a designation unless it meets the fire code and 21541
sanitary compliance standards established pursuant to this section 21542
for a continuous period of at least twenty-four months.21543

        Nothing in this division shall be construed to limit the 21544
power of this state, the department of commerce, the state fire 21545
marshal, or any other political subdivision of the state to 21546
administer and enforce any other sections of this chapter or any 21547
other applicable laws, rules, and regulations. Nothing in this 21548
division shall be construed to require the state fire marshal to 21549
designate a hotel as a "Safe Stay Hotel" or require the state fire 21550
marshal to award a monetary incentive to a hotel in any manner 21551
that is inconsistent or in conflict with the rules adopted under 21552
this section or any other applicable laws, rules, or regulations.21553

       Sec. 3734.02.  (A) The director of environmental protection, 21554
in accordance with Chapter 119. of the Revised Code, shall adopt 21555
and may amend, suspend, or rescind rules having uniform 21556
application throughout the state governing solid waste facilities 21557
and the inspections of and issuance of permits and licenses for 21558
all solid waste facilities in order to ensure that the facilities 21559
will be located, maintained, and operated, and will undergo 21560
closure and post-closure care, in a sanitary manner so as not to 21561
create a nuisance, cause or contribute to water pollution, create 21562
a health hazard, or violate 40 C.F.R. 257.3-2 or 40 C.F.R. 21563
257.3-8, as amended. The rules may include, without limitation, 21564
financial assurance requirements for closure and post-closure care 21565
and corrective action and requirements for taking corrective 21566
action in the event of the surface or subsurface discharge or 21567
migration of explosive gases or leachate from a solid waste 21568
facility, or of ground water contamination resulting from the 21569
transfer or disposal of solid wastes at a facility, beyond the 21570
boundaries of any area within a facility that is operating or is 21571
undergoing closure or post-closure care where solid wastes were 21572
disposed of or are being disposed of. The rules shall not concern 21573
or relate to personnel policies, salaries, wages, fringe benefits, 21574
or other conditions of employment of employees of persons owning 21575
or operating solid waste facilities. The director, in accordance 21576
with Chapter 119. of the Revised Code, shall adopt and may amend, 21577
suspend, or rescind rules governing the issuance, modification, 21578
revocation, suspension, or denial of variances from the director's 21579
solid waste rules, including, without limitation, rules adopted 21580
under this chapter governing the management of scrap tires.21581

       Variances shall be issued, modified, revoked, suspended, or 21582
rescinded in accordance with this division, rules adopted under 21583
it, and Chapter 3745. of the Revised Code. The director may order 21584
the person to whom a variance is issued to take such action within 21585
such time as the director may determine to be appropriate and 21586
reasonable to prevent the creation of a nuisance or a hazard to 21587
the public health or safety or the environment. Applications for 21588
variances shall contain such detail plans, specifications, and 21589
information regarding objectives, procedures, controls, and other 21590
pertinent data as the director may require. The director shall 21591
grant a variance only if the applicant demonstrates to the 21592
director's satisfaction that construction and operation of the 21593
solid waste facility in the manner allowed by the variance and any 21594
terms or conditions imposed as part of the variance will not 21595
create a nuisance or a hazard to the public health or safety or 21596
the environment. In granting any variance, the director shall 21597
state the specific provision or provisions whose terms are to be 21598
varied and also shall state specific terms or conditions imposed 21599
upon the applicant in place of the provision or provisions. The 21600
director may hold a public hearing on an application for a 21601
variance or renewal of a variance at a location in the county 21602
where the operations that are the subject of the application for 21603
the variance are conducted. The director shall give not less than 21604
twenty days' notice of the hearing to the applicant by certified 21605
mail or by another type of mail accompanied by a receipt and shall 21606
publish at least one notice of the hearing in a newspaper with 21607
general circulation in the county where the hearing is to be held. 21608
The director shall make available for public inspection at the 21609
principal office of the environmental protection agency a current 21610
list of pending applications for variances and a current schedule 21611
of pending variance hearings. The director shall make a complete 21612
stenographic record of testimony and other evidence submitted at 21613
the hearing. Within ten days after the hearing, the director shall 21614
make a written determination to issue, renew, or deny the variance 21615
and shall enter the determination and the basis for it into the 21616
record of the hearing. The director shall issue, renew, or deny an 21617
application for a variance or renewal of a variance within six 21618
months of the date upon which the director receives a complete 21619
application with all pertinent information and data required. No 21620
variance shall be issued, revoked, modified, or denied until the 21621
director has considered the relative interests of the applicant, 21622
other persons and property affected by the variance, and the 21623
general public. Any variance granted under this division shall be 21624
for a period specified by the director and may be renewed from 21625
time to time on such terms and for such periods as the director 21626
determines to be appropriate. No application shall be denied and 21627
no variance shall be revoked or modified without a written order 21628
stating the findings upon which the denial, revocation, or 21629
modification is based. A copy of the order shall be sent to the 21630
applicant or variance holder by certified mail or by another type 21631
of mail accompanied by a receipt.21632

       (B) The director shall prescribe and furnish the forms 21633
necessary to administer and enforce this chapter. The director may 21634
cooperate with and enter into agreements with other state, local, 21635
or federal agencies to carry out the purposes of this chapter. The 21636
director may exercise all incidental powers necessary to carry out 21637
the purposes of this chapter.21638

       The director may use moneys in the infectious waste 21639
management fund created in section 3734.021 of the Revised Code 21640
exclusively for administering and enforcing the provisions of this 21641
chapter governing the management of infectious wastes. 21642

       (C) Except as provided in this division and divisions (N)(2) 21643
and (3) of this section, no person shall establish a new solid 21644
waste facility or infectious waste treatment facility, or modify 21645
an existing solid waste facility or infectious waste treatment 21646
facility, without submitting an application for a permit with 21647
accompanying detail plans, specifications, and information 21648
regarding the facility and method of operation and receiving a 21649
permit issued by the director, except that no permit shall be 21650
required under this division to install or operate a solid waste 21651
facility for sewage sludge treatment or disposal when the 21652
treatment or disposal is authorized by a current permit issued 21653
under Chapter 3704. or 6111. of the Revised Code.21654

       No person shall continue to operate a solid waste facility 21655
for which the director has denied a permit for which an 21656
application was required under division (A)(3) of section 3734.05 21657
of the Revised Code, or for which the director has disapproved 21658
plans and specifications required to be filed by an order issued 21659
under division (A)(5) of that section, after the date prescribed 21660
for commencement of closure of the facility in the order issued 21661
under division (A)(6) of section 3734.05 of the Revised Code 21662
denying the permit application or approval.21663

       On and after the effective date of the rules adopted under 21664
division (A) of this section and division (D) of section 3734.12 21665
of the Revised Code governing solid waste transfer facilities, no 21666
person shall establish a new, or modify an existing, solid waste 21667
transfer facility without first submitting an application for a 21668
permit with accompanying engineering detail plans, specifications, 21669
and information regarding the facility and its method of operation 21670
to the director and receiving a permit issued by the director.21671

       No person shall establish a new compost facility or continue 21672
to operate an existing compost facility that accepts exclusively 21673
source separated yard wastes without submitting a completed 21674
registration for the facility to the director in accordance with 21675
rules adopted under divisions (A) and (N)(3) of this section.21676

       This division does not apply to a generator of infectious 21677
wastes that does any of the following:21678

       (1) Treats, by methods, techniques, and practices established 21679
by rules adopted under division (B)(2)(a) of section 3734.021 of 21680
the Revised Code, any of the following:21681

       (a) Infectious wastes that are generated on any premises that 21682
are owned or operated by the generator;21683

       (b) Infectious wastes that are generated by a generator who 21684
has staff privileges at a hospital as defined in section 3727.01 21685
of the Revised Code;21686

       (c) Infectious wastes that are generated in providing care to 21687
a patient by an emergency medical services organization as defined 21688
in section 4765.01 of the Revised Code.21689

       (2) Holds a license or renewal of a license to operate a 21690
crematory facility issued under Chapter 4717. and a permit issued 21691
under Chapter 3704. of the Revised Code;21692

       (3) Treats or disposes of dead animals or parts thereof, or 21693
the blood of animals, and is subject to any of the following:21694

       (a) Inspection under the "Federal Meat Inspection Act," 81 21695
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;21696

       (b) Chapter 918. of the Revised Code;21697

       (c) Chapter 953. of the Revised Code.21698

       (D) Neither this chapter nor any rules adopted under it apply 21699
to single-family residential premises; to infectious wastes 21700
generated by individuals for purposes of their own care or 21701
treatment; to the temporary storage of solid wastes, other than 21702
scrap tires, prior to their collection for disposal; to the 21703
storage of one hundred or fewer scrap tires unless they are stored 21704
in such a manner that, in the judgment of the director or the 21705
board of health of the health district in which the scrap tires 21706
are stored, the storage causes a nuisance, a hazard to public 21707
health or safety, or a fire hazard; or to the collection of solid 21708
wastes, other than scrap tires, by a political subdivision or a 21709
person holding a franchise or license from a political subdivision 21710
of the state; to composting, as defined in section 1511.01939.0121711
of the Revised Code, conducted in accordance with section 1511.02221712
939.04 of the Revised Code; or to any person who is licensed to 21713
transport raw rendering material to a compost facility pursuant to 21714
section 953.23 of the Revised Code.21715

       (E)(1) As used in this division:21716

       (a) "On-site facility" means a facility that stores, treats, 21717
or disposes of hazardous waste that is generated on the premises 21718
of the facility.21719

       (b) "Off-site facility" means a facility that stores, treats, 21720
or disposes of hazardous waste that is generated off the premises 21721
of the facility and includes such a facility that is also an 21722
on-site facility.21723

       (c) "Satellite facility" means any of the following:21724

       (i) An on-site facility that also receives hazardous waste 21725
from other premises owned by the same person who generates the 21726
waste on the facility premises;21727

       (ii) An off-site facility operated so that all of the 21728
hazardous waste it receives is generated on one or more premises 21729
owned by the person who owns the facility;21730

       (iii) An on-site facility that also receives hazardous waste 21731
that is transported uninterruptedly and directly to the facility 21732
through a pipeline from a generator who is not the owner of the 21733
facility.21734

       (2) Except as provided in division (E)(3) of this section, no 21735
person shall establish or operate a hazardous waste facility, or 21736
use a solid waste facility for the storage, treatment, or disposal 21737
of any hazardous waste, without a hazardous waste facility 21738
installation and operation permit issued in accordance with 21739
section 3734.05 of the Revised Code and subject to the payment of 21740
an application fee not to exceed one thousand five hundred 21741
dollars, payable upon application for a hazardous waste facility 21742
installation and operation permit and upon application for a 21743
renewal permit issued under division (H) of section 3734.05 of the 21744
Revised Code, to be credited to the hazardous waste facility 21745
management fund created in section 3734.18 of the Revised Code. 21746
The term of a hazardous waste facility installation and operation 21747
permit shall not exceed ten years.21748

       In addition to the application fee, there is hereby levied an 21749
annual permit fee to be paid by the permit holder upon the 21750
anniversaries of the date of issuance of the hazardous waste 21751
facility installation and operation permit and of any subsequent 21752
renewal permits and to be credited to the hazardous waste facility 21753
management fund. Annual permit fees totaling forty thousand 21754
dollars or more for any one facility may be paid on a quarterly 21755
basis with the first quarterly payment each year being due on the 21756
anniversary of the date of issuance of the hazardous waste 21757
facility installation and operation permit and of any subsequent 21758
renewal permits. The annual permit fee shall be determined for 21759
each permit holder by the director in accordance with the 21760
following schedule:21761

TYPE OF BASIC 21762
MANAGEMENT UNIT TYPE OF FACILITY FEE 21763
Storage facility using: 21764
Containers On-site, off-site, and 21765
satellite $ 500 21766
Tanks On-site, off-site, and 21767
satellite 500 21768
Waste pile On-site, off-site, and 21769
satellite 3,000 21770
Surface impoundment On-site and satellite 8,000 21771
Off-site 10,000 21772
Disposal facility using: 21773
Deep well injection On-site and satellite 15,000 21774
Off-site 25,000 21775
Landfill On-site and satellite 25,000 21776
Off-site 40,000 21777
Land application On-site and satellite 2,500 21778
Off-site 5,000 21779
Surface impoundment On-site and satellite 10,000 21780
Off-site 20,000 21781
Treatment facility using: 21782
Tanks On-site, off-site, and 21783
satellite 700 21784
Surface impoundment On-site and satellite 8,000 21785
Off-site 10,000 21786
Incinerator On-site and satellite 5,000 21787
Off-site 10,000 21788
Other forms 21789
of treatment On-site, off-site, and 21790
satellite 1,000 21791

       A hazardous waste disposal facility that disposes of 21792
hazardous waste by deep well injection and that pays the annual 21793
permit fee established in section 6111.046 of the Revised Code is 21794
not subject to the permit fee established in this division for 21795
disposal facilities using deep well injection unless the director 21796
determines that the facility is not in compliance with applicable 21797
requirements established under this chapter and rules adopted 21798
under it.21799

       In determining the annual permit fee required by this 21800
section, the director shall not require additional payments for 21801
multiple units of the same method of storage, treatment, or 21802
disposal or for individual units that are used for both storage 21803
and treatment. A facility using more than one method of storage, 21804
treatment, or disposal shall pay the permit fee indicated by the 21805
schedule for each such method.21806

       The director shall not require the payment of that portion of 21807
an annual permit fee of any permit holder that would apply to a 21808
hazardous waste management unit for which a permit has been 21809
issued, but for which construction has not yet commenced. Once 21810
construction has commenced, the director shall require the payment 21811
of a part of the appropriate fee indicated by the schedule that 21812
bears the same relationship to the total fee that the number of 21813
days remaining until the next anniversary date at which payment of 21814
the annual permit fee is due bears to three hundred sixty-five.21815

       The director, by rules adopted in accordance with Chapters 21816
119. and 3745. of the Revised Code, shall prescribe procedures for 21817
collecting the annual permit fee established by this division and 21818
may prescribe other requirements necessary to carry out this 21819
division.21820

       (3) The prohibition against establishing or operating a 21821
hazardous waste facility without a hazardous waste facility 21822
installation and operation permit does not apply to either of the 21823
following:21824

       (a) A facility that is operating in accordance with a permit 21825
renewal issued under division (H) of section 3734.05 of the 21826
Revised Code, a revision issued under division (I) of that section 21827
as it existed prior to August 20, 1996, or a modification issued 21828
by the director under division (I) of that section on and after 21829
August 20, 1996;21830

       (b) Except as provided in division (J) of section 3734.05 of 21831
the Revised Code, a facility that will operate or is operating in 21832
accordance with a permit by rule, or that is not subject to permit 21833
requirements, under rules adopted by the director. In accordance 21834
with Chapter 119. of the Revised Code, the director shall adopt, 21835
and subsequently may amend, suspend, or rescind, rules for the 21836
purposes of division (E)(3)(b) of this section. Any rules so 21837
adopted shall be consistent with and equivalent to regulations 21838
pertaining to interim status adopted under the "Resource 21839
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 21840
6921, as amended, except as otherwise provided in this chapter.21841

       If a modification is requested or proposed for a facility 21842
described in division (E)(3)(a) or (b) of this section, division 21843
(I)(7) of section 3734.05 of the Revised Code applies.21844

       (F) No person shall store, treat, or dispose of hazardous 21845
waste identified or listed under this chapter and rules adopted 21846
under it, regardless of whether generated on or off the premises 21847
where the waste is stored, treated, or disposed of, or transport 21848
or cause to be transported any hazardous waste identified or 21849
listed under this chapter and rules adopted under it to any other 21850
premises, except at or to any of the following:21851

       (1) A hazardous waste facility operating under a permit 21852
issued in accordance with this chapter;21853

       (2) A facility in another state operating under a license or 21854
permit issued in accordance with the "Resource Conservation and 21855
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as 21856
amended;21857

       (3) A facility in another nation operating in accordance with 21858
the laws of that nation;21859

       (4) A facility holding a permit issued pursuant to Title I of 21860
the "Marine Protection, Research, and Sanctuaries Act of 1972," 86 21861
Stat. 1052, 33 U.S.C.A. 1401, as amended;21862

       (5) A hazardous waste facility as described in division 21863
(E)(3)(a) or (b) of this section.21864

       (G) The director, by order, may exempt any person generating, 21865
collecting, storing, treating, disposing of, or transporting solid 21866
wastes, infectious wastes, or hazardous waste, or processing solid 21867
wastes that consist of scrap tires, in such quantities or under 21868
such circumstances that, in the determination of the director, are 21869
unlikely to adversely affect the public health or safety or the 21870
environment from any requirement to obtain a registration 21871
certificate, permit, or license or comply with the manifest system 21872
or other requirements of this chapter. Such an exemption shall be 21873
consistent with and equivalent to any regulations adopted by the 21874
administrator of the United States environmental protection agency 21875
under the "Resource Conservation and Recovery Act of 1976," 90 21876
Stat. 2806, 42 U.S.C.A. 6921, as amended, except as otherwise 21877
provided in this chapter.21878

       (H) No person shall engage in filling, grading, excavating, 21879
building, drilling, or mining on land where a hazardous waste 21880
facility, or a solid waste facility, was operated without prior 21881
authorization from the director, who shall establish the procedure 21882
for granting such authorization by rules adopted in accordance 21883
with Chapter 119. of the Revised Code.21884

       A public utility that has main or distribution lines above or 21885
below the land surface located on an easement or right-of-way 21886
across land where a solid waste facility was operated may engage 21887
in any such activity within the easement or right-of-way without 21888
prior authorization from the director for purposes of performing 21889
emergency repair or emergency replacement of its lines; of the 21890
poles, towers, foundations, or other structures supporting or 21891
sustaining any such lines; or of the appurtenances to those 21892
structures, necessary to restore or maintain existing public 21893
utility service. A public utility may enter upon any such easement 21894
or right-of-way without prior authorization from the director for 21895
purposes of performing necessary or routine maintenance of those 21896
portions of its existing lines; of the existing poles, towers, 21897
foundations, or other structures sustaining or supporting its 21898
lines; or of the appurtenances to any such supporting or 21899
sustaining structure, located on or above the land surface on any 21900
such easement or right-of-way. Within twenty-four hours after 21901
commencing any such emergency repair, replacement, or maintenance 21902
work, the public utility shall notify the director or the 21903
director's authorized representative of those activities and shall 21904
provide such information regarding those activities as the 21905
director or the director's representative may request. Upon 21906
completion of the emergency repair, replacement, or maintenance 21907
activities, the public utility shall restore any land of the solid 21908
waste facility disturbed by those activities to the condition 21909
existing prior to the commencement of those activities.21910

       (I) No owner or operator of a hazardous waste facility, in 21911
the operation of the facility, shall cause, permit, or allow the 21912
emission therefrom of any particulate matter, dust, fumes, gas, 21913
mist, smoke, vapor, or odorous substance that, in the opinion of 21914
the director, unreasonably interferes with the comfortable 21915
enjoyment of life or property by persons living or working in the 21916
vicinity of the facility, or that is injurious to public health. 21917
Any such action is hereby declared to be a public nuisance.21918

       (J) Notwithstanding any other provision of this chapter, in 21919
the event the director finds an imminent and substantial danger to 21920
public health or safety or the environment that creates an 21921
emergency situation requiring the immediate treatment, storage, or 21922
disposal of hazardous waste, the director may issue a temporary 21923
emergency permit to allow the treatment, storage, or disposal of 21924
the hazardous waste at a facility that is not otherwise authorized 21925
by a hazardous waste facility installation and operation permit to 21926
treat, store, or dispose of the waste. The emergency permit shall 21927
not exceed ninety days in duration and shall not be renewed. The 21928
director shall adopt, and may amend, suspend, or rescind, rules in 21929
accordance with Chapter 119. of the Revised Code governing the 21930
issuance, modification, revocation, and denial of emergency 21931
permits.21932

       (K) Except for infectious wastes generated by a person who 21933
produces fewer than fifty pounds of infectious wastes at a 21934
premises during any one month, no owner or operator of a sanitary 21935
landfill shall knowingly accept for disposal, or dispose of, any 21936
infectious wastes that have not been treated to render them 21937
noninfectious. 21938

       (L) The director, in accordance with Chapter 119. of the 21939
Revised Code, shall adopt, and may amend, suspend, or rescind, 21940
rules having uniform application throughout the state establishing 21941
a training and certification program that shall be required for 21942
employees of boards of health who are responsible for enforcing 21943
the solid waste and infectious waste provisions of this chapter 21944
and rules adopted under them and for persons who are responsible 21945
for the operation of solid waste facilities or infectious waste 21946
treatment facilities. The rules shall provide all of the 21947
following, without limitation:21948

       (1) The program shall be administered by the director and 21949
shall consist of a course on new solid waste and infectious waste 21950
technologies, enforcement procedures, and rules;21951

       (2) The course shall be offered on an annual basis;21952

       (3) Those persons who are required to take the course under 21953
division (L) of this section shall do so triennially;21954

       (4) Persons who successfully complete the course shall be 21955
certified by the director;21956

       (5) Certification shall be required for all employees of 21957
boards of health who are responsible for enforcing the solid waste 21958
or infectious waste provisions of this chapter and rules adopted 21959
under them and for all persons who are responsible for the 21960
operation of solid waste facilities or infectious waste treatment 21961
facilities;21962

       (6)(a) All employees of a board of health who, on the 21963
effective date of the rules adopted under this division, are 21964
responsible for enforcing the solid waste or infectious waste 21965
provisions of this chapter and the rules adopted under them shall 21966
complete the course and be certified by the director not later 21967
than January 1, 1995;21968

       (b) All employees of a board of health who, after the 21969
effective date of the rules adopted under division (L) of this 21970
section, become responsible for enforcing the solid waste or 21971
infectious waste provisions of this chapter and rules adopted 21972
under them and who do not hold a current and valid certification 21973
from the director at that time shall complete the course and be 21974
certified by the director within two years after becoming 21975
responsible for performing those activities.21976

       No person shall fail to obtain the certification required 21977
under this division.21978

       (M) The director shall not issue a permit under section 21979
3734.05 of the Revised Code to establish a solid waste facility, 21980
or to modify a solid waste facility operating on December 21, 21981
1988, in a manner that expands the disposal capacity or geographic 21982
area covered by the facility, that is or is to be located within 21983
the boundaries of a state park established or dedicated under 21984
Chapter 1541. of the Revised Code, a state park purchase area 21985
established under section 1541.02 of the Revised Code, any unit of 21986
the national park system, or any property that lies within the 21987
boundaries of a national park or recreation area, but that has not 21988
been acquired or is not administered by the secretary of the 21989
United States department of the interior, located in this state, 21990
or any candidate area located in this state and identified for 21991
potential inclusion in the national park system in the edition of 21992
the "national park system plan" submitted under paragraph (b) of 21993
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16 21994
U.S.C.A. 1a-5, as amended, current at the time of filing of the 21995
application for the permit, unless the facility or proposed 21996
facility is or is to be used exclusively for the disposal of solid 21997
wastes generated within the park or recreation area and the 21998
director determines that the facility or proposed facility will 21999
not degrade any of the natural or cultural resources of the park 22000
or recreation area. The director shall not issue a variance under 22001
division (A) of this section and rules adopted under it, or issue 22002
an exemption order under division (G) of this section, that would 22003
authorize any such establishment or expansion of a solid waste 22004
facility within the boundaries of any such park or recreation 22005
area, state park purchase area, or candidate area, other than a 22006
solid waste facility exclusively for the disposal of solid wastes 22007
generated within the park or recreation area when the director 22008
determines that the facility will not degrade any of the natural 22009
or cultural resources of the park or recreation area.22010

       (N)(1) The rules adopted under division (A) of this section, 22011
other than those governing variances, do not apply to scrap tire 22012
collection, storage, monocell, monofill, and recovery facilities. 22013
Those facilities are subject to and governed by rules adopted 22014
under sections 3734.70 to 3734.73 of the Revised Code, as 22015
applicable.22016

       (2) Division (C) of this section does not apply to scrap tire 22017
collection, storage, monocell, monofill, and recovery facilities. 22018
The establishment and modification of those facilities are subject 22019
to sections 3734.75 to 3734.78 and section 3734.81 of the Revised 22020
Code, as applicable.22021

       (3) The director may adopt, amend, suspend, or rescind rules 22022
under division (A) of this section creating an alternative system 22023
for authorizing the establishment, operation, or modification of a 22024
solid waste compost facility in lieu of the requirement that a 22025
person seeking to establish, operate, or modify a solid waste 22026
compost facility apply for and receive a permit under division (C) 22027
of this section and section 3734.05 of the Revised Code and a 22028
license under division (A)(1) of that section. The rules may 22029
include requirements governing, without limitation, the 22030
classification of solid waste compost facilities, the submittal of 22031
operating records for solid waste compost facilities, and the 22032
creation of a registration or notification system in lieu of the 22033
issuance of permits and licenses for solid waste compost 22034
facilities. The rules shall specify the applicability of divisions 22035
(A)(1), (2)(a), (3), and (4) of section 3734.05 of the Revised 22036
Code to a solid waste compost facility.22037

       (O)(1) As used in this division, "secondary aluminum waste" 22038
means waste material or byproducts, when disposed of, containing 22039
aluminum generated from secondary aluminum smelting operations and 22040
consisting of dross, salt cake, baghouse dust associated with 22041
aluminum recycling furnace operations, or dry-milled wastes.22042

       (2) The owner or operator of a sanitary landfill shall not 22043
dispose of municipal solid waste that has been commingled with 22044
secondary aluminum waste.22045

        (3) The owner or operator of a sanitary landfill may dispose 22046
of secondary aluminum waste, but only in a monocell or monofill 22047
that has been permitted for that purpose in accordance with this 22048
chapter and rules adopted under it.22049

       (P)(1) As used in divisions (P) and (Q) of this section:22050

       (a) "Natural background" means two picocuries per gram or the 22051
actual number of picocuries per gram as measured at an individual 22052
solid waste facility, subject to verification by the director of 22053
health. 22054

       (b) "Drilling operation" includes a production operation as 22055
defined in section 1509.01 of the Revised Code.22056

       (2) The owner or operator of a solid waste facility shall not 22057
accept for transfer or disposal technologically enhanced naturally 22058
occurring radioactive material if that material contains or is 22059
contaminated with radium-226, radium-228, or any combination of 22060
radium-226 and radium-228 at concentrations equal to or greater 22061
than five picocuries per gram above natural background.22062

       (3) The owner or operator of a solid waste facility may 22063
receive and process for purposes other than transfer or disposal 22064
technologically enhanced naturally occurring radioactive material 22065
that contains or is contaminated with radium-226, radium-228, or 22066
any combination of radium-226 and radium-228 at concentrations 22067
equal to or greater than five picocuries per gram above natural 22068
background, provided that the owner or operator has obtained and 22069
maintains all other necessary authorizations, including any 22070
authorization required by rules adopted by the director of health 22071
under section 3748.04 of the Revised Code.22072

       (4) The director of environmental protection may adopt rules 22073
in accordance with Chapter 119. of the Revised Code governing the 22074
receipt, acceptance, processing, handling, management, and 22075
disposal by solid waste facilities of material that contains or is 22076
contaminated with radioactive material, including, without 22077
limitation, technologically enhanced naturally occurring 22078
radioactive material that contains or is contaminated with 22079
radium-226, radium-228, or any combination of radium-226 and 22080
radium-228 at concentrations less than five picocuries per gram 22081
above natural background. Rules adopted by the director may 22082
include at a minimum both of the following:22083

       (a) Requirements in accordance with which the owner or 22084
operator of a solid waste facility must monitor leachate and 22085
ground water for radium-226, radium-228, and other radionuclides;22086

       (b) Requirements in accordance with which the owner or 22087
operator of a solid waste facility must develop procedures to 22088
ensure that technologically enhanced naturally occurring 22089
radioactive material accepted at the facility neither contains nor 22090
is contaminated with radium-226, radium-228, or any combination of 22091
radium-226 and radium-228 at concentrations equal to or greater 22092
than five picocuries per gram above natural background.22093

       (Q) Notwithstanding any other provision of this section, the 22094
owner or operator of a solid waste facility shall not receive, 22095
accept, process, handle, manage, or dispose of technologically 22096
enhanced naturally occurring radioactive material associated with 22097
drilling operations without first obtaining representative 22098
analytical results to determine compliance with divisions (P)(2) 22099
and (3) of this section and rules adopted under it.22100

       Sec. 3734.029.  (A)(1) Except as otherwise provided in 22101
division (A)(2) of this section, the standards of quality for 22102
compost products established in rules adopted under division (A) 22103
of section 3734.028 of the Revised Code apply to compost products 22104
produced by a facility composting dead animals that is subject to 22105
section 1511.022939.04 of the Revised Code in addition to compost 22106
products produced by facilities subject to this chapter.22107

       (2) The standards of quality established in rules adopted 22108
under division (A) of section 3734.028 of the Revised Code do not 22109
apply to the use, distribution for use, or giving away of the 22110
compost products produced by a composting facility subject to 22111
section 1511.022939.04 of the Revised Code when either of the 22112
following applies:22113

       (a) The composting is conducted by the person who raises the 22114
animals and the compost product is used in agricultural operations 22115
owned or operated by that person, regardless of whether the person 22116
owns the animals;.22117

       (b) The composting is conducted by the person who owns the 22118
animals, but does not raise them and the compost product is used 22119
in agricultural operations either by a person who raises the 22120
animals or by a person who raises grain that is used to feed them 22121
and that is supplied by the owner of the animals.22122

       (B) No owner or operator of a composting facility that is 22123
subject to regulation under section 1511.022939.04 of the Revised 22124
Code shall sell or offer for sale at retail or wholesale, 22125
distribute for use, or give away any compost product that does not 22126
comply with the standard of quality applicable under division (A) 22127
of this section for the use for which the product is being sold, 22128
offered for sale, distributed, or given away.22129

       No person shall violate this division.22130

       Sec. 3734.905.  (A) The treasurer of state shall refund the 22131
fee imposed by section 3734.901 of the Revised Code paid illegally 22132
or erroneously, or paid on an illegal or erroneous assessment. 22133
Applications for refund shall be filed with the tax commissioner 22134
on a form prescribed by the commissioner, within four years of the 22135
illegal or erroneous payment of the fee.22136

       On the filing of the application, the commissioner shall 22137
determine the amount of refund to which the applicant is entitled. 22138
If the amount is not less than that claimed, the commissioner 22139
shall certify the amount to the director of budget and management 22140
and treasurer of state for payment from the tax refund fund 22141
created by section 5703.052 of the Revised Code. If the amount is 22142
less than that claimed, the commissioner shall proceed in 22143
accordance with section 5703.70 of the Revised Code.22144

       If the application for refund is for fees paid on an illegal 22145
or erroneous assessment, theThe certified amount shall include 22146
interest calculated at the rate per annum prescribed by section 22147
5703.47 of the Revised Code from the date of overpayment to the 22148
date of the commissioner's certification.22149

       (B) When the fee imposed pursuant to section 3734.901 of the 22150
Revised Code has been paid on tires that are sold by a retail 22151
dealer or wholesale distributor to a motor vehicle manufacturer, 22152
or to a wholesale distributor or retail dealer for the purpose of 22153
resale outside this state, the seller in this state is entitled to 22154
a refund of the amount of the fee actually paid on the tires. To 22155
obtain a refund under this division, the seller shall apply to the 22156
tax commissioner, shall furnish documentary evidence satisfactory 22157
to the commissioner that the price paid by the purchaser did not 22158
include the fee, and shall provide the name and address of the 22159
purchaser to the commissioner. The seller shall apply on the form 22160
prescribed by the commissioner, within four years after the date 22161
of the sale. Upon receipt of an application, the commissioner 22162
shall determine the amount of any refund due and shall certify 22163
that amount to the director of budget and management and the 22164
treasurer of state for payment from the tax refund fund created in 22165
section 5703.052 of the Revised Code. The certified amount shall 22166
include interest calculated at the rate per annum prescribed by 22167
section 5703.47 of the Revised Code from the date of overpayment 22168
to the date of the commissioner's certification.22169

       (C) If any person entitled to a refund of fees under this 22170
section, or section 5703.70 of the Revised Code, is indebted to 22171
the state for any tax administered by the tax commissioner, or any 22172
charge, penalties, or interest arising from such tax, the amount 22173
allowable on the application for refund first shall be applied in 22174
satisfaction of the debt.22175

       Sec. 3737.02.  (A) The fire marshal may collect fees to cover 22176
the costs of performing inspections and other duties that the fire 22177
marshal is authorized or required by law to perform. Except as 22178
provided in division (B) of this section, all fees collected by 22179
the fire marshal shall be deposited to the credit of the fire 22180
marshal's fund.22181

       (B)(1) All of the following shall be credited to the 22182
underground storage tank administration fund, which is hereby 22183
created in the state treasury:22184

       (1)(a) Fees collected under sections 3737.88 and 3737.881 of 22185
the Revised Code for operation of the underground storage tank and 22186
underground storage tank installer certification programs;22187

       (2)(b) Moneys recovered under section 3737.89 of the Revised 22188
Code for the state's costs of undertaking corrective or 22189
enforcement actions under that section or section 3737.882 of the 22190
Revised Code;22191

       (3)(c) Fines and penalties collected under section 3737.882 22192
of the Revised Code;22193

       (4) Amounts repaid for underground storage tank revolving 22194
loans under section 3737.883and other moneys, including 22195
corrective action enforcement case settlements or bankruptcy case 22196
awards or settlements, received by the fire marshal under sections 22197
3737.88 to 3737.89 of the Revised Code.22198

       (C)(2) All interest earned on moneys credited to the 22199
underground storage tank administration fund shall be credited to 22200
the fund. Moneys credited to the underground storage tank 22201
administration fund shall be used by the fire marshal for 22202
implementation and enforcement of underground storage tank, 22203
corrective action, and installer certification programs under 22204
sections 3737.88 to 3737.89 of the Revised Code. Only moneys 22205
described in divisions (B)(3) and (4) of this section may be used 22206
by the fire marshal to make underground storage tank revolving 22207
loans under section 3737.883 of the Revised Code, and no other 22208
moneys may be used to make those loans.22209

       (D)(C) There is hereby created in the state treasury the 22210
underground storage tank revolving loan fund. The fund shall 22211
consist of amounts repaid for underground storage tank revolving 22212
loans under section 3737.883 of the Revised Code and moneys 22213
described in division (B)(1)(c) of this section that are allocated 22214
to the fund in accordance with division (D)(1) of this section. 22215
Moneys in the fund shall be used by the fire marshal to make 22216
underground storage tank revolving loans under section 3737.883 of 22217
the Revised Code.22218

        (D)(1) If the director of commerce determines that the cash 22219
balance in the underground storage tank administration fund is in 22220
excess of the amount needed for implementation and enforcement of 22221
the underground storage tank, corrective action, and installer 22222
certification programs under sections 3737.88 to 3737.89 of the 22223
Revised Code, the director may certify the excess amount to the 22224
director of budget and management. Upon certification, the 22225
director of budget and management may transfer from the 22226
underground storage tank administration fund to the underground 22227
storage tank revolving loan fund any amount up to, but not 22228
exceeding, the amount certified by the director of commerce, 22229
provided the amount transferred consists only of moneys described 22230
in division (B)(1)(c) of this section.22231

        (2) If the director of commerce determines that the cash 22232
balance in the underground storage tank administration fund is 22233
insufficient to implement and enforce the underground storage 22234
tank, corrective action, and installer certification programs 22235
under sections 3737.88 to 3737.89 of the Revised Code, the 22236
director may certify the amount needed to the director of budget 22237
and management. Upon certification, the director of budget and 22238
management may transfer from the underground storage tank 22239
revolving loan fund to the underground storage tank administration 22240
fund any amount up to, but not exceeding, the amount certified by 22241
the director of commerce.22242

        (E) The fire marshal shall take all actions necessary to 22243
obtain any federal funding available to carry out the fire 22244
marshal's responsibilities under sections 3737.88 to 3737.89 of 22245
the Revised Code and federal laws regarding the cleaning up of 22246
releases of petroleum, as "release" is defined in section 3737.87 22247
of the Revised Code, including, without limitation, any federal 22248
funds that are available to reimburse the state for the costs of 22249
undertaking corrective actions for such releases of petroleum. The 22250
state may, when appropriate, return to the United States any 22251
federal funds recovered under sections 3737.882 and 3737.89 of the 22252
Revised Code.22253

       Sec. 3745.70.  As used in sections 3745.70 to 3745.73 of the 22254
Revised Code:22255

       (A) "Environmental audit" means a voluntary, thorough, and 22256
discrete self-evaluation of one or more activities at one or more 22257
facilities or properties that is documented; is designed to 22258
improve compliance, or identify, correct, or prevent 22259
noncompliance, with environmental laws; and is conducted by the 22260
owner or operator of a facility or property or the owner's or 22261
operator's employee or independent contractor. An environmental 22262
audit may be conducted by the owner or operator of a facility or 22263
property, the owner's or operator's employees, or independent 22264
contractors. Once initiated, an audit shall be completed within a 22265
reasonable time, not to exceed six months, unless a written 22266
request for an extension is approved by the head officer of the 22267
governmental agency, or division or office thereof, with 22268
jurisdiction over the activities being audited based on a showing 22269
of reasonable grounds. An audit shall not be considered to be 22270
initiated until the owner or operator or the owner's or operator's 22271
employee or independent contractor actively has begun the 22272
self-evaluation of environmental compliance.22273

       (B) "Activity" means any process, procedure, or function that 22274
is subject to environmental laws.22275

       (C) "Voluntary" means, with respect to an environmental audit 22276
of a particular activity, that both of the following apply when 22277
the audit of that activity commences:22278

       (1) The audit is not required by law, prior litigation, or an 22279
order by a court or a government agency;22280

       (2) The owner or operator who conducts the audit does not 22281
know or have reason to know that a government agency has commenced 22282
an investigation or enforcement action that concerns a violation 22283
of environmental laws involving the activity or that such an 22284
investigation or enforcement action is imminent.22285

       (D) "Environmental audit report" means interim or final data, 22286
documents, records, or plans that are necessary to an 22287
environmental audit and are collected, developed, made, and 22288
maintained in good faith as part of the audit, and may include, 22289
without limitation:22290

       (1) Analytical data, laboratory reports, field notes and 22291
records of observations, findings, opinions, suggestions, 22292
conclusions, drafts, memoranda, drawings, photographs, 22293
computer-generated or electronically recorded information, maps, 22294
charts, graphs, and surveys;22295

       (2) Reports that describe the scope, objectives, and methods 22296
of the environmental audit, audit management policies, the 22297
information gained by the environmental audit, and conclusions and 22298
recommendations together with exhibits and appendices;22299

       (3) Memoranda, documents, records, and plans analyzing the 22300
environmental audit report or discussing implementation, 22301
prevention, compliance, and remediation issues associated with the 22302
environmental audit.22303

       "Environmental audit report" does not mean corrective or 22304
remedial action taken pursuant to an environmental audit.22305

       (E) "Environmental laws" means sections 939.02, 1511.02, and 22306
1531.29, Chapters 3704., 3734., 3745., 3746., 3750., 3751., 3752., 22307
6109., and 6111. of the Revised Code, and any other sections or 22308
chapters of the Revised Code the principal purpose of which is 22309
environmental protection; any federal or local counterparts or 22310
extensions of those sections or chapters; rules adopted under any 22311
such sections, chapters, counterparts, or extensions; and terms 22312
and conditions of orders, permits, licenses, license renewals, 22313
variances, exemptions, or plan approvals issued under such 22314
sections, chapters, counterparts, or extensions.22315

       Sec. 3750.13.  (A)(1) Except as provided in division (A)(3) 22316
or (4) of this section, the owner or operator of a facility 22317
required to annually file an emergency and hazardous chemical 22318
inventory form under section 3750.08 of the Revised Code shall 22319
submit with the inventory form a filing fee of one hundred fifty 22320
dollars. In addition to the filing fee, the owner or operator 22321
shall submit with the inventory form the following additional fees 22322
for reporting inventories of the individual hazardous chemicals 22323
and extremely hazardous substances produced, used, or stored at 22324
the facility:22325

       (a) Except as provided in division (A)(1)(b) of this section, 22326
an additional fee of twenty dollars per hazardous chemical 22327
enumerated on the inventory form;22328

       (b) An additional fee of one hundred fifty dollars per 22329
extremely hazardous substance enumerated on the inventory form. 22330
The fee established in division (A)(1)(a) of this section does not 22331
apply to the reporting of the inventory of a hazardous chemical 22332
that is also an extremely hazardous substance to which the 22333
inventory reporting fee established in division (A)(1)(b) of this 22334
section applies.22335

       The total fees required to accompany any inventory form shall 22336
not exceed twenty-five hundred dollars.22337

       (2) An owner or operator of a facility who fails to submit 22338
such an inventory form within thirty days after the applicable 22339
filing date prescribed in section 3750.08 of the Revised Code 22340
shall submit with the inventory form a late filing fee in the 22341
amount of ten per cent per year of the total fees due under 22342
division (A)(1) or (4) of this section, in addition to the fees 22343
due under division (A)(1) or (4) of this section.22344

       (3) The owner or operator of a facility who, during the 22345
preceding year, was required to pay a fee to a municipal 22346
corporation pursuant to an ordinance, rule, or requirement that 22347
was in effect on the effective date of this section for the 22348
reporting or providing of the names or amounts of extremely 22349
hazardous substances or hazardous chemicals produced, used, or 22350
stored at the facility may claim a credit against the fees due 22351
under division (A)(1) or (4) of this section for the fees paid to 22352
the municipal corporation pursuant to its reporting requirement. 22353
The amount of the credit claimed in any reporting year shall not 22354
exceed the amount of the fees due under division (A)(1) or (4) of 22355
this section during that reporting year, and no unused portion of 22356
the credit shall be carried over to subsequent years. In order to 22357
claim a credit under this division, the owner or operator shall 22358
submit with the emergency and hazardous chemical inventory form a 22359
receipt issued by the municipal corporation or other documentation 22360
acceptable to the commission indicating the amount of the fee paid 22361
to the municipal corporation and the date on which the fee was 22362
paid.22363

       (4) An owner or operator who is regulated under Chapter 1509. 22364
of the Revised Code and who submits information under section 22365
1509.11 of the Revised Code for not more than twenty-five 22366
facilities shall submit to the emergency response commission on or 22367
before the first day of March a flat fee of fifty dollars if the 22368
facilities meet all of the following conditions:22369

       (a) The facility exclusively stores crude oil or liquid 22370
hydrocarbons or other fluids resulting, obtained, or produced in 22371
connection with the production or storage of crude oil or natural 22372
gas.22373

       (b) The crude oil, liquid hydrocarbons, or other fluids 22374
stored at the facility are conveyed directly to it through piping 22375
or tubing.22376

       (c) The facility is located on the same site as, or on a site 22377
adjacent to, the well from which the crude oil, liquid 22378
hydrocarbons, or other fluids are produced or obtained.22379

       (d) The facility is used for the storage of the crude oil, 22380
liquid hydrocarbons, or other fluids prior to their transportation 22381
off the premises of the facility for sale, use, or disposal.22382

       An owner or operator who submits information for more than 22383
twenty-five facilities that meet all of the conditions prescribed 22384
in divisions (A)(4)(a) to (d) of this section shall submit to the 22385
commission a base fee of fifty dollars and an additional filing 22386
fee of ten dollars for each facility reported in excess of 22387
twenty-five, but not exceeding a total fee of nine hundred 22388
dollars.22389

       As used in division (A)(4) of this section, "owner or 22390
operator" means the person who actually owns or operates any such 22391
facility and any other person who controls, is controlled by, or 22392
is under common control with the person who actually owns or 22393
operates the facility.22394

       (B) The emergency response commission and the local emergency 22395
planning committee of an emergency planning district may establish 22396
fees to be paid by persons, other than public officers or 22397
employees, obtaining copies of documents or information submitted 22398
to the commission or a committee under this chapter. The fees 22399
shall be established at a level calculated to defray the costs to 22400
the commission or committee for copying the documents or 22401
information, but shall not exceed the maximum fees established in 22402
rules adopted under division (B)(8) of section 3750.02 of the 22403
Revised Code.22404

       (C) Except as provided in this division and division (B) of 22405
this section, and except for fees authorized by section 3737.22 of 22406
the Revised Code or rules adopted under sections 3737.82 to 22407
3737.882 of the Revised Code and collected exclusively for either 22408
of those purposes, no committee or political subdivision shall 22409
levy any fee, tax, excise, or other charge to carry out the 22410
purposes of this chapter. A committee may charge the actual costs 22411
involved in accessing any computerized data base established by 22412
the commission under this chapter or by the United States 22413
environmental protection agency under the "Emergency Planning and 22414
Community Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. 22415
11001.22416

       (D) Moneys collected by the commission under this section 22417
shall be credited to the emergency planning and community 22418
right-to-know fund created in section 3750.14 of the Revised Code.22419

       Sec. 3750.14.  (A) There is hereby created in the state 22420
treasury the emergency planning and community right-to-know fund. 22421
Moneys received by the emergency response commission under section 22422
3750.13 of the Revised Code and civil penalties imposed under 22423
division (B) of section 3750.20 of the Revised Code shall be 22424
credited to the fund until an aggregate amount of five million 22425
dollars has been credited to it during a fiscal year. All moneys 22426
in excess of five million dollars so received during a fiscal year 22427
shall be credited to the emergency response and community 22428
right-to-know reserve fund created in section 3750.15 of the 22429
Revised Code.22430

       (B) The emergency response commission shall administer the 22431
emergency planning and community right-to-know fund. On or before 22432
the first day of May of each year, the commission shall allocate 22433
moneys in the fund for grants to each of the following entities or 22434
classes of entities in the percentages stated:22435

       (1) To the commission, not less than fifteen nor more than 22436
twenty-five per cent of the moneys in the fund;22437

       (2) To local emergency planning committees, not less than 22438
sixty-five nor more than seventy-five per cent of the moneys in 22439
the fund;22440

       (3) To fire departments, not less than five nor more than 22441
fifteen per cent of the moneys in the fund.22442

       Moneys credited to the fund under section 3750.13 of the 22443
Revised Code from the fees paid by the owner or operator of a 22444
facility who first submitted an emergency and hazardous chemical 22445
inventory form for the facility on or before the first day of 22446
March of the current year shall not be considered when making 22447
allocations under divisions (B)(1), (2), and (3) of this section, 22448
but shall be distributed pursuant to division (E) of this section. 22449
The allocated moneys shall be distributed at the start of each 22450
fiscal year. The commission's decisions on the distribution of 22451
moneys from the fund are not appealable.22452

       (C) From the moneys allocated under division (B)(1), (2), or 22453
(3) of this section, as appropriate, the commission shall make 22454
grants from the fund to the commission, local emergency planning 22455
committees, and fire departments for implementation and 22456
administration of this chapter and rules adopted under it, 22457
including, without limitation, the development and implementation 22458
of chemical emergency response and preparedness plans. The 22459
commission shall make grants under this division in accordance 22460
with rules adopted under division (B)(7) of section 3750.02 of the 22461
Revised Code. In making grants to committees and fire departments 22462
under this division, the commission shall consider the needs of 22463
the emergency planning district or fire department in terms of the 22464
minimum amount of money necessary for a committee to prepare or 22465
revise, exercise, and review its chemical emergency response and 22466
preparedness plan in terms of its minimum requirements for 22467
personnel and essential office equipment; the number of facilities 22468
in the district or under the jurisdiction of the fire department 22469
that are subject to section 3750.05 of the Revised Code; the 22470
amounts of extremely hazardous substances produced, used, or 22471
stored in the district or territory under the jurisdiction of the 22472
fire department; the amounts of hazardous materials transported in 22473
or through the district or territory under the jurisdiction of the 22474
fire department; and the population within the district or under 22475
the jurisdiction of the fire department that resides in close 22476
proximity to facilities that are subject to that section and to 22477
principal routes for the transportation of hazardous materials 22478
identified or listed by regulations adopted under the "Hazardous 22479
Materials Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 22480
1801, as amended.22481

       Each application for a grant under this division shall be 22482
made in accordance with rules adopted under division (B)(7) of 22483
section 3750.02 of the Revised Code and shall demonstrate that the 22484
grant will enhance the ability of the recipient or, in the case of 22485
the commission, the state as a whole to prepare for and respond to 22486
releases of hazardous substances and extremely hazardous 22487
substances. A fire department shall apply for and receive a grant 22488
under this division only through the committee for the emergency 22489
planning district in which the fire department is located.22490

       (D)(1) Moneys received by the commission, committees, and 22491
fire departments under this section shall not be used to do any of 22492
the following:22493

       (a) Acquire first response equipment, except as otherwise 22494
provided in division (D)(4) of this section;22495

       (b) Defray costs for copying and mailing hazardous chemical 22496
lists, material safety data sheets, or emergency and hazardous 22497
chemical inventory forms submitted under this chapter for 22498
distribution to the public;22499

       (c) Reimburse any person for expenditures incurred for 22500
emergency response and cleanup of a release of oil, a hazardous 22501
substance, or an extremely hazardous substance;22502

       (d) Perform any assessment of damages to natural resources 22503
resulting from a release of oil, a hazardous substance, or an 22504
extremely hazardous substance.22505

       (2) The commission may use moneys in the fund to pay the 22506
costs incurred by other state agencies in implementing and 22507
administering the requirements of this chapter and rules adopted 22508
under it.22509

       (3) In making a grant under this section to the fire 22510
department of a municipal corporation that is collecting a fee 22511
pursuant to an ordinance, rule, or requirement for the reporting 22512
or providing of the names and amounts of extremely hazardous 22513
substances or hazardous chemicals produced, used, or stored at 22514
facilities in the municipal corporation that was in effect on the 22515
effective date of this section, the commission shall first 22516
determine the amount of the grant for which the fire department 22517
would otherwise be eligible under this section and shall subtract 22518
from that amount the total amount of the moneys collected by the 22519
municipal corporation during the preceding year pursuant to the 22520
reporting requirement, as certified to the commission in the grant 22521
application. If that calculation yields a positive remainder, the 22522
commission may make a grant to the fire department in that amount. 22523
Otherwise, the fire department is not eligible for a grant under 22524
this section for that year.22525

       (4) After a committee determines that the initial training 22526
needs for emergency management personnel within its emergency 22527
planning district set forth in the committee's plan or most recent 22528
review of its plan under section 3750.04 of the Revised Code have 22529
been met, a committee may make grants from the moneys it receives 22530
under this section to fire departments located within the district 22531
for the purchase of first response equipment.22532

       (5) During the first three fiscal years commencing after 22533
December 14, 1988, political subdivisions within an emergency 22534
planning district may apply to the committee of the district for 22535
reimbursement of moneys spent and in-kind contributions made by 22536
the political subdivision to the committee at any time prior to 22537
the committee's receipt of its first grant under this section for 22538
performance of the functions of a local emergency planning 22539
committee. The committee may make grants from the moneys it 22540
receives under this section during those fiscal years to reimburse 22541
any portion of the contributions made by a political subdivision 22542
to the committee to the extent that the committee considers that 22543
moneys are available for that purpose.22544

       (E) In the year in which the owner or operator of a facility 22545
who is subject to filing an emergency and hazardous chemical 22546
inventory form for the facility first files a form for the 22547
facility, the commission shall make a grant to the local emergency 22548
planning committee of the emergency planning district in which the 22549
facility is located for the total amount of the fees and any 22550
penalties collected under division (A)(1),or (2), or (4) of 22551
section 3750.13 of the Revised Code in that year in connection 22552
with the filing of the form for the facility. The amount of the 22553
grant provided under this division shall be in addition to any 22554
grant provided to the committee under division (C) of this section 22555
or division (B) of section 3750.15 of the Revised Code. The amount 22556
of a grant to be provided under this division shall not be 22557
considered in determining the committee's need for a grant under 22558
division (C) of this section or division (B) of section 3750.15 of 22559
the Revised Code or in determining the amount of any such grant. 22560
If a committee also will receive a grant under division (C) of 22561
this section, the grant provided under this division shall 22562
accompany that grant. If a committee will not receive a grant 22563
under division (C) of this section in a year in which the 22564
committee is to receive a grant under this division, the grant 22565
under this division shall be made to the committee at the time 22566
that the grants under division (C) of this section are 22567
distributed. Moneys received by a local committee under this 22568
division shall be used for the same purposes as the grants 22569
received under division (C) of this section.22570

       Sec. 3770.01.  (A) There is hereby created the state lottery 22571
commission consisting of nine members appointed by the governor 22572
with the advice and consent of the senate. No more than five 22573
members of the commission shall be members of the same political 22574
party. Of the additional and new appointments made to the 22575
commission pursuant to the amendment of August 1, 1980, three 22576
shall be for terms ending August 1, 1981, three shall be for terms 22577
ending August 1, 1982, and three shall be for terms ending August 22578
1, 1983. Thereafter, terms of office shall be for three years, 22579
each term ending on the same day of the same month of the year as 22580
did the term which it succeeds. 22581

       (B) Each member shall hold office from the date of 22582
appointment until the end of the term for which the member was 22583
appointed. Any member appointed to fill a vacancy occurring prior 22584
to the expiration of the term for which the member's predecessor 22585
was appointed shall hold office for the remainder of that term. 22586
Any member shall continue in office subsequent to the expiration 22587
date of the member's term until the member's successor takes 22588
office, or until a period of sixty days has elapsed, whichever 22589
occurs first.22590

       (C) All members of the commission shall be citizens of the 22591
United States and residents of this state. The members of the 22592
commission shall represent the various geographic regions of the 22593
state. No member of the commission shall have any pecuniary 22594
interest in any contract or license awarded by the commission. One 22595
person appointed as a member of the commission shall represent an 22596
organization that deals withhave experience or training in the 22597
area of problem gambling or other addictions and assistsin 22598
assistance to recovering gambling or other addicts. Each person 22599
appointed as a member of the commission, except the member 22600
appointed as a representative of an organization that deals with 22601
problem gambling and assists recovering gambling addicts, shall 22602
have prior experience or education in business administration, 22603
management, sales, marketing, or advertising.22604

       (D) The commission shall elect annually one of its members to 22605
serve as chairperson for a term of one year. Election as 22606
chairperson shall not extend a member's appointive term. Each 22607
member of the commission shall receive an annual salary of five 22608
thousand dollars, payable in monthly installments. Each member of 22609
the commission also shall receive the member's actual and 22610
necessary expenses incurred in the discharge of the member's 22611
official duties.22612

       (E) Each member of the commission, before entering upon the 22613
discharge of the member's official duties, shall give a bond, 22614
payable to the treasurer of state, in the sum of ten thousand 22615
dollars with sufficient sureties to be approved by the treasurer 22616
of state, which bond shall be filed with the secretary of state.22617

       (F) The governor may remove any member of the commission for 22618
malfeasance, misfeasance, or nonfeasance in office, giving the 22619
member a copy of the charges against the member and affording the 22620
member an opportunity to be publicly heard in person or by counsel 22621
in the member's own defense upon not less than ten days' notice. 22622
If the member is removed, the governor shall file in the office of 22623
the secretary of state a complete statement of all charges made 22624
against the member and the governor's finding on the charges, 22625
together with a complete report of the proceedings, and the 22626
governor's decision on the charges is final.22627

       (G) The commission shall maintain offices at locations in the 22628
state as it may consider necessary for the efficient performance 22629
of its functions. The director shall maintain an office in 22630
Columbus to coordinate the activities of the state lottery 22631
commission with other state departments.22632

       Sec. 3770.02.  (A) Subject to the advice and consent of the 22633
senate, the governor shall appoint a director of the state lottery 22634
commission who shall serve at the pleasure of the governor. The 22635
director shall devote full time to the duties of the office and 22636
shall hold no other office or employment. The director shall meet 22637
all requirements for appointment as a member of the commission and 22638
shall, by experience and training, possess management skills that 22639
equip the director to administer an enterprise of the nature of a 22640
state lottery. The director shall receive an annual salary in 22641
accordance with pay range 48 of section 124.152 of the Revised 22642
Code.22643

       (B)(1) The director shall attend all meetings of the 22644
commission and shall act as its secretary. The director shall keep 22645
a record of all commission proceedings and shall keep the 22646
commission's records, files, and documents at the commission's 22647
principal office. All records of the commission's meetings shall 22648
be available for inspection by any member of the public, upon a 22649
showing of good cause and prior notification to the director.22650

       (2) The director shall be the commission's executive officer 22651
and shall be responsible for keeping all commission records and 22652
supervising and administering the state lottery in accordance with 22653
this chapter, and carrying out all commission rules adopted under 22654
section 3770.03 of the Revised Code.22655

       (C)(1) The director shall appoint an assistant director, 22656
deputy directors of marketing, operations, sales, finance, public 22657
relations, security, and administration, and as many regional 22658
managers as are required. The director may also appoint necessary 22659
professional, technical, and clerical assistants. All such 22660
officers and employees shall be appointed and compensated pursuant 22661
to Chapter 124. of the Revised Code. Regional and assistant 22662
regional managers, sales representatives, and any lottery 22663
executive account representatives shall remain in the unclassified 22664
service.22665

       (2) The director, in consultation with the director of 22666
administrative services, may establish standards of proficiency 22667
and productivity for commission field representatives.22668

       (D) The director shall request the bureau of criminal 22669
identification and investigation, the department of public safety, 22670
or any other state, local, or federal agency to supply the 22671
director with the criminal records of any job applicant and may 22672
periodically request the criminal records of commission employees. 22673
At or prior to the time of making such a request, the director 22674
shall require a job applicant or commission employee to obtain 22675
fingerprint cards prescribed by the superintendent of the bureau 22676
of criminal identification and investigation at a qualified law 22677
enforcement agency, and the director shall cause these fingerprint 22678
cards to be forwarded to the bureau of criminal identification and 22679
investigation and the federal bureau of investigation. The 22680
commission shall assume the cost of obtaining the fingerprint 22681
cards and shall pay to each agency supplying criminal records for 22682
each investigation under this division a reasonable fee, as 22683
determined by the agency.22684

       (E) The director shall license lottery sales agents pursuant 22685
to section 3770.05 of the Revised Code and, when it is considered 22686
necessary, may revoke or suspend the license of any lottery sales 22687
agent. The director may license video lottery technology 22688
providers, independent testing laboratories, and gaming employees, 22689
and promulgate rules relating thereto. When the director considers 22690
it necessary, the director may suspend or revoke the license of a 22691
video lottery technology provider, independent testing laboratory, 22692
or gaming employee, including suspension or revocation without 22693
affording an opportunity for a prior hearing under section 119.07 22694
of the Revised Code when the public safety, convenience, or trust 22695
requires immediate action.22696

       (F) The director shall confer at least once each month with 22697
the commission, at which time the director shall advise it 22698
regarding the operation and administration of the lottery. The 22699
director shall make available at the request of the commission all 22700
documents, files, and other records pertaining to the operation 22701
and administration of the lottery. The director shall prepare and 22702
make available to the commission each month a complete and 22703
accurate accounting of lottery revenues, prize money disbursements 22704
and the cost of goods and services awarded as prizes, operating 22705
expenses, and all other relevant financial information, including 22706
an accounting of all transfers made from any lottery funds in the 22707
custody of the treasurer of state to benefit education.22708

       (G) The director may enter into contracts for the operation 22709
or promotion of the lottery pursuant to Chapter 125. of the 22710
Revised Code. 22711

       (H)(1) Pursuant to rules adopted by the commission under 22712
section 3770.03 of the Revised Code, the director shall require 22713
any lottery sales agents to deposit to the credit of the state 22714
lottery fund, in banking institutions designated by the treasurer 22715
of state, net proceeds due the commission as determined by the 22716
director.22717

       (2) Pursuant to rules adopted by the commission under Chapter 22718
119. of the Revised Code, the director may impose penalties for 22719
the failure of a sales agent to transfer funds to the commission 22720
in a timely manner. Penalties may include monetary penalties, 22721
immediate suspension or revocation of a license, or any other 22722
penalty the commission adopts by rule.22723

       (I) The director may arrange for any person, or any banking 22724
institution, to perform functions and services in connection with 22725
the operation of the lottery as the director may consider 22726
necessary to carry out this chapter.22727

       (J)(1) As used in this chapter, "statewide joint lottery 22728
game" means a lottery game that the commission sells solely within 22729
this state under an agreement with other lottery jurisdictions to 22730
sell the same lottery game solely within their statewide or other 22731
jurisdictional boundaries. 22732

       (2) If the governor directs the director to do so, the 22733
director shall enter into an agreement with other lottery 22734
jurisdictions to conduct statewide joint lottery games. If the 22735
governor signs the agreement personally or by means of an 22736
authenticating officer pursuant to section 107.15 of the Revised 22737
Code, the director then may conduct statewide joint lottery games 22738
under the agreement. Before the governor directs the director to 22739
enter into an agreement, the commission may begin discussions and 22740
the planning process for a statewide joint lottery game, but the 22741
commission shall not enter into an agreement, submit rules to the 22742
commission members, or file the rules for the game under division 22743
(B) or (H) of section 119.03 of the Revised Code before the 22744
governor directs the director to enter into the agreement.22745

       (3) The entire net proceeds from any statewide joint lottery 22746
games shall be used to fund elementary, secondary, vocational, and 22747
special education programs in this state.22748

       (4) The commission shall conduct any statewide joint lottery 22749
games in accordance with rules it adopts under division (B)(5) of 22750
section 3770.03 of the Revised Code.22751

       (K)(1) The director shall enter into an agreement with the 22752
department of mental health and addiction services under which the 22753
department shall provide a program of gambling addiction services 22754
on behalf of the commission. The commission shall pay the costs of 22755
the program provided pursuant to the agreement.22756

        (2) As used in this section, "gambling addiction services" 22757
has the same meaning as in section 5119.01 of the Revised Code.22758

       Sec. 3770.05.  (A) As used in this section, "person" means 22759
any person, association, corporation, partnership, club, trust, 22760
estate, society, receiver, trustee, person acting in a fiduciary 22761
or representative capacity, instrumentality of the state or any of 22762
its political subdivisions, or any other combination of 22763
individuals meeting the requirements set forth in this section or 22764
established by rule or order of the state lottery commission.22765

       (B) The director of the state lottery commission may license 22766
any person as a lottery sales agent. No license shall be issued to 22767
any person or group of persons to engage in the sale of lottery 22768
tickets as the person's or group's sole occupation or business.22769

       Before issuing any license to a lottery sales agent, the 22770
director shall consider all of the following:22771

       (1) The financial responsibility and security of the 22772
applicant and the applicant's business or activity;22773

       (2) The accessibility of the applicant's place of business or 22774
activity to the public;22775

       (3) The sufficiency of existing licensed agents to serve the 22776
public interest;22777

       (4) The volume of expected sales by the applicant;22778

       (5) Any other factors pertaining to the public interest, 22779
convenience, or trust.22780

       (C) Except as otherwise provided in division (F) of this 22781
section, the director of the state lottery commission shall refuse 22782
to grant, or shall suspend or revoke, a license if the applicant 22783
or licensee:22784

       (1) Has been convicted of a felony or has been convicted of a 22785
crime involving moral turpitude;22786

       (2) Has been convicted of an offense that involves illegal 22787
gambling;22788

       (3) Has been found guilty of fraud or misrepresentation in 22789
any connection;22790

       (4) Has been found to have violated any rule or order of the 22791
commission; or22792

       (5) Has been convicted of illegal trafficking in supplemental 22793
nutrition assistance program benefits.22794

       (D) Except as otherwise provided in division (F) of this 22795
section, the director of the state lottery commission shall refuse 22796
to grant, or shall suspend or revoke, a license if the applicant 22797
or licensee is a corporation and any of the following applies:22798

       (1) Any of the corporation's directors, officers, or 22799
controlling shareholders has been found guilty of any of the 22800
activities specified in divisions (C)(1) to (5) of this section;22801

       (2) It appears to the director of the state lottery 22802
commission that, due to the experience, character, or general 22803
fitness of any director, officer, or controlling shareholder of 22804
the corporation, the granting of a license as a lottery sales 22805
agent would be inconsistent with the public interest, convenience, 22806
or trust;22807

       (3) The corporation is not the owner or lessee of the 22808
business at which it would conduct a lottery sales agency pursuant 22809
to the license applied for;22810

       (4) Any person, firm, association, or corporation other than 22811
the applicant or licensee shares or will share in the profits of 22812
the applicant or licensee, other than receiving dividends or 22813
distributions as a shareholder, or participates or will 22814
participate in the management of the affairs of the applicant or 22815
licensee.22816

       (E)(1) The director of the state lottery commission shall 22817
refuse to grant a license to an applicant for a lottery sales 22818
agent license and shall revoke a lottery sales agent license if 22819
the applicant or licensee is or has been convicted of a violation 22820
of division (A) or (C)(1) of section 2913.46 of the Revised Code.22821

       (2) The director shall refuse to grant a license to an 22822
applicant for a lottery sales agent license that is a corporation 22823
and shall revoke the lottery sales agent license of a corporation 22824
if the corporation is or has been convicted of a violation of 22825
division (A) or (C)(1) of section 2913.46 of the Revised Code.22826

       (F) The director of the state lottery commission shall 22827
request the bureau of criminal identification and investigation, 22828
the department of public safety, or any other state, local, or 22829
federal agency to supply the director with the criminal records of 22830
any applicant for a lottery sales agent license, and may 22831
periodically request the criminal records of any person to whom a 22832
lottery sales agent license has been issued. At or prior to the 22833
time of making such a request, the director shall require an 22834
applicant or licensee to obtain fingerprint impressions on 22835
fingerprint cards prescribed by the superintendent of the bureau 22836
of criminal identification and investigation at a qualified law 22837
enforcement agency, and the director shall cause those fingerprint 22838
cards to be forwarded to the bureau of criminal identification and 22839
investigation, to the federal bureau of investigation, or to both 22840
bureaus. The commission shall assume the cost of obtaining the 22841
fingerprint cards. 22842

       The director shall pay to each agency supplying criminal 22843
records for each investigation a reasonable fee, as determined by 22844
the agency. 22845

       The commission may adopt uniform rules specifying time 22846
periods after which the persons described in divisions (C)(1) to 22847
(5) and (D)(1) to (4) of this section may be issued a license and 22848
establishing requirements for those persons to seek a court order 22849
to have records sealed in accordance with law.22850

       (G)(1) Each applicant for a lottery sales agent license shall 22851
do both of the following:22852

       (a) Pay fees to the state lottery commission, if required by 22853
rule adopted by the director under Chapter 119. of the Revised 22854
Code and the controlling board approves the fees;22855

       (b) Prior to approval of the application, obtain a surety 22856
bond in an amount the director determines by rule adopted under 22857
Chapter 119. of the Revised Code or, alternatively, with the 22858
director's approval, deposit the same amount into a dedicated 22859
account for the benefit of the state lottery. The director also 22860
may approve the obtaining of a surety bond to cover part of the 22861
amount required, together with a dedicated account deposit to 22862
cover the remainder of the amount required. The director also may 22863
establish an alternative program or policy, with the approval of 22864
the commission by rule adopted under Chapter 119. of the Revised 22865
Code, that otherwise ensures the lottery's financial interests are 22866
adequately protected. If such an alternative program or policy is 22867
established, an applicant or lottery sales agent, subject to the 22868
director's approval, may be permitted to participate in the 22869
program or proceed under that policy in lieu of providing a surety 22870
bond or dedicated amount.22871

       A surety bond may be with any company that complies with the 22872
bonding and surety laws of this state and the requirements 22873
established by rules of the commission pursuant to this chapter. A 22874
dedicated account deposit shall be conducted in accordance with 22875
policies and procedures the director establishes.22876

       A surety bond, dedicated account, other established program 22877
or policy, or any combination of these resources, as applicable, 22878
may be used to pay for the lottery sales agent's failure to make 22879
prompt and accurate payments for lottery ticket sales, for missing 22880
or stolen lottery tickets, for damage to equipment or materials 22881
issued to the lottery sales agent, or to pay for expenses the 22882
commission incurs in connection with the lottery sales agent's 22883
license.22884

       (2) A lottery sales agent license is effective for at least 22885
one year, but not more than three years.22886

       A licensed lottery sales agent, on or before the date 22887
established by the director, shall renew the agent's license and 22888
provide at that time evidence to the director that the surety 22889
bond, dedicated account deposit, or both, required under division 22890
(G)(1)(b) of this section has been renewed or is active, whichever 22891
applies. 22892

        Before the commission renews a lottery sales agent license, 22893
the lottery sales agent shall submit a renewal fee to the 22894
commission, if one is required by rule adopted by the director 22895
under Chapter 119. of the Revised Code and the controlling board 22896
approves the renewal fee. The renewal fee shall not exceed the 22897
actual cost of administering the license renewal and processing 22898
changes reflected in the renewal application. The renewal of the 22899
license is effective for at least one year, but not more than 22900
three years.22901

       (3) A lottery sales agent license shall be complete, 22902
accurate, and current at all times during the term of the license. 22903
Any changes to an original license application or a renewal 22904
application may subject the applicant or lottery sales agent, as 22905
applicable, to paying an administrative fee that shall be in an 22906
amount that the director determines by rule adopted under Chapter 22907
119. of the Revised Code, that the controlling board approves, and 22908
that shall not exceed the actual cost of administering and 22909
processing the changes to an application.22910

       (4) The relationship between the commission and a lottery 22911
sales agent is one of trust. A lottery sales agent collects funds 22912
on behalf of the commission through the sale of lottery tickets 22913
for which the agent receives a compensation.22914

       (H) Pending a final resolution of any question arising under 22915
this section, the director of the state lottery commission may 22916
issue a temporary lottery sales agent license, subject to the 22917
terms and conditions the director considers appropriate.22918

       (I) If a lottery sales agent's rental payments for the 22919
lottery sales agent's premises are determined, in whole or in 22920
part, by the amount of retail sales the lottery sales agent makes, 22921
and if the rental agreement does not expressly provide that the 22922
amount of those retail sales includes the amounts the lottery 22923
sales agent receives from lottery ticket sales, only the amounts 22924
the lottery sales agent receives as compensation from the state 22925
lottery commission for selling lottery tickets shall be considered 22926
to be amounts the lottery sales agent receives from the retail 22927
sales the lottery sales agent makes, for the purpose of computing 22928
the lottery sales agent's rental payments.22929

       Sec. 3772.01. As used in this chapter:22930

       (A) "Applicant" means any person who applies to the 22931
commission for a license under this chapter.22932

       (B) "Casino control commission fund" means the casino control 22933
commission fund described in Section 6(C)(3)(d) of Article XV, 22934
Ohio Constitution, the money in which shall be used to fund the 22935
commission and its related affairs.22936

       (C) "Casino facility" means a casino facility as defined in 22937
Section 6(C)(9) of Article XV, Ohio Constitution.22938

       (D) "Casino game" means any slot machine or table game as 22939
defined in this chapter.22940

       (E) "Casino gaming" means any type of slot machine or table 22941
game wagering, using money, casino credit, or any representative 22942
of value, authorized in any of the states of Indiana, Michigan, 22943
Pennsylvania, and West Virginia as of January 1, 2009, and 22944
includes slot machine and table game wagering subsequently 22945
authorized by, but shall not be limited by, subsequent 22946
restrictions placed on such wagering in such states. "Casino 22947
gaming" does not include bingo, as authorized in Section 6 of 22948
Article XV, Ohio Constitution and conducted as of January 1, 2009, 22949
or horse racing where the pari-mutuel system of wagering is 22950
conducted, as authorized under the laws of this state as of 22951
January 1, 2009.22952

       (F) "Casino gaming employee" means any employee of a casino 22953
operator or management company, but not a key employee, and as 22954
further defined in section 3772.131 of the Revised Code.22955

       (G) "Casino operator" means any person, trust, corporation, 22956
partnership, limited partnership, association, limited liability 22957
company, or other business enterprise that directly or indirectly 22958
holds an ownership or leasehold interest in a casino facility. 22959
"Casino operator" does not include an agency of the state, any 22960
political subdivision of the state, any person, trust, 22961
corporation, partnership, limited partnership, association, 22962
limited liability company, or other business enterprise that may 22963
have an interest in a casino facility, but who is legally or 22964
contractually restricted from conducting casino gaming.22965

       (H) "Central system" means a computer system that provides 22966
the following functions related to casino gaming equipment used in 22967
connection with casino gaming authorized under this chapter or 22968
skill-based amusement machine equipment used in accordance with 22969
this chapter and Chapter 2915. of the Revised Code: security, 22970
auditing, data and information retrieval, and other purposes 22971
deemed necessary and authorized by the commission.22972

       (I) "Cheat" means to alter the result of a casino game, the 22973
element of chance, the operation of a machine used in a casino 22974
game, or the method of selection of criteria that determines (a) 22975
the result of the casino game, (b) the amount or frequency of 22976
payment in a casino game, (c) the value of a wagering instrument, 22977
or (d) the value of a wagering credit. "Cheat" does not include an 22978
individual who, without the assistance of another individual or 22979
without the use of a physical aid or device of any kind, uses the 22980
individual's own ability to keep track of the value of cards 22981
played and uses predictions formed as a result of the tracking 22982
information in the individual's playing and betting strategy.22983

       (J) "Commission" means the Ohio casino control commission.22984

       (K) "Gaming agent" means a peace officer employed by the 22985
commission that is vested with duties to enforce this chapter and 22986
conduct other investigations into the conduct of the casino gaming 22987
and the maintenance of the equipment that the commission considers 22988
necessary and proper and is in compliance with section 109.77 of 22989
the Revised Code.22990

       (L) "Gaming-related vendor" means any individual, 22991
partnership, corporation, association, trust, or any other group 22992
of individuals, however organized, who supplies gaming-related 22993
equipment, goods, or services to a casino operator or management 22994
company, that are directly related to or affect casino gaming 22995
authorized under this chapter, including, but not limited to, the 22996
manufacture, sale, distribution, or repair of slot machines and 22997
table game equipment, or who supplies skill-based amusement 22998
machine equipment, goods, or services to a skill-based amusement 22999
machine operator.23000

       (M) "Holding company" means any corporation, firm, 23001
partnership, limited partnership, limited liability company, 23002
trust, or other form of business organization not a natural person 23003
which directly or indirectly does any of the following:23004

       (1) Has the power or right to control a casino operator, 23005
management company, skill-based amusement machine operator, or 23006
gaming-related vendor license applicant or licensee;23007

       (2) Holds an ownership interest of five per cent or more, as 23008
determined by the commission, in a casino operator, management 23009
company, skill-based amusement machine operator, or gaming-related 23010
vendor license applicant or licensee; 23011

       (3) Holds voting rights with the power to vote five per cent 23012
or more of the outstanding voting rights of a casino operator, 23013
management company, skill-based amusement machine operator, or 23014
gaming-related vendor applicant or licensee.23015

       (N) "Initial investment" includes costs related to 23016
demolition, engineering, architecture, design, site preparation, 23017
construction, infrastructure improvements, land acquisition, 23018
fixtures and equipment, insurance related to construction, and 23019
leasehold improvements.23020

       (O) "Institutional investor" means any of the following 23021
entities owning five per cent or more, but less than fifteen per 23022
cent, of an ownership interest in a casino facility, casino 23023
operator, management company, skill-based amusement machine 23024
operator, gaming-related vendor, or holding company: a 23025
corporation, bank, insurance company, pension fund or pension fund 23026
trust, retirement fund, including funds administered by a public 23027
agency, employees' profit-sharing fund or employees' 23028
profit-sharing trust, any association engaged, as a substantial 23029
part of its business or operations, in purchasing or holding 23030
securities, including a hedge fund, mutual fund, or private equity 23031
fund, or any trust in respect of which a bank is trustee or 23032
cotrustee, investment company registered under the "Investment 23033
Company Act of 1940," 15 U.S.C. 80a-1 et seq., collective 23034
investment trust organized by banks under Part Nine of the Rules 23035
of the Comptroller of the Currency, closed-end investment trust, 23036
chartered or licensed life insurance company or property and 23037
casualty insurance company, investment advisor registered under 23038
the "Investment Advisors Act of 1940," 15 U.S.C. 80 b-1 et seq., 23039
and such other persons as the commission may reasonably determine 23040
to qualify as an institutional investor for reasons consistent 23041
with this chapter, and that does not exercise control over the 23042
affairs of a licensee and its ownership interest in a licensee is 23043
for investment purposes only, as set forth in division (E) of 23044
section 3772.10 of the Revised Code.23045

       (P) "Key employee" means any executive, employee, or agent 23046
who has the power to exercise significant influence over decisions 23047
concerning any part of the operation of a casino operator or,23048
management company licensee having the power to exercise 23049
significant influence over decisions concerning any part of the 23050
operation of such licensee, skill-based amusement machine 23051
operator, holding company, or gaming-related vendor, including:23052

       (1) An officer, director, trustee, or partner of a person 23053
that has applied for or holds a casino operator, management 23054
company, skill-based amusement machine operator, or gaming-related 23055
vendor license or of a holding company that has control of a 23056
person that has applied for or holds a casino operator, management 23057
company, skill-based amusement machine operator, or gaming-related 23058
vendor license;23059

       (2) A person that holds a direct or indirect ownership 23060
interest of more than one per cent in a person that has applied 23061
for or holds a casino operator, management company, skill-based 23062
amusement machine operator, or gaming-related vendor license or 23063
holding company that has control of a person that has applied for 23064
or holds a casino operator, management company, skill-based 23065
amusement machine operator, or gaming-related vendor license;23066

       (3) A managerial employee who performs the function of 23067
principal executive officer, principal operating officer, 23068
principal accounting officer, or an equivalent officer or other 23069
person the commission determines has the power to exercise 23070
significant influence over decisions concerning any part of the 23071
operation of a person that has applied for or holds a casino 23072
operator, management company, skill-based amusement machine 23073
operator, or gaming-related vendor license in Ohio, or a 23074
managerial employee of a holding company that has control of a 23075
person that has applied for or holds a casino operator or 23076
gaming-related vendor license in Ohio, who performs the function 23077
of principal executive officer, principal operating officer, 23078
principal accounting officer, or an equivalent officer or other 23079
person the commission determines to have the power to exercise 23080
significant influence over decisions concerning any part of the 23081
operation of such licenseea license.23082

       The commission shall determine whether an individual whose 23083
duties or status varies from those described in this division also 23084
is considered a key employee.23085

       (Q) "Licensed casino operator" means a casino operator that 23086
has been issued a license by the commission and that has been 23087
certified annually by the commission to have paid all applicable 23088
fees, taxes, and debts to the state.23089

       (R) "Majority ownership interest" in a license or in a casino 23090
facility, as the case may be, means ownership of more than fifty 23091
per cent of such license or casino facility, as the case may be. 23092
For purposes of the foregoing, whether a majority ownership 23093
interest is held in a license or in a casino facility, as the case 23094
may be, shall be determined under the rules for constructive 23095
ownership of stock provided in Treas. Reg. 1.409A-3(i)(5)(iii) as 23096
in effect on January 1, 2009.23097

       (S) "Management company" means an organization retained by a 23098
casino operator to manage a casino facility and provide services 23099
such as accounting, general administration, maintenance, 23100
recruitment, and other operational services.23101

       (T) "Ohio law enforcement training fund" means the state law 23102
enforcement training fund described in Section 6(C)(3)(f) of 23103
Article XV, Ohio Constitution, the money in which shall be used to 23104
enhance public safety by providing additional training 23105
opportunities to the law enforcement community.23106

       (U) "Person" includes, but is not limited to, an individual 23107
or a combination of individuals; a sole proprietorship, a firm, a 23108
company, a joint venture, a partnership of any type, a joint-stock 23109
company, a corporation of any type, a corporate subsidiary of any 23110
type, a limited liability company, a business trust, or any other 23111
business entity or organization; an assignee; a receiver; a 23112
trustee in bankruptcy; an unincorporated association, club, 23113
society, or other unincorporated entity or organization; entities 23114
that are disregarded for federal income tax purposes; and any 23115
other nongovernmental, artificial, legal entity that is capable of 23116
engaging in business.23117

       (V) "Problem casino gambling and addictions fund" means the 23118
state problem gambling and addictions fund described in Section 23119
6(C)(3)(g) of Article XV, Ohio Constitution, the money in which 23120
shall be used for treatment of problem gambling and substance 23121
abuse, and for related research.23122

       (W) "Promotional gaming credit" means a slot machine or table 23123
game credit, discount, or other similar item issued to a patron to 23124
enable the placement of, or increase in, a wager at a slot machine 23125
or table game.23126

       (X) "Skill-based amusement machine" has the same meaning as 23127
in section 2915.01 of the Revised Code. 23128

       (Y) "Skill-based amusement machine operator" means a person 23129
that provides skill-based amusement machines to a player or 23130
participant.23131

       (Z) "Slot machine" means any mechanical, electrical, or other 23132
device or machine which, upon insertion of a coin, token, ticket, 23133
or similar object, or upon payment of any consideration, is 23134
available to play or operate, the play or operation of which, 23135
whether by reason of the skill of the operator or application of 23136
the element of chance, or both, makes individual prize 23137
determinations for individual participants in cash, premiums, 23138
merchandise, tokens, or any thing of value, whether the payoff is 23139
made automatically from the machine or in any other manner, but 23140
does not include any device that is a skill-based amusement 23141
machine, as defined in section 2915.01 of the Revised Code.23142

       (Y)(AA) "Table game" means any game played with cards, dice, 23143
or any mechanical, electromechanical, or electronic device or 23144
machine for money, casino credit, or any representative of value. 23145
"Table game" does not include slot machines.23146

       (Z)(BB) "Upfront license" means the first plenary license 23147
issued to a casino operator.23148

       (AA)(CC) "Voluntary exclusion program" means a program 23149
provided by the commission that allows persons to voluntarily 23150
exclude themselves from the gaming areas of facilities under the 23151
jurisdiction of the commission by placing their name on a 23152
voluntary exclusion list and following the procedures set forth by 23153
the commission.23154

       Sec. 3772.02. (A) There is hereby created the Ohio casino 23155
control commission described in Section 6(C)(1) of Article XV, 23156
Ohio Constitution.23157

       (B) The commission shall consist of seven members appointed 23158
within one month of the effective date of this sectionSeptember 23159
10, 2010, by the governor with the advice and consent of the 23160
senate. The governor shall forward all appointments to the senate 23161
within twenty-four hours.23162

       (1) Each commission member is eligible for reappointment at 23163
the discretion of the governor. No commission member shall be 23164
appointed for more than three terms in total.23165

       (2) Each commission member shall be a resident of Ohio.23166

       (3) At least one commission member shall be experienced in 23167
law enforcement and criminal investigation.23168

       (4) At least one commission member shall be a certified 23169
public accountant experienced in accounting and auditing.23170

       (5) At least one commission member shall be an attorney 23171
admitted to the practice of law in Ohio.23172

       (6) At least one commission member shall be a resident of a 23173
county where one of the casino facilities is located.23174

       (7) Not more than four commission members shall be of the 23175
same political party.23176

       (8) No commission member shall have any affiliation with an 23177
Ohio casino operator or facility.23178

       (C) Commission members shall serve four-year terms, except 23179
that when the governor makes initial appointments to the 23180
commission under this chapter, the governor shall appoint three 23181
members to serve four-year terms with not more than two such 23182
members from the same political party, two members to serve 23183
three-year terms with such members not being from the same 23184
political party, and two members to serve two-year terms with such 23185
members not being from the same political party.23186

       (D) Each commission member shall hold office from the date of 23187
appointment until the end of the term for which the member was 23188
appointed. Any member appointed to fill a vacancy occurring before 23189
the expiration of the term for which the member's predecessor was 23190
appointed shall hold office for the remainder of the unexpired 23191
term. Any member shall continue in office after the expiration 23192
date of the member's term until the member's successor takes 23193
office, or until a period of sixty days has elapsed, whichever 23194
occurs first. A vacancy in the commission membership shall be 23195
filled in the same manner as the original appointment.23196

       (E) The governor shall select one member to serve as 23197
chairperson and the commission members shall select one member 23198
from a different party than the chairperson to serve as 23199
vice-chairperson. The governor may remove and replace the 23200
chairperson at any time. No such member shall serve as chairperson 23201
for more than six successive years. The vice-chairperson shall 23202
assume the duties of the chairperson in the absence of the 23203
chairperson. The chairperson and vice-chairperson shall perform 23204
but shall not be limited to additional duties as are prescribed by 23205
commission rule.23206

       (F) A commission member is not required to devote the 23207
member's full time to membership on the commission. Each member of 23208
the commission shall receive compensation of sixtythirty thousand 23209
dollars per year, payable in monthly installments for the first 23210
four years of the commission's existence. Each member shall 23211
receive the member's actual and necessary expenses incurred in the 23212
discharge of the member's official duties.23213

       (G) The governor shall not appoint an individual to the 23214
commission, and an individual shall not serve on the commission, 23215
if the individual has been convicted of or pleaded guilty or no 23216
contest to a disqualifying offense as defined in section 3772.07 23217
of the Revised Code. Members coming under indictment or bill of 23218
information of a disqualifying offense shall resign from the 23219
commission immediately upon indictment.23220

       (H) At least five commission members shall be present for the 23221
commission to meet. The concurrence of four members is necessary 23222
for the commission to take any action. All members shall vote on 23223
the adoption of rules, and the approval of, and the suspension or 23224
revocation of, the licenses of casino operators or management 23225
companies, unless a member has a written leave of absence filed 23226
with and approved by the chairperson.23227

       (I) A commission member may be removed or suspended from 23228
office in accordance with section 3.04 of the Revised Code.23229

       (J) Each commission member, before entering upon the 23230
discharge of the member's official duties, shall make an oath to 23231
uphold the Ohio Constitution and laws of the state of Ohio and 23232
shall give a bond, payable by the commission, to the treasurer of 23233
state, in the sum of ten thousand dollars with sufficient sureties 23234
to be approved by the treasurer of state, which bond shall be 23235
filed with the secretary of state.23236

       (K) The commission shall hold one regular meeting each month 23237
and shall convene other meetings at the request of the chairperson 23238
or a majority of the members. A member who fails to attend at 23239
least three-fifths of the regular and special meetings of the 23240
commission during any two-year period forfeits membership on the 23241
commission. All meetings of the commission shall be open meetings 23242
under section 121.22 of the Revised Code except as otherwise 23243
allowed by law.23244

       Sec. 3772.03. (A) To ensure the integrity of casino gaming 23245
and skill-based amusement machines, the commission shall have 23246
authority to complete the functions of licensing, regulating, 23247
investigating, and penalizing casino operators, management 23248
companies, holding companies, key employees, casino gaming 23249
employees, skill-based amusement machine operators, and 23250
gaming-related vendors. The commission also shall have 23251
jurisdiction over all persons participating in casino gaming 23252
authorized by Section 6(C) of Article XV, Ohio Constitution, and 23253
this chapter and in skill-based amusement machine operations 23254
authorized by this chapter and Chapter 2915. of the Revised Code.23255

       (B) All rules adopted by the commission under this chapter 23256
shall be adopted under procedures established in Chapter 119. of 23257
the Revised Code. The commission may contract for the services of 23258
experts and consultants to assist the commission in carrying out 23259
its duties under this section.23260

       (C) Within six months of September 10, 2010, theThe23261
commission shall adopt initial rules as are necessary for 23262
completing the functions stated in division (A) of this section 23263
and for addressing the subjects enumerated in division (D) of this 23264
section.23265

       (D) The commission shall adopt, and as advisable and 23266
necessary shall amend or repeal, rules that include all of the 23267
following:23268

       (1) The prevention of practices detrimental to the public 23269
interest;23270

       (2) Prescribing the method of applying, and the form of 23271
application, that an applicant for a license under this chapter 23272
must follow as otherwise described in this chapter;23273

       (3) Prescribing the information to be furnished by an 23274
applicant or licensee as described in section 3772.11 of the 23275
Revised Codethis chapter;23276

       (4) Describing the certification standards and duties of an 23277
independent testing laboratory certified under section 3772.31 of 23278
the Revised Code and the relationship between the commission, the 23279
laboratory, the gaming-related vendor, and the casino operator, 23280
management company, or skill-based amusement machine operator;23281

        (5) The minimum amount of insurance that must be maintained 23282
by a casino operator, management company, skill-based amusement 23283
machine operator, holding company, or gaming-related vendor;23284

       (6) The approval process for a significant change in 23285
ownership or transfer of control of a licensee as provided in 23286
section 3772.091 of the Revised Code;23287

       (7) The design of casino gaming and skill-based amusement 23288
machine supplies, devices, and equipment to be distributed by 23289
gaming-related vendors;23290

       (8) Identifying the casino gaming that is permitted, 23291
identifying the casino gaming and skill-based amusement machine23292
supplies, devices, and equipment, that are permitted, defining the 23293
area in which the permitted casino gaming may be conducted, and 23294
specifying the method of operation according to which the 23295
permitted casino gaming is to be conducted as provided in section 23296
3772.20 of the Revised Code, and requiring casino gaming and 23297
skill-based amusement machine devices and equipment to meet the 23298
standards of this state;23299

       (9) Tournament play in any casino facility;23300

       (10) Establishing and implementing a voluntary exclusion 23301
program that provides all of the following:23302

       (a) Except as provided by commission rule, a person who 23303
participates in the program shall agree to refrain from entering a 23304
casino facility.23305

       (b) The name of a person participating in the program shall 23306
be included on a list of persons excluded from all casino 23307
facilities.23308

       (c) Except as provided by commission rule, no person who 23309
participates in the program shall petition the commission for 23310
admittance into a casino facility.23311

       (d) The list of persons participating in the program and the 23312
personal information of those persons shall be confidential and 23313
shall only be disseminated by the commission to a casino operator 23314
and the agents and employees of the casino operator for purposes 23315
of enforcement and to other entities, upon request of the 23316
participant and agreement by the commission.23317

       (e) A casino operator shall make all reasonable attempts as 23318
determined by the commission to cease all direct marketing efforts 23319
to a person participating in the program.23320

       (f) A casino operator shall not cash the check of a person 23321
participating in the program or extend credit to the person in any 23322
manner. However, the program shall not exclude a casino operator 23323
from seeking the payment of a debt accrued by a person before 23324
participating in the program.23325

       (g) Any and all locations at which a person may register as a 23326
participant in the program shall be published.23327

       (h) A person who enters a casino facility while participating 23328
in the program shall surrender any money or thing of value that 23329
the person has converted or attempted to convert into a wagering 23330
instrument, including, but not limited to, chips, tokens, prizes, 23331
jackpots, non-complimentary pay vouchers, cash, cash equivalents, 23332
electronic credits, and vouchers representing electronic credits, 23333
to the commission for deposit in the problem casino gambling and 23334
addictions fund.23335

       (11) Requiring the commission to adopt standards regarding 23336
the marketing materials of a licensed casino operator and 23337
skill-based amusement machine operator, including allowing the 23338
commission to prohibit marketing materials that are contrary to 23339
the adopted standards;23340

       (12) Requiring that the records, including financial 23341
statements, of any casino operator, management company, 23342
skill-based amusement machine operator, holding company, and 23343
gaming-related vendor be maintained in the manner prescribed by 23344
the commission and made available for inspection upon demand by 23345
the commission, but shall be subject to section 3772.16 of the 23346
Revised Code;23347

       (13) Permitting a licensed casino operator, management 23348
company, skill-based amusement machine operator, key employee, or 23349
casino gaming employee to question a person suspected of violating 23350
this chapter;23351

       (14) The chips, tokens, tickets, electronic cards, or similar 23352
objects that may be purchased by means of an agreement under which 23353
credit is extended to a wagerer by a casino operator;23354

       (15) Establishing standards for provisional key employee 23355
licenses for a person who is required to be licensed as a key 23356
employee and is in exigent circumstances and standards for 23357
provisional licenses for casino gaming employees who submit 23358
complete applications and are compliant under an instant 23359
background check. A provisional license shall be valid not longer 23360
than three months. A provisional license may be renewed one time, 23361
at the commission's discretion, for an additional three months. In 23362
establishing standards with regard to instant background checks 23363
the commission shall take notice of criminal records checks as 23364
they are conducted under section 311.41 of the Revised Code using 23365
electronic fingerprint reading devices.23366

       (16) Establishing approval procedures for third-party 23367
engineering or accounting firms, as described in section 3772.09 23368
of the Revised Code;23369

       (17) Prescribing the manner in which winnings, compensation 23370
from casino gaming, and gross revenue must be computed and 23371
reported by a licensee as described in Chapter 5753. of the 23372
Revised Code and in which winnings or compensation from 23373
skill-based amusement machine operations must be computed and 23374
reported by a licensee under this chapter;23375

       (18) Prescribing conditions under which a licensee's license 23376
may be suspended or revoked as described in section 3772.04 of the 23377
Revised Code;23378

       (19) Prescribing the manner and procedure of all hearings to 23379
be conducted by the commission or by any hearing examiner;23380

       (20) Prescribing technical standards and requirements that 23381
are to be met by security and surveillance equipment that is used 23382
at and standards and requirements to be met by personnel who are 23383
employed at casino facilities, and standards and requirements for 23384
the provision of security at and surveillance of casino 23385
facilities;23386

       (21) Prescribing requirements for a casino operator to 23387
provide unarmed security services at a casino facility by licensed 23388
casino employees, and the training that shall be completed by 23389
these employees;23390

       (22) Prescribing standards according to which casino 23391
operators shall keep accounts and standards according to which 23392
casino accounts shall be audited, and establish means of assisting 23393
the tax commissioner in levying and collecting the gross casino 23394
revenue tax levied under section 5753.02 of the Revised Code, and 23395
standards according to which skill-based amusement machine 23396
operators shall keep accounts and standards according to which 23397
such accounts shall be audited;23398

       (23) Defining penalties for violation of commission rules and 23399
a process for imposing such penalties subject to the review of the 23400
joint committee on gaming and wagering;23401

       (24) Establishing standards for decertifying contractors that 23402
violate statutes or rules of this state or the federal government;23403

       (25) Establishing standards for the repair of casino gaming 23404
equipment and skill-based amusement machines;23405

       (26) Establishing procedures to ensure that casino operators, 23406
management companies, and holding companies are compliant with the 23407
compulsive and problem gambling plan submitted under section 23408
3772.18 of the Revised Code;23409

       (27) Prescribing, for institutional investors in or holding 23410
companies of a casino operator, management company, skill-based 23411
amusement machine operator, holding company, or gaming-related 23412
vendor that fall below the threshold needed to be considered an 23413
institutional investor or a holding company, standards regarding 23414
what any employees, members, or owners of those investors or 23415
holding companies may do and shall not do in relation to casino 23416
facilities and casino gaming or skill-based amusement machines in 23417
this state, which standards shall rationally relate to the need to 23418
proscribe conduct that is inconsistent with passive institutional 23419
investment status;23420

       (28) Providing for any other thing necessary and proper for 23421
successful and efficient regulation of casino gaming and 23422
skill-based amusement machines under this chapter.23423

       (E) The commission shall employ and assign gaming agents as 23424
necessary to assist the commission in carrying out the duties of 23425
this chapter and Chapter 2915. of the Revised Code. In order to 23426
maintain employment as a gaming agent, the gaming agent shall 23427
successfully complete all continuing training programs required by 23428
the commission and shall not have been convicted of or pleaded 23429
guilty or no contest to a disqualifying offense as defined in 23430
section 3772.07 of the Revised Code.23431

       (F) The commission, as a law enforcement agency, and its 23432
gaming agents, as law enforcement officers as defined in section 23433
2901.01 of the Revised Code, shall have authority with regard to 23434
the detection and investigation of, the seizure of evidence 23435
allegedly relating to, and the apprehension and arrest of persons 23436
allegedly committing gamingviolations of this chapter or gambling23437
offenses as defined in section 2915.01 of the Revised Code or 23438
violating any other law of this state that may affect the 23439
integrity of casino gaming or the operation of skill-based 23440
amusement machines, and shall have access to casino facilities and 23441
skill-based amusement machine operators' facilities to carry out 23442
the requirements of this chapter.23443

       (G) The commission may eject or exclude or authorize the 23444
ejection or exclusion of and a gaming agent may eject a person 23445
from a casino facility for any of the following reasons:23446

       (1) The person's name is on the list of persons voluntarily 23447
excluding themselves from all casinos in a program established 23448
according to rules adopted by the commission;23449

       (2) The person violates or conspires to violate this chapter 23450
or a rule adopted thereunder; or23451

       (3) The commission determines that the person's conduct or 23452
reputation is such that the person's presence within a casino 23453
facility may call into question the honesty and integrity of the 23454
casino gaming operations or interfere with the orderly conduct of 23455
the casino gaming operations.23456

       (H) A person, other than a person participating in a 23457
voluntary exclusion program, may petition the commission for a 23458
public hearing on the person's ejection or exclusion under this 23459
chapter.23460

       (I) A casino operator or management company shall have the 23461
same authority to eject or exclude a person from the management 23462
company's casino facilities as authorized in division (G) of this 23463
section. The licensee shall immediately notify the commission of 23464
an ejection or exclusion.23465

       (J) The commission shall submit a written annual report with 23466
the governor, president and minority leader of the senate, speaker 23467
and minority leader of the house of representatives, and joint 23468
committee on gaming and wagering before the first day of September 23469
each year. The annual report shall include a statement describing 23470
the receipts and disbursements of the commission, relevant 23471
financial data regarding casino gaming, including gross revenues 23472
and disbursements made under this chapter, actions taken by the 23473
commission, an update on casino operators', management companies', 23474
and holding companies' compulsive and problem gambling plans and 23475
the voluntary exclusion program and list, and any additional 23476
information that the commission considers useful or that the 23477
governor, president or minority leader of the senate, speaker or 23478
minority leader of the house of representatives, or joint 23479
committee on gaming and wagering requests.23480

        (K) Notwithstanding any law to the contrary, beginning on 23481
July 1, 2011, theThe commission shall assumehave jurisdiction 23482
over and oversee the regulation of skill-based amusement machines 23483
as is provided in the law of this state.23484

       Sec. 3772.032. (A) The permanent joint committee on gaming 23485
and wagering is established. The committee consists of six 23486
members. The speaker of the house of representatives shall appoint 23487
to the committee three members of the house of representatives and 23488
the president of the senate shall appoint to the committee three 23489
members of the senate. Not more than two members appointed from 23490
each chamber may be members of the same political party. The 23491
chairperson shall be from the opposite house as the chairperson of 23492
the joint committee on agency rule review. If the chairperson is 23493
to be from the house of representatives, the speaker of the house 23494
of representatives shall designate a member as the chairperson and 23495
the president of the senate shall designate a member as the 23496
vice-chairperson. If the chairperson is to be from the senate, the 23497
president of the senate shall designate a member as the 23498
chairperson and the speaker of the house of representatives shall 23499
designate a member as the vice-chairperson.23500

        (B) The committee shall:23501

       (1) Review all constitutional amendments, laws, and rules 23502
governing the operation and administration of casino gaming and 23503
skill-based amusement machines and all authorized gaming and 23504
wagering activities and recommend to the general assembly and 23505
commission any changes it may find desirable with respect to the 23506
language, structure, and organization of those amendments, laws, 23507
or rules;23508

       (2) Make an annual report to the governor and to the general 23509
assembly with respect to the operation and administration of 23510
casino gaming and skill-based amusement machines;23511

       (3) Review all changes of fees and penalties as provided in 23512
this chapter and rules adopted thereunder; and23513

       (4) Study all proposed changes to the constitution and laws 23514
of this state and to the rules adopted by the commission governing 23515
the operation and administration of casino gaming and skill-based 23516
amusement machines, and report to the general assembly on their 23517
adequacy and desirability as a matter of public policy.23518

       (C) Any study, or any expense incurred, in furtherance of the 23519
committee's objectives shall be paid for from, or out of, the 23520
casino control commission fund or other appropriation provided by 23521
law. The members shall receive no additional compensation, but 23522
shall be reimbursed for actual and necessary expenses incurred in 23523
the performance of their official duties.23524

       Sec. 3772.033. In carrying out the responsibilities vested in 23525
the commission by this chapter, the commission may do all the 23526
following and may designate any such responsibilities to the 23527
executive director, to the commission's employees, or to the 23528
gaming agents:23529

       (A) Inspect and examine all premises where casino gaming is 23530
conducted, skill-based amusement machines are operated, or where 23531
casino gaming or skill-based amusement machine supplies, devices, 23532
or equipment are manufactured, sold, or distributed;23533

       (B) Inspect all casino gaming or skill-based amusement 23534
machine supplies, devices, and equipment in or about a casino 23535
facility or skill-based amusement machine operator facility;23536

       (C) Summarily impound and seize and remove from the casino 23537
facility or skill-based amusement machine operator facility23538
premises casino gaming or skill-based amusement machine supplies, 23539
devices, and equipment for the purpose of examination and 23540
inspection;23541

       (D) Determine any facts, or any conditions, practices, or 23542
other matters, as the commission considers necessary or proper to 23543
aid in the enforcement of this chapter or of a rule adopted 23544
thereunder;23545

       (E) Audit casino gaming or skill-based amusement machine23546
operations, including those that have ceased operation;23547

       (F) Investigate, for the purpose of prosecution, any 23548
suspected violation of this chapter or rules adopted thereunder or 23549
of Chapter 2915. of the Revised Code or any other law of this 23550
state that may affect the integrity of casino gaming or operation 23551
of skill-based amusement machines;23552

       (G) Investigate as appropriate to aid the commission and to 23553
seek the executive director's advice in adopting rules;23554

       (H) Secure information as is necessary to provide a basis for 23555
recommending legislation for the improvement of this chapter;23556

       (I) Make, execute, and otherwise effectuate all contracts and 23557
other agreements, including contracts for necessary purchases of 23558
goods and services. Except for any contract entered into with 23559
independent testing laboratories under section 3772.31 of the 23560
Revised Code, the commission shall ensure use of Ohio products or 23561
services in compliance with sections 125.09 and 125.11 of the 23562
Revised Code and all rules adopted thereunder.23563

       (J) Employ the services of persons the commission considers 23564
necessary for the purposes of consultation or investigation, and 23565
fix the salaries of, or contract for the services of, legal, 23566
accounting, technical, operational, and other personnel and 23567
consultants;23568

       (K) Secure, by agreement, information and services as the 23569
commission considers necessary from any state agency or other unit 23570
of state government;23571

       (L) Acquire furnishings, equipment, supplies, stationery, 23572
books, and all other things the commission considers necessary or 23573
desirable to successfully and efficiently carry out the 23574
commission's duties and functions; and23575

       (M) Perform all other things the commission considers 23576
necessary to effectuate the intents and purposes of this chapter 23577
and Chapter 2915. of the Revised Code. This section shall not 23578
prohibit the commission from imposing administrative discipline, 23579
including fines and suspension or revocation of licenses, on 23580
licensees under this chapter if the licensee is found to be in 23581
violation of the commission's rules.23582

       Sec. 3772.04. (A)(1) If the commission concludes that a 23583
license required by this chapter should be limited, conditioned, 23584
restricted, suspended, revoked, denied, or not renewed, the 23585
commission may, and if so requested by a licensee or applicant, 23586
shall, conduct a hearing in an adjudication under Chapter 119. of 23587
the Revised Code. After notice and opportunity for a hearing, the 23588
commission may limit, condition, restrict, suspend, revoke, deny, 23589
or not renew a license under rules adopted by the commission. The 23590
commission may reopen a licensing adjudication at any time.23591

       (2) The commission shall appoint a hearing examiner to 23592
conduct the hearing in the adjudication. A party to the 23593
adjudication may file written objections to the hearing examiner's 23594
report and recommendations not later than the thirtieth day after 23595
they are served upon the party or the party's attorney or other 23596
representative of record. The commission shall not take up the 23597
hearing examiner's report and recommendations earlier than the 23598
thirtieth day after the hearing examiner's report and 23599
recommendations were submitted to the commission.23600

       (3) If the commission finds that a person fails or has failed 23601
to meet any requirement under this chapter or a rule adopted 23602
thereunder or under Chapter 2915. of the Revised Code, or violates 23603
or has violated this chapter or a rule adopted thereunder or 23604
Chapter 2915. of the Revised Code or a rule adopted thereunder, 23605
the commission may issue an order:23606

       (a) Limiting, conditioning, restricting, suspending, 23607
revoking, denying, or not renewing, a license issued under this 23608
chapter;23609

       (b) Requiring a casino facility to exclude a licensee from 23610
the casino facility or requiring a casino facility not to pay to 23611
the licensee any remuneration for services or any share of 23612
profits, income, or accruals on the licensee's investment in the 23613
casino facility; or23614

       (c) Fining a licensee or other person according to the 23615
penalties adopted by the commission.23616

       (4) An order may be judicially reviewed under section 119.12 23617
of the Revised Code.23618

       (B) Without in any manner limiting the authority of the 23619
commission to impose the level and type of discipline the 23620
commission considers appropriate, the commission may take into 23621
consideration the following:23622

       (1) If the licensee knew or reasonably should have known that 23623
the action complained of was a violation of any law, rule, or 23624
condition on the licensee's license;23625

       (2) If the licensee has previously been disciplined by the 23626
commission;23627

       (3) If the licensee has previously been subject to discipline 23628
by the commission concerning the violation of any law, rule, or 23629
condition of the licensee's license;23630

       (4) If the licensee reasonably relied upon professional 23631
advice from a lawyer, doctor, accountant, or other recognized 23632
professional that was relevant to the action resulting in the 23633
violation;23634

       (5) If the licensee or the licensee's employer had a 23635
reasonably constituted and functioning compliance program;23636

       (6) If the imposition of a condition requiring the licensee 23637
to establish and implement a written self-enforcement and 23638
compliance program would assist in ensuring the licensee's future 23639
compliance with all statutes, rules, and conditions of the 23640
license;23641

       (7) If the licensee realized a pecuniary gain from the 23642
violation;23643

       (8) If the amount of any fine or other penalty imposed would 23644
result in disgorgement of any gains unlawfully realized by the 23645
licensee;23646

       (9) If the violation was caused by an officer or employee of 23647
the licensee, the level of authority of the individual who caused 23648
the violation;23649

       (10) If the individual who caused the violation acted within 23650
the scope of the individual's authority as granted by the 23651
licensee;23652

       (11) The adequacy of any training programs offered by the 23653
licensee or the licensee's employer that were relevant to the 23654
activity that resulted in the violation;23655

       (12) If the licensee's action substantially deviated from 23656
industry standards and customs;23657

       (13) The extent to which the licensee cooperated with the 23658
commission during the investigation of the violation;23659

       (14) If the licensee has initiated remedial measures to 23660
prevent similar violations;23661

       (15) The magnitude of penalties imposed on other licensees 23662
for similar violations;23663

       (16) The proportionality of the penalty in relation to the 23664
misconduct;23665

       (17) The extent to which the amount of any fine imposed would 23666
punish the licensee for the conduct and deter future violations;23667

       (18) Any mitigating factors offered by the licensee; and23668

       (19) Any other factors the commission considers relevant.23669

       (C) For the purpose of conducting any study or investigation, 23670
the commission may direct that public hearings be held at a time 23671
and place, prescribed by the commission, in accordance with 23672
section 121.22 of the Revised Code. The commission shall give 23673
notice of all public hearings in such manner as will give actual 23674
notice to all interested parties.23675

        (D)(1) For the purpose of conducting the hearing in an 23676
adjudication under division (A) of this section, or in the 23677
discharge of any duties imposed by this chapter, the commission 23678
may require that testimony be given under oath and administer such 23679
oath, issue subpoenas compelling the attendance of witnesses and 23680
the production of any papers, books, and accounts, directed to the 23681
sheriffs of the counties where such witnesses or papers, books, 23682
and accounts are found and cause the deposition of any witness. 23683
The subpoenas shall be served and returned in the same manner as 23684
subpoenas in criminal cases are served and returned. The fees of 23685
sheriffs shall be the same as those allowed by the court of common 23686
pleas in criminal cases.23687

        (2) In the event of the refusal of any person without good 23688
cause to comply with the terms of a subpoena issued by the 23689
commission or refusal to testify on matters about which the person 23690
may lawfully be questioned, the prosecuting attorney of the county 23691
in which such person resides, upon the petition of the commission, 23692
may bring a proceeding for contempt against such person in the 23693
court of common pleas of that county.23694

       (3) Witnesses shall be paid the fees and mileage provided for 23695
in section 119.094 of the Revised Code.23696

        (4) All fees and mileage expenses incurred at the request of 23697
a party shall be paid in advance by the party.23698

       (E) When conducting a public hearing, the commission shall 23699
not limit the number of speakers who may testify. However, the 23700
commission may set reasonable time limits on the length of an 23701
individual's testimony or the total amount of time allotted to 23702
proponents and opponents of an issue before the commission.23703

       (F) The commission may rely, in whole or in part, upon 23704
investigations, conclusions, or findings of other casino gaming 23705
commissions or other government regulatory bodies in connection 23706
with licensing, investigations, or other matters relating to an 23707
applicant or licensee under this chapter.23708

       (G) Notwithstanding anything to the contrary in this chapter, 23709
and except with respect to a casino operator, management company, 23710
or holding company of or affiliated with a casino facility, the 23711
executive director may issue an emergency order for the 23712
suspension, limitation, or conditioning of any license, 23713
registration, approval, or certificate issued, approved, granted, 23714
or otherwise authorized by the commission under Chapter 3772. of 23715
the Revised Code or the rules adopted thereunder, requiring the 23716
inclusion of persons on the commission's exclusion list provided 23717
for under section 3772.031 of the Revised Code and the rules 23718
adopted thereunder, and requiring a casino facility not to pay a 23719
licensee, registrant, or approved or certified person any 23720
remuneration for services or any share of profits, income, or 23721
accruals on that person's investment in the casino facility.23722

        (1) An emergency order may be issued when the executive 23723
director finds either of the following:23724

        (a) A licensee, registrant, or approved or certified person 23725
has been charged with a violation of any of the criminal laws of 23726
this state, another state, or the federal government;23727

        (b) Such an action is necessary to prevent a violation of 23728
this chapter or a rule adopted thereunder.23729

        (2) An emergency order issued under division (G) of this 23730
section shall state the reasons for the commission's action, cite 23731
the law or rule directly involved, and state that the party will 23732
be afforded a hearing if the party requests it within thirty days 23733
after the time of mailing or personal delivery of the order.23734

        (3)(a) Not later than the next business day after the 23735
issuance of the emergency order, the order shall be sent by 23736
registered or certified mail, return receipt requested, to the 23737
party at the party's last known mailing address appearing in the 23738
commission's records or personally delivered at any time to the 23739
party by an employee or agent of the commission.23740

        (b) A copy of the order shall be mailed to the attorney or 23741
other representative of record representing the party.23742

        (c) If the order sent by registered or certified mail is 23743
returned because the party fails to claim the order, the 23744
commission shall send the order by ordinary mail to the party at 23745
the party's last known address and shall obtain a certificate of 23746
mailing. Service by ordinary mail is complete when the certificate 23747
of mailing is obtained unless the order is returned showing 23748
failure of delivery.23749

        (d) If the order sent by registered, certified, or ordinary 23750
mail is returned for failure of delivery, the commission shall 23751
either make personal delivery of the order by an employee or agent 23752
of the commission or cause a summary of the substantive provisions 23753
of the order to be published once a week for three consecutive 23754
weeks in a newspaper of general circulation in the county where 23755
the last known address of the party is located.23756

        (i) Failure of delivery occurs only when a mailed order is 23757
returned by the postal authorities marked undeliverable, address 23758
or addressee unknown, or forwarding address unknown or expired.23759

        (ii) When service is completed by publication, a proof of 23760
publication affidavit, with the first publication of the summary 23761
set forth in the affidavit, shall be mailed by ordinary mail to 23762
the party at the party's last known address and the order shall be 23763
deemed received as of the date of the last publication.23764

        (e) Refusal of delivery of the order sent by mail or 23765
personally delivered to the party is not failure of delivery and 23766
service is deemed to be complete.23767

        (4) The emergency order shall be effective immediately upon 23768
service of the order on the party. The emergency order shall 23769
remain effective until further order of the executive director or 23770
the commission.23771

        (5) The commission may, and if so requested by the person 23772
affected by the emergency order shall, promptly conduct a hearing 23773
in an adjudication under Chapter 119. of the Revised Code.23774

       Sec. 3772.06. (A)(1) The commission shall appoint an 23775
executive director who shall serve at the pleasure of the 23776
commission. The executive director is in the unclassified service, 23777
shall devote full time to the duties of the office, and shall hold 23778
no other office or employment. The executive director shall, by 23779
experience and training, possess management skills that equip the 23780
executive director to administer an enterprise of the nature of 23781
the commission. The executive director shall not have a pecuniary 23782
interest in any business organization that holds a license under 23783
this chapter, or that does business with any person licensed under 23784
this chapter. A member of the general assembly, a person who holds 23785
an elective office, or an office holder of a political party is 23786
ineligible to be appointed executive director at the same time as 23787
being such a member or holding such an office. The executive 23788
director shall receive an annual salary in accordance with pay 23789
range 48 of section 124.152 of the Revised Code.23790

       (2) The executive director, before entering upon the 23791
discharge of the executive director's official duties, shall give, 23792
and thereafter shall maintain, bond in the amount of twenty-five 23793
thousand dollars, payable to the state, conditioned upon the 23794
executive director's faithful and proper performance of the 23795
executive director's official duties. The bond shall be issued by 23796
a surety authorized to do business in this state and shall be 23797
filed with the secretary of state. The bond may be an individual 23798
bond or a schedule or blanket bond.23799

       (B)(1) The executive director or a deputy designated in 23800
writing by the executive director shall attend all meetings of the 23801
commission and shall act as its secretary. The executive director 23802
shall keep a record of all commission proceedings and shall keep 23803
the commission's records, files, and documents at the commission's 23804
principal office.23805

       (2) The executive director shall be the chief executive 23806
officer and shall be responsible for keeping all commission 23807
records and supervising and administering casino gaming and 23808
skill-based amusement machines in accordance with this chapter and 23809
Chapter 2915. of the Revised Code, and enforcing all commission 23810
rules adopted under this chapter.23811

       (3) The executive director shall hire staff, including an 23812
assistant director or deputy directors, as necessary to assist the 23813
executive director in the executive director's duties under this 23814
chapter. In appointing employees, the executive director is 23815
subject to section 3772.061 of the Revised Code. The executive 23816
director may employ employees as necessary, unless the commission 23817
determines otherwise. Except as otherwise provided in this 23818
chapter, all costs of administration incurred by the executive 23819
director and the executive director's employees shall be paid out 23820
of the casino control commission fund.23821

       (C) A state agency or other unit of state government shall 23822
cooperate with the commission, and shall provide the commission 23823
with information and services the commission considers necessary 23824
to carry out the commission's duties and functions under this 23825
chapter.23826

       (D) The executive director shall confer at least once each 23827
month with the commission, at which time the executive director 23828
shall advise it regarding the operation and administration of the 23829
commission and casino gaming. The executive director shall make 23830
available at the request of the commission all documents, files, 23831
and other records pertaining to the operation and administration 23832
of the commission and, casino gaming, and skill-based amusement 23833
machines. The executive director shall prepare and make available 23834
to the commission each month a complete and accurate accounting of 23835
gross casino gaming revenues, and all other relevant financial 23836
information, including an accounting of all transfers made from 23837
the casino control commission fund.23838

       Sec. 3772.07.  The following appointing or licensing 23839
authorities shall obtain a criminal records check of the person 23840
who is to be appointed or licensed:23841

       (A) The governor, before appointing an individual as a member 23842
of the commission;23843

       (B) The commission, before appointing an individual as 23844
executive director or a gaming agent;23845

       (C) The commission, before issuing a license for a key 23846
employee or casino gaming employee, and before issuing a license 23847
for each investor, except an institutional investor, for a casino 23848
operator, management company, skill-based amusement machine 23849
operator, holding company, or gaming-related vendor;23850

       (D) The executive director, before appointing an individual 23851
as a professional, technical, or clerical employee of the 23852
commission.23853

       Thereafter, such an appointing or licensing authority shall 23854
obtain a criminal records check of the same individual at 23855
three-year intervals.23856

       The appointing or licensing authority shall make available to 23857
each person of whom a criminal records check is required a copy of 23858
the form and the standard fingerprint impression sheet prescribed 23859
under divisions (C)(1) and (2) of section 109.572 of the Revised 23860
Code. The person shall complete the form and impression sheet and 23861
return them as directed by the appointing or licensing authority. 23862
If a person fails to complete and return the form and impression 23863
sheet within a reasonable time, the person is ineligible to be 23864
appointed or licensed or to continue in the appointment or 23865
licensure.23866

       The appointing or licensing authority shall cause the 23867
completed form and impression sheet to be forwarded to the 23868
superintendent of the bureau of criminal identification and 23869
investigation. The appointing or licensing authority shall request 23870
the superintendent also to obtain information from the federal 23871
bureau of investigation, including fingerprint-based checks of the 23872
national crime information databases, and from other states and 23873
the federal government under the national crime prevention and 23874
privacy compact as part of the criminal records check.23875

        For all criminal records checks conducted under this section, 23876
the applicant for a casino operator, management company, 23877
skill-based amusement machine operator, holding company, 23878
gaming-related vendor, key employee, or casino gaming employee 23879
license shall pay the fee charged by the bureau of criminal 23880
identification and investigation or by a vendor approved by the 23881
bureau to conduct a criminal records check based on the 23882
applicant's fingerprints in accordance with division (A)(15) of 23883
section 109.572 of the Revised Code. If the applicant for a key 23884
employee or casino gaming employee license is applying at the 23885
request of a casino operator, management company, skill-based 23886
amusement machine operator, holding company, or gaming-related 23887
vendor, the casino operator, management company, skill-based 23888
amusement machine operator, holding company, or gaming-related 23889
vendor shall pay the fee charged for all criminal records checks 23890
conducted under this section.23891

       The appointing or licensing authority shall review the 23892
results of a criminal records check. An appointee for a commission 23893
member shall forward the results of the criminal records check to 23894
the president of the senate before the senate advises and consents 23895
to the appointment of the commission member. The appointing or 23896
licensing authority shall not appoint or license or retain the 23897
appointment or licensure of a person a criminal records check 23898
discloses has been convicted of or has pleaded guilty or no 23899
contest to a disqualifying offense. A "disqualifying offense" 23900
means any gambling offense, any theft offense, any offense having 23901
an element of fraud or misrepresentation, any offense having an 23902
element of moral turpitude, and any felony not otherwise included 23903
in the foregoing list, except as otherwise provided in section 23904
3772.10 of the Revised Code.23905

       The report of a criminal records check is not a public record 23906
that is open to public inspection and copying. The commission 23907
shall not make the report available to any person other than the 23908
person who was the subject of the criminal records check; an 23909
appointing or licensing authority; a member, the executive 23910
director, or an employee of the commission; or any court or 23911
agency, including a hearing examiner, in a judicial or 23912
administrative proceeding relating to the person's employment or 23913
application for a license under this chapter.23914

       Sec. 3772.10. (A) In determining whether to grant or maintain 23915
the privilege of a casino operator, management company, holding 23916
company, key employee, casino gaming employee, or gaming-related 23917
vendor license issued under this chapter, the Ohio casino control23918
commission shall consider all of the following, as applicable:23919

       (1) The reputation, experience, and financial integrity of 23920
the applicant, its holding company, if applicable, and any other 23921
person that directly or indirectly controls the applicant;23922

       (2) The financial ability of the applicant to purchase and 23923
maintain adequate liability and casualty insurance and to provide 23924
an adequate surety bond;23925

       (3) The past and present compliance of the applicant and its 23926
affiliates or affiliated companies with casino-related licensing 23927
requirements in this state or any other jurisdiction, including 23928
whether the applicant has a history of noncompliance with the 23929
casino licensing requirements of any jurisdiction;23930

       (4) If the applicant has been indicted, convicted, pleaded 23931
guilty or no contest, or forfeited bail concerning any criminal 23932
offense under the laws of any jurisdiction, either felony or 23933
misdemeanor, not including traffic violations;23934

       (5) If the applicant has filed, or had filed against it a 23935
proceeding for bankruptcy or has ever been involved in any formal 23936
process to adjust, defer, suspend, or otherwise work out the 23937
payment of any debt;23938

       (6) If the applicant has been served with a complaint or 23939
other notice filed with any public body regarding a payment of any 23940
tax required under federal, state, or local law that has been 23941
delinquent for one or more years;23942

       (7) If the applicant is or has been a defendant in litigation 23943
involving its business practices;23944

       (8) If awarding a license would undermine the public's 23945
confidence in the casino gaming industry in this state;23946

       (9) If the applicant meets other standards for the issuance 23947
of a license that the commission adopts by rule, which shall not 23948
be arbitrary, capricious, or contradictory to the expressed 23949
provisions of this chapter.23950

       (B) All applicants for a license under this chapter shall 23951
establish their suitability for a license by clear and convincing 23952
evidence. If the commission determines that a person is eligible 23953
under this chapter to be issued a license as a casino operator, 23954
management company, holding company, key employee, casino gaming 23955
employee, or gaming-related vendor, the commission shall issue 23956
such license for not more than three years, as determined by 23957
commission rule, if all other requirements of this chapter have 23958
been satisfied.23959

       (C) The commission shall not issue a casino operator, 23960
management company, holding company, key employee, casino gaming 23961
employee, or gaming-related vendor license under this chapter to 23962
an applicant if:23963

       (1) The applicant has been convicted of a disqualifying 23964
offense, as defined in section 3772.07 of the Revised Code.23965

       (2) The applicant has submitted an application for license 23966
under this chapter that contains false information.23967

       (3) The applicant is a commission member.23968

       (4) The applicant owns an ownership interest that is unlawful 23969
under this chapter, unless waived by the commission.23970

       (5) The applicant violates specific rules adopted by the 23971
commission related to denial of licensure.23972

       (6) The applicant is a member of or employed by a gaming 23973
regulatory body of a governmental unit in this state, another 23974
state, or the federal government, or is employed by a governmental 23975
unit of this state. This division does not prohibit a casino 23976
operator from hiring special duty law enforcement officers if the 23977
officers are not specifically involved in gaming-related 23978
regulatory functions.23979

       (7) The commission otherwise determines the applicant is 23980
ineligible for the license.23981

       (D)(1) The commission shall investigate the qualifications of 23982
each applicant under this chapter before any license is issued and 23983
before any finding with regard to acts or transactions for which 23984
commission approval is required is made. The commission shall 23985
continue to observe the conduct of all licensees and all other 23986
persons having a material involvement directly or indirectly with 23987
a casino operator, management company, or holding companylicensee23988
to ensure that licenses are not issued to or held by, or that 23989
there is not any material involvement with a casino operator, 23990
management company, or holding companylicensee by, an 23991
unqualified, disqualified, or unsuitable person or a person whose 23992
operations are conducted in an unsuitable manner or in unsuitable 23993
or prohibited places or locations.23994

       (2) The executive director may recommend to the commission 23995
that it deny any application, or limit, condition, or restrict, or 23996
suspend or revoke, any license or finding, or impose any fine upon 23997
any licensee or other person according to this chapter and the 23998
rules adopted thereunder.23999

       (3) A license issued under this chapter is a revocable 24000
privilege. No licensee has a vested right in or under any license 24001
issued under this chapter. The initial determination of the 24002
commission to deny, or to limit, condition, or restrict, a license 24003
may be appealed under section 2505.03 of the Revised Code.24004

       (E)(1) An institutional investor may be found to be suitable 24005
or qualified by the commission under this chapter and the rules 24006
adopted under this chapter. An institutional investor shall be 24007
presumed suitable or qualified upon submitting documentation 24008
sufficient to establish qualifications as an institutional 24009
investor and upon certifying all of the following:24010

       (a) The institutional investor owns, holds, or controls 24011
securities issued by a licensee or holding, intermediate, or 24012
parent company of a licensee or in the ordinary course of business 24013
for investment purposes only.24014

       (b) The institutional investor does not exercise influence 24015
over the affairs of the issuer of such securities nor over any 24016
licensed subsidiary of the issuer of such securities.24017

       (c) The institutional investor does not intend to exercise 24018
influence over the affairs of the issuer of such securities, nor 24019
over any licensed subsidiary of the issuer of such securities, in 24020
the future, and that it agrees to notify the commission in writing 24021
within thirty days if such intent changes.24022

       (2) The exercise of voting privileges with regard to 24023
securities shall not be deemed to constitute the exercise of 24024
influence over the affairs of a licensee.24025

       (3) The commission shall rescind the presumption of 24026
suitability for an institutional investor at any time if the 24027
institutional investor exercises or intends to exercise influence 24028
or control over the affairs of the licensee.24029

       (4) This division shall not be construed to preclude the 24030
commission from requesting information from or investigating the 24031
suitability or qualifications of an institutional investor if:24032

       (a) The commission becomes aware of facts or information that 24033
may result in the institutional investor being found unsuitable or 24034
disqualified; or24035

       (b) The commission has any other reason to seek information 24036
from the investor to determine whether it qualifies as an 24037
institutional investor.24038

       (5) If the commission finds an institutional investor to be 24039
unsuitable or unqualified, the commission shall so notify the 24040
investor and the casino operator, holding company, management 24041
company, skill-based amusement machine operator, or gaming-related 24042
vendor licensee in which the investor invested. The commission 24043
shall allow the investor and the licensee a reasonable amount of 24044
time, as specified by the commission on a case-by-case basis, to 24045
cure the conditions that caused the commission to find the 24046
investor unsuitable or unqualified. If during the specified period 24047
of time the investor or the licensee does not or cannot cure the 24048
conditions that caused the commission to find the investor 24049
unsuitable or unqualified, the commission may allow the investor 24050
or licensee more time to cure the conditions or the commission may 24051
begin proceedings to deny, suspend, or revoke the license of the 24052
casino operator, holding company, management company, skill-based 24053
amusement machine operator, or gaming-related vendor in which the 24054
investor invested or to deny any of the same the renewal of any 24055
such license.24056

       (6) A private licensee or holding company shall provide the 24057
same information to the commission as a public company would 24058
provide in a form 13d or form 13g filing to the securities and 24059
exchange commission.24060

       (F) Information provided on the application shall be used as 24061
a basis for a thorough background investigation of each applicant. 24062
A false or incomplete application is cause for denial of a license 24063
by the commission. All applicants and licensees shall consent to 24064
inspections, searches, and seizures and to the disclosure to the 24065
commission and its agents of confidential records, including tax 24066
records, held by any federal, state, or local agency, credit 24067
bureau, or financial institution and to provide handwriting 24068
exemplars, photographs, fingerprints, and information as 24069
authorized in this chapter and in rules adopted by the commission.24070

       (G) The commission shall provide a written statement to each 24071
applicant for a license under this chapter who is denied the 24072
license that describes the reason or reasons for which the 24073
applicant was denied the license.24074

       (H) Not later than January 31 in each calendar year, the 24075
commission shall provide to the general assembly and the governor 24076
a report that, for each type of license issued under this chapter, 24077
specifies the number of applications made in the preceding 24078
calendar year for each type of such license, the number of 24079
applications denied in the preceding calendar year for each type 24080
of such license, and the reasons for those denials. The 24081
information regarding the reasons for the denials shall specify 24082
each reason that resulted in, or that was a factor resulting in, 24083
denial for each type of license issued under this chapter and, for 24084
each of those reasons, the total number of denials for each such 24085
type that involved that reason.24086

       Sec. 3772.12. (A) A person may apply for a gaming-related 24087
vendor license. All applications shall be made under oath.24088

       (B) A person who holds a gaming-related vendor's license is 24089
authorized to sell or, lease, or otherwise provide, and to 24090
contract to sell or, lease, or otherwise provide, equipment, 24091
goods, and suppliesservices to any licensee involved in the 24092
ownership or management of a casino facility or skill-based 24093
amusement machine operator facility.24094

       (C) Gambling supplies andCasino gaming and skill-based 24095
amusement machine equipment and goods shall not be distributed in 24096
this state unless supplies andthe equipment and goods conform to 24097
standards adopted in rules adopted by the commission.24098

       Sec. 3772.121. (A) The commission may issue a gaming-related 24099
vendor's license under this chapter to an applicant who has:24100

       (1) Applied for the gaming-related vendor's license;24101

       (2) Paid a nonrefundable license fee as described in section 24102
3772.17 of the Revised Code, which shall cover all actual costs 24103
generated by each licensee and all background checks;24104

       (3) Submitted two sets of the applicant's fingerprints; and24105

       (4) Been determined by the commission as eligible for a 24106
gaming-related vendor's license.24107

       (B) A gaming-related vendor shall furnish to the commission a 24108
list of all equipment, devicesgoods, and suppliesservices24109
offered for sale or, lease, or otherwise provided in connection 24110
with casino games authorized under this chapter or skill-based 24111
amusement machines authorized under this chapter and Chapter 2915. 24112
of the Revised Code.24113

       (C) A gaming-related vendor's equipment, devices, or supplies 24114
that are used by a person in an unauthorized casino gaming 24115
operation shall be forfeited to the state.24116

       Sec. 3772.14. (A) A person may apply for a skill-based 24117
amusement machine operator license. All applications shall be made 24118
under oath and be on a form prescribed by and contain all of the 24119
information required by the commission.24120

       (B) The commission may issue a skill-based amusement machine 24121
operator license under this chapter to an applicant who has done 24122
all of the following:24123

       (1) Applied for the skill-based amusement machine operator 24124
license; 24125

       (2) Paid a nonrefundable license fee as described in section 24126
3772.17 of the Revised Code; 24127

       (3) Submitted two sets of the applicant's fingerprints; and 24128

       (4) Been determined by the commission to be eligible for a 24129
skill-based amusement machine operator license. 24130

       (C) A person who holds a skill-based amusement machine 24131
operator license may offer skill-based amusement machines at a 24132
location approved by the commission and as authorized by this 24133
chapter and the rules adopted thereunder and by Chapter 2915. of 24134
the Revised Code and as approved by the commission.24135

       (D) A skill-based amusement machine operator shall only 24136
purchase, lease, or otherwise acquire or obtain skill-based 24137
amusement machine equipment, goods, and services from a 24138
gaming-related vendor licensed under this chapter. 24139

       (E) Upon written request from and good cause shown, as 24140
determined by the commission, by a person that is required to 24141
apply for and obtain a skill-based amusement machine operator 24142
license under this chapter, the commission may grant a waiver or 24143
variance from one or more of the skill-based amusement machine 24144
operator licensure requirements. 24145

       (1) A waiver or variance request submitted under this 24146
division shall contain all of the following: 24147

       (a) The requestor's name, mailing address, telephone number, 24148
facsimile number, and electronic mail address, as available; 24149

       (b) A contact person and that person's mailing address, 24150
telephone number, facsimile number, and electronic mail address, 24151
as available; 24152

       (c) A detailed description of the specific requirement or 24153
requirements that the requestor is seeking to have waived or to 24154
vary from and the reason or reasons justifying the request; 24155

       (d) The requestor's signature or the signature of a duly 24156
authorized agent, employee, or representative of the requestor; 24157
and 24158

       (e) Any other information required by the commission. 24159

       (2) The commission may consider any properly submitted waiver 24160
or variance request at a meeting held under section 3772.02 of the 24161
Revised Code or designate such responsibility to the commission 24162
chairperson or the executive director. If such a designation 24163
occurs, the commission chairperson or the executive director shall 24164
provide a written response to the requestor indicating whether the 24165
waiver or variance has been granted or denied. 24166

       (3) The commission, or the commission chairperson or 24167
executive director, if designated, shall retain sole authority to 24168
grant or deny a waiver or variance request submitted under this 24169
division. The request may be denied for any reason except that no 24170
denial under this division shall be done in an arbitrary or 24171
capricious manner. 24172

       (4) Denial of any waiver or variance request submitted under 24173
this division shall not require notice and an opportunity for 24174
hearing nor shall it be considered an adjudication or final 24175
appealable order for purposes of Chapter 119. or section 2505.03 24176
of the Revised Code. 24177

       Sec. 3772.15. (A) Unless a license issued under this chapter 24178
is suspended, expires, or is revoked, the license shall be renewed 24179
for three years, as determined by commission rule, after a 24180
determination by the commission that the licensee is in compliance 24181
with this chapter and rules authorized by this chapter and after 24182
the licensee pays a fee. The commission may assess the license 24183
renewal applicant a reasonable fee in thean amount set by rule 24184
that is necessary to cover the commission's costs associated with 24185
the review of the license renewal application.24186

       (B) A licensee shall undergo a complete investigation at 24187
least every three years, as determined by commission rule, to 24188
determine that the licensee remains in compliance with this 24189
chapter or Chapter 2915. of the Revised Code.24190

       (C) Notwithstanding division (B) of this section, the 24191
commission may investigate a licensee at any time the commission 24192
determines it is necessary to ensure that the licensee remains in 24193
compliance with this section.24194

       (D) The holder of a license shall bear the cost of an 24195
investigation, except key employees that are employed by a casino 24196
operator, management company, skill-based amusement machine 24197
operator, holding company, or gaming-related vendor and casino 24198
gaming employees who are employed by a casino operator or 24199
management company, in which case the casino operatoremployer24200
shall pay the investigation cost.24201

       Sec. 3772.17. (A) The upfront license fee to obtain a license 24202
as a casino operator shall be fifty million dollars per casino 24203
facility and shall be paid upon each casino operator's filing of 24204
its casino operator license application with the commission. The 24205
upfront license fee, once paid to the commission, shall be 24206
deposited into the economic development programs fund, which is 24207
created in the state treasury. 24208

       (B) NewLicense and renewal license fees for a new casino 24209
operator, management company, and holding company license and 24210
renewal license feesof or affiliated with a casino facility shall 24211
be set by rule, subject to the review of the joint committee on 24212
gaming and wagering. If an applicant for a license as a management 24213
company or holding company is related through a joint venture or 24214
controlled by or under common control with another applicant for a 24215
license as a casino operator, management company, or holding 24216
company for the same casino facility and the applicant for a 24217
license as a management company or holding company was reviewed 24218
for suitability as part of the investigation of the casino 24219
operator, only one license fee shall be assessed against both 24220
applicants for that casino facility.24221

       (C) The fee to obtain an application for a casino operator, 24222
management company, or holding company license shall be one 24223
million five hundred thousand dollars per application. The 24224
application fee for a casino operator, management company, or 24225
holding company license may be increased to the extent that the 24226
actual review and investigation costs relating to an applicant 24227
exceed the application fee set forth in this division. If an 24228
applicant for a license as a management company or holding company 24229
is related through a joint venture or controlled by or under 24230
common control with another applicant for a license as a casino 24231
operator, management company, or holding company for the same 24232
casino facility, with the exception of actual costs of the review 24233
and investigation of the additional applicant, only one 24234
application fee shall be required of such applicants for that 24235
casino facility. The application fee shall be deposited into the 24236
casino control commission fund. The application fee is 24237
nonrefundable.24238

       (D) The license fees for a skill-based amusement machine 24239
operator shall be set by rule, subject to review by the joint 24240
committee on gaming and wagering. Additionally, the commission may 24241
assess an applicant a reasonable fee in the amount necessary to 24242
process a skill-based amusement machine operator application.24243

       (E) The license fees for a gaming-related vendor shall be set 24244
by rule, subject to the review of the joint committee on gaming 24245
and wagering. Additionally, the commission may assess an applicant 24246
a reasonable fee in the amount necessary to process a 24247
gaming-related vendor license application.24248

       (E)(F) The license fees for a key employee shall be set by 24249
rule, subject to the review of the joint committee on gaming and 24250
wagering. Additionally, the commission may assess an applicant a 24251
reasonable fee in the amount necessary to process a key employee 24252
license application. If the license is being sought at the request 24253
of a casino operator, such fees shall be paid by the casino 24254
operator.24255

       (F)(G) The license fees for a casino gaming employee shall be 24256
set by rule, subject to the review of the joint committee on 24257
gaming and wagering. If the license is being sought at the request 24258
of a casino operator, the fee shall be paid by the casino 24259
operator.24260

       Sec. 3772.21. (A) Casino gaming or skill-based amusement 24261
machine equipment, goods, and supplies customarily used in 24262
conducting casino gamingservices shall only be purchased or,24263
leased only, or otherwise acquired or obtained from gaming-related 24264
vendors licensed under this chapter. A management company owning 24265
casino gaming devices, supplies, and equipment shall be licensed 24266
as a gaming-related vendor under this chapter.24267

       (B) A licensed gaming-related vendor shall provide only 24268
casino gaming and skill-based amusement machine equipment, goods, 24269
and services that have been approved by the commission.24270

       (C) Annually, a gaming-related vendor shall furnish to the 24271
commission a list of all equipment, devices, and supplies offered 24272
for sale or, lease, or are otherwise offered in connection with 24273
casino gaming authorized under this chapter and skill-based 24274
amusement machines authorized under this chapter and Chapter 2915. 24275
of the Revised Code.24276

       (C)(D) A gaming-related vendor shall keep books and records 24277
for the furnishing of equipment, devices, and supplies to casino24278
gaming and skill-based amusement machine operations separate from 24279
books and records of any other business operated by the 24280
gaming-related vendor. A gaming-related vendor shall file a 24281
quarterly return with the commission listing all sales and leases. 24282
A gaming-related vendor shall permanently affix the gaming-related 24283
vendor's name to all of the gaming-related vendor's equipment, 24284
devices, and supplies for casino gaming operationsgoods.24285

       (D)(E) A gaming-related vendor's equipment, devices, or 24286
suppliesgoods that are used by a person in an unauthorized casino 24287
gaming or skill-based amusement machine operation shall be 24288
forfeited to the commission.24289

       Sec. 3772.23. (A) All tokens, chips, or electronic cards that 24290
are used to make wagers shall be purchased from the casino 24291
operator or management company while at a casino facility that has 24292
been approved by the commission. Chips, tokens, tickets, 24293
electronic cards, or similar objects may be used while at the 24294
casino facility only for the purpose of making wagers on casino 24295
games.24296

       (B) Casino operators and management companies may provide 24297
promotional gaming credits to their patrons. Promotional gaming 24298
credits shall be subject to oversight by the commission.24299

       (C) Casino operators and, management companies, and 24300
skill-based amusement machine operators shall not do any of the 24301
following:24302

       (1) Obtain a license to operate a check-cashing business 24303
under sections 1315.01 to 1315.30 of the Revised Code;24304

       (2) Obtain a license to provide loans under sections 1321.01 24305
to 1321.19 of the Revised Code;24306

       (3) Obtain a license to provide loans under sections 1321.35 24307
to 1321.48 of the Revised Code.24308

       Sec. 3772.31.  (A) The commission, by and through the 24309
executive director of the commission and as required under section 24310
125.05 of the Revised Code, may enter into contracts necessary to 24311
ensure the proper operation and reporting of all casino gaming 24312
authorized under this chapter and all skill-based amusement 24313
machines authorized under this chapter and Chapter 2915. of the 24314
Revised Code. The commission shall not require use of a central 24315
system by a casino operator, management company, or skill-based 24316
amusement machine operator if the casino operator, management 24317
company, or skill-based amusement machine operator is in 24318
compliance with this chapter or Chapter 2915. of the Revised Code, 24319
as applicable. If the commission determines, after written notice 24320
to the casino operator, management company, or skill-based 24321
amusement machine operator and a hearing under section 3772.04 of 24322
the Revised Code, that a casino operator, management company, or 24323
skill-based amusement machine operator is not in compliance with 24324
this chapter or Chapter 2915. of the Revised Code, as applicable, 24325
the commission may determine it is necessary to require the casino 24326
operator, management company, or skill-based amusement machine 24327
operator to install and implement a central system under such 24328
conditions as the commission may require. Before any such hearing, 24329
the commission shall provide the casino operatorparty with 24330
written notice that the casino operatorparty is not in compliance 24331
with a specific requirement of this chapter or Chapter 2915. of 24332
the Revised Code, as applicable, describe the requirement, and 24333
provide the casino operatorparty at least thirty days to cure the 24334
noncompliance or, if the cure cannot be reasonably rectified 24335
within thirty days, require the casino operatorparty to 24336
demonstrate to the commission's satisfaction that the casino 24337
operatorparty is diligently pursuing the required cure. The 24338
system shall be operated by or under the commission's control. If 24339
the commission determines that a central system is necessary and 24340
adopts rules authorizing a central system, casino operators or 24341
management companies shall be responsible for the costs of the 24342
central system as it relates to casino facilities and skill-based 24343
amusement machine operators shall be responsible for the costs of 24344
the central system as it relates to skill-based amusement 24345
machines.24346

       (B) The commission shall certify independent testing 24347
laboratories to scientifically test and technically evaluate all 24348
slot machines, mechanical, electromechanical, or electronic table 24349
games, slot accounting systems, and other electronic gaming 24350
equipment for compliance with this chapter and all skill-based 24351
amusement machines and related equipment and goods for compliance 24352
with this chapter and Chapter 2915. of the Revised Code. The 24353
certified independent testing laboratories shall be accredited by 24354
a national accreditation body. The commission shall certify an 24355
independent testing laboratory if it is competent and qualified to 24356
scientifically test and evaluate electronic gaming equipment for 24357
compliance with this chapter and Chapter 2915. of the Revised 24358
Code, as applicable, and to otherwise perform the functions 24359
assigned to an independent testing laboratory under this chapter. 24360
An independent testing laboratory shall not be owned or controlled 24361
by, or have any interest in, a gaming-related vendor of electronic 24362
gaming equipment. The commission shall prepare a list of certified 24363
independent testing laboratories from which independent testing 24364
laboratories shall be chosen for all purposes under this chapter.24365

       Sec. 3772.99.  (A) The commission shall levy and collect 24366
penalties for noncriminal violations of this chapter. Noncriminal 24367
violations include using the term "casino" in any advertisement in 24368
regard to a facility operating video lottery terminals, as defined 24369
in section 3770.21 of the Revised Code, in this state. Moneys 24370
collected from such penalty levies shall be credited to the 24371
general revenue fund.24372

       (B) If a licensed casino operator, management company, 24373
holding company, gaming-related vendor, or key employeelicensee24374
violates this chapter or engages in a fraudulent act, the 24375
commission may suspend or revoke the license and may do either or 24376
both of the following:24377

       (1) Suspend, revoke, or restrict the casino gaming operations 24378
of a casino operator or management company or the skill-based 24379
amusement machine operations of a skill-based amusement machine 24380
operator;24381

       (2) Require the removal of a management company, key 24382
employee, or discontinuance of services from a gaming-related 24383
vendor.24384

       (C) The commission shall impose civil penalties against a 24385
person who violates this chapter under the penalties adopted by 24386
commission rule and reviewed by the joint committee on gaming and 24387
wagering.24388

       (D) A person who purposely or knowingly or intentionally does 24389
any of the following commits a misdemeanor of the first degree on 24390
the first offense and a felony of the fifth degree for a 24391
subsequent offense:24392

       (1) Makes a false statement on an application submitted under 24393
this chapter;24394

       (2) Permits a person less than twenty-one years of age to 24395
make a wager at a casino facility;24396

       (3) Aids, induces, or causes a person less than twenty-one 24397
years of age who is not an employee of the casino gaming operation 24398
to enter or attempt to enter a casino facility;24399

       (4) Enters or attempts to enter a casino facility while under 24400
twenty-one years of age, unless the person enters a designated 24401
area as described in section 3772.24 of the Revised Code;24402

       (5) Is a casino operator or employee and participates in 24403
casino gaming other than as part of operation or employment.24404

       (E) A person who purposely or knowingly or intentionally does 24405
any of the following commits a felony of the fifth degree on a 24406
first offense and a felony of the fourth degree for a subsequent 24407
offense. If the person is a licensee under this chapter, the 24408
commission shall revoke the person's license after the first 24409
offense.24410

       (1) Uses or possesses with the intent to use a device to 24411
assist in projecting the outcome of the casino game, keeping track 24412
of the cards played, analyzing the probability of the occurrence 24413
of an event relating to the casino game, or analyzing the strategy 24414
for playing or betting to be used in the casino game, except as 24415
permitted by the commission;24416

       (2) Cheats at a casino game;24417

       (3) Manufactures, sells, or distributes any cards, chips, 24418
dice, game, or device that is intended to be used to violate this 24419
chapter;24420

       (4) Alters or misrepresents the outcome of a casino game on 24421
which wagers have been made after the outcome is made sure but 24422
before the outcome is revealed to the players;24423

       (5) Places, increases, or decreases a wager on the outcome of 24424
a casino game after acquiring knowledge that is not available to 24425
all players and concerns the outcome of the casino game that is 24426
the subject of the wager;24427

       (6) Aids a person in acquiring the knowledge described in 24428
division (E)(5) of this section for the purpose of placing, 24429
increasing, or decreasing a wager contingent on the outcome of a 24430
casino game;24431

       (7) Claims, collects, takes, or attempts to claim, collect, 24432
or take money or anything of value in or from a casino game with 24433
the intent to defraud or without having made a wager contingent on 24434
winning a casino game;24435

       (8) Claims, collects, or takes an amount of money or thing of 24436
value of greater value than the amount won in a casino game;24437

       (9) Uses or possesses counterfeit chips, tokens, or cashless 24438
wagering instruments in or for use in a casino game;24439

       (10) Possesses a key or device designed for opening, 24440
entering, or affecting the operation of a casino game, skill-based 24441
amusement machine, drop box, or an electronic or a mechanical 24442
device connected with the casino game or skill-based amusement 24443
machine or removing coins, tokens, chips, or other contents of a 24444
casino game or skill-based amusement machine. This division does 24445
not apply to a casino operator, management company, skill-based 24446
amusement machine operator, or gaming-related vendor or their 24447
agents and employees in the course of agency or employment.24448

       (11) Possesses materials used to manufacture a device 24449
intended to be used in a manner that violates this chapter or 24450
Chapter 2915. of the Revised Code;24451

       (12) Operates a casino gaming operation in which wagering is 24452
conducted or is to be conducted in a manner other than the manner 24453
required under this chapter or a skill-based amusement machine 24454
operation in a manner other than the manner required under this 24455
chapter or Chapter 2915. of the Revised Code.24456

       (F) The possession of more than one of the devices described 24457
in division (E)(9), (10), or (11) of this section creates a 24458
rebuttable presumption that the possessor intended to use the 24459
devices for cheating.24460

       (G) A person who purposely or knowingly or intentionally does 24461
any of the following commits a felony of the third degree. If the 24462
person is a licensee under this chapter, the commission shall 24463
revoke the person's license after the first offense. A public 24464
servant or party official who is convicted under this division is 24465
forever disqualified from holding any public office, employment, 24466
or position of trust in this state.24467

       (1) Offers, promises, or gives anything of value or benefit 24468
to a person who is connected with the casino operator, management 24469
company, skill-based amusement machine operator, holding company, 24470
or gaming-related vendor, including their officers and employees, 24471
under an agreement to influence or with the intent to influence 24472
the actions of the person to whom the offer, promise, or gift was 24473
made in order to affect or attempt to affect the outcome of a 24474
casino game or skill-based amusement machine or an official action 24475
of a commission member, agent, or employee;24476

       (2) Solicits, accepts, or receives a promise of anything of 24477
value or benefit while the person is connected with a casino 24478
facility or skill-based amusement machine, including an officer or 24479
employee of a casino operator, management company, skill-based 24480
amusement machine operator, or gaming-related vendor, under an 24481
agreement to influence or with the intent to influence the actions 24482
of the person to affect or attempt to affect the outcome of a 24483
casino game or skill-based amusement machine or an official action 24484
of a commission member, agent, or employee;24485

        (H) A person who is convicted of a felony described in this 24486
chapter or Chapter 2915. of the Revised Code may be barred for 24487
life from entering a casino facility by the commission.24488

       Sec. 4121.129.  (A) There is hereby created the workers' 24489
compensation audit committee consisting of at least three members. 24490
One member shall be the member of the bureau of workers' 24491
compensation board of directors who is a certified public 24492
accountant. The board, by majority vote, shall appoint two 24493
additional members of the board to serve on the audit committee 24494
and may appoint additional members who are not board members, as 24495
the board determines necessary. Members of the audit committee 24496
serve at the pleasure of the board, and the board, by majority 24497
vote, may remove any member except the member of the committee who 24498
is the certified public accountant member of the board. The board, 24499
by majority vote, shall determine how often the audit committee 24500
shall meet and report to the board. If the audit committee meets 24501
on the same day as the board holds a meeting, no member shall be 24502
compensated for more than one meeting held on that day. The audit 24503
committee shall do all of the following:24504

       (1) Recommend to the board an accountingactuarial firm to 24505
perform the annual auditsanalysis required under section 4123.47 24506
of the Revised Code;24507

       (2) Recommend an auditing firm for the board to use when 24508
conducting audits under section 4121.125 of the Revised Code;24509

       (3) Review the results of each annual audit and management 24510
review and, if any problems exist, assess the appropriate course 24511
of action to correct those problems and develop an action plan to 24512
correct those problems;24513

       (4) Monitor the implementation of any action plans created 24514
pursuant to division (A)(3) of this section;24515

       (5) Review all internal audit reports on a regular basis.24516

       (B) There is hereby created the workers' compensation 24517
actuarial committee consisting of at least three members. One 24518
member shall be the member of the board who is an actuary. The 24519
board, by majority vote, shall appoint two additional members of 24520
the board to serve on the actuarial committee and may appoint 24521
additional members who are not board members, as the board 24522
determines necessary. Members of the actuarial committee serve at 24523
the pleasure of the board and the board, by majority vote, may 24524
remove any member except the member of the committee who is the 24525
actuary member of the board. The board, by majority vote, shall 24526
determine how often the actuarial committee shall meet and report 24527
to the board. If the actuarial committee meets on the same day as 24528
the board holds a meeting, no member shall be compensated for more 24529
than one meeting held on that day. The actuarial committee shall 24530
do both of the following:24531

       (1) Recommend actuarial consultants for the board to use for 24532
the funds specified in this chapter and Chapters 4123., 4127., and 24533
4131. of the Revised Code;24534

       (2) Review calculations on rate schedules and performance 24535
prepared by the actuarial consultants with whom the board enters 24536
into a contract.24537

       (C)(1) There is hereby created the workers' compensation 24538
investment committee consisting of at least four members. Two of 24539
the members shall be the members of the board who serve as the 24540
investment and securities experts on the board. The board, by 24541
majority vote, shall appoint two additional members of the board 24542
to serve on the investment committee and may appoint additional 24543
members who are not board members. Each additional member the 24544
board appoints shall have at least one of the following 24545
qualifications:24546

       (a) Experience managing another state's pension funds or 24547
workers' compensation funds;24548

       (b) Expertise that the board determines is needed to make 24549
investment decisions.24550

        Members of the investment committee serve at the pleasure of 24551
the board and the board, by majority vote, may remove any member 24552
except the members of the committee who are the investment and 24553
securities expert members of the board. The board, by majority 24554
vote, shall determine how often the investment committee shall 24555
meet and report to the board. If the investment committee meets on 24556
the same day as the board holds a meeting, no member shall be 24557
compensated for more than one meeting held on that day.24558

       (2) The investment committee shall do all of the following:24559

       (a) Develop the investment policy for the administration of 24560
the investment program for the funds specified in this chapter and 24561
Chapters 4123., 4127., and 4131. of the Revised Code in accordance 24562
with the requirements specified in section 4123.442 of the Revised 24563
Code;24564

       (b) Submit the investment policy developed pursuant to 24565
division (C)(2)(a) of this section to the board for approval;24566

       (c) Monitor implementation by the administrator of workers' 24567
compensation and the bureau of workers' compensation chief 24568
investment officer of the investment policy approved by the board;24569

       (d) Recommend outside investment counsel with whom the board 24570
may contract to assist the investment committee in fulfilling its 24571
duties;24572

       (e) Review the performance of the bureau of workers' 24573
compensation chief investment officer and any investment 24574
consultants retained by the administrator to assure that the 24575
investments of the assets of the funds specified in this chapter 24576
and Chapters 4123., 4127., and 4131. of the Revised Code are made 24577
in accordance with the investment policy approved by the board and 24578
that the best possible return onto assure compliance with the24579
investment is achievedpolicy and effective management of the 24580
funds.24581

       Sec. 4121.443.  (A) The bureau of workers' compensation may 24582
summarily suspend the certification of a provider to participate 24583
in the health partnership program created under sections 4121.44 24584
and 4121.441 of the Revised Code without a prior hearing if the 24585
bureau determines any of the following apply to the provider:24586

       (1) The professional license, certification, or registration 24587
held by the provider has been revoked or suspended.24588

       (2) The provider has been convicted of or has pleaded guilty 24589
to a violation of section 2913.48 or sections 2923.31 to 2923.36 24590
of the Revised Code or any other criminal offense related to the 24591
delivery of or billing for health care benefits.24592

       (3) The continued participation by the provider in the health 24593
partnership program presents a danger to the health and safety of 24594
claimants.24595

       (B) The bureau shall issue a written order of summary 24596
suspension by certified mail or in person in accordance with 24597
section 119.07 of the Revised Code. The order shall not be subject 24598
to suspension by the court during pendency of any appeal filed 24599
under section 119.12 of the Revised Code. If the provider subject 24600
to the summary suspension requests an adjudicatory hearing by the 24601
bureau, the date set for the hearing shall be not later than 24602
fifteen days, but not earlier than seven days, after the provider 24603
requests the hearing, unless otherwise agreed to by both the 24604
bureau and the provider.24605

       (C) Any summary suspension imposed under this section shall 24606
remain in effect, unless reversed on appeal, until a final 24607
adjudication order issued by the bureau pursuant to this section 24608
and Chapter 119. of the Revised Code takes effect. The bureau 24609
shall issue its final adjudication order within seventy-five days 24610
after completion of its hearing. A failure to issue the order 24611
within the seventy-five-day time period shall result in 24612
dissolution of the summary suspension order but shall not 24613
invalidate any subsequent, final adjudication order.24614

       Sec. 4121.447.  Each contract the administrator of workers' 24615
compensation enters into with a managed care organization under 24616
division (B)(4) of section 4121.44 of the Revised Code shall 24617
require the managed care organization to enter into a data 24618
security agreement with the state board of pharmacy governing the 24619
managed care organization's use of the board's drug database 24620
established and maintained under section 4729.75 of the Revised 24621
Code.24622

       This section does not apply if the board does not establish 24623
or maintain the drug database.24624

       Sec. 4123.01.  As used in this chapter:24625

       (A)(1) "Employee" means:24626

       (a) Every person in the service of the state, or of any 24627
county, municipal corporation, township, or school district 24628
therein, including regular members of lawfully constituted police 24629
and fire departments of municipal corporations and townships, 24630
whether paid or volunteer, and wherever serving within the state 24631
or on temporary assignment outside thereof, and executive officers 24632
of boards of education, under any appointment or contract of hire, 24633
express or implied, oral or written, including any elected 24634
official of the state, or of any county, municipal corporation, or 24635
township, or members of boards of education.24636

       As used in division (A)(1)(a) of this section, the term 24637
"employee" includes the following persons when responding to an 24638
inherently dangerous situation that calls for an immediate 24639
response on the part of the person, regardless of whether the 24640
person is within the limits of the jurisdiction of the person's 24641
regular employment or voluntary service when responding, on the 24642
condition that the person responds to the situation as the person 24643
otherwise would if the person were on duty in the person's 24644
jurisdiction:24645

       (i) Off-duty peace officers. As used in division (A)(1)(a)(i) 24646
of this section, "peace officer" has the same meaning as in 24647
section 2935.01 of the Revised Code.24648

       (ii) Off-duty firefighters, whether paid or volunteer, of a 24649
lawfully constituted fire department.24650

       (iii) Off-duty first responders, emergency medical 24651
technicians-basic, emergency medical technicians-intermediate, or 24652
emergency medical technicians-paramedic, whether paid or 24653
volunteer, of an ambulance service organization or emergency 24654
medical service organization pursuant to Chapter 4765. of the 24655
Revised Code.24656

       (b) Every person in the service of any person, firm, or 24657
private corporation, including any public service corporation, 24658
that (i) employs one or more persons regularly in the same 24659
business or in or about the same establishment under any contract 24660
of hire, express or implied, oral or written, including aliens and 24661
minors, household workers who earn one hundred sixty dollars or 24662
more in cash in any calendar quarter from a single household and 24663
casual workers who earn one hundred sixty dollars or more in cash 24664
in any calendar quarter from a single employer, or (ii) is bound 24665
by any such contract of hire or by any other written contract, to 24666
pay into the state insurance fund the premiums provided by this 24667
chapter.24668

       (c) Every person who performs labor or provides services 24669
pursuant to a construction contract, as defined in section 4123.79 24670
of the Revised Code, if at least ten of the following criteria 24671
apply:24672

       (i) The person is required to comply with instructions from 24673
the other contracting party regarding the manner or method of 24674
performing services;24675

       (ii) The person is required by the other contracting party to 24676
have particular training;24677

       (iii) The person's services are integrated into the regular 24678
functioning of the other contracting party;24679

       (iv) The person is required to perform the work personally;24680

       (v) The person is hired, supervised, or paid by the other 24681
contracting party;24682

       (vi) A continuing relationship exists between the person and 24683
the other contracting party that contemplates continuing or 24684
recurring work even if the work is not full time;24685

       (vii) The person's hours of work are established by the other 24686
contracting party;24687

       (viii) The person is required to devote full time to the 24688
business of the other contracting party;24689

       (ix) The person is required to perform the work on the 24690
premises of the other contracting party;24691

       (x) The person is required to follow the order of work set by 24692
the other contracting party;24693

       (xi) The person is required to make oral or written reports 24694
of progress to the other contracting party;24695

       (xii) The person is paid for services on a regular basis such 24696
as hourly, weekly, or monthly;24697

       (xiii) The person's expenses are paid for by the other 24698
contracting party;24699

       (xiv) The person's tools and materials are furnished by the 24700
other contracting party;24701

       (xv) The person is provided with the facilities used to 24702
perform services;24703

       (xvi) The person does not realize a profit or suffer a loss 24704
as a result of the services provided;24705

       (xvii) The person is not performing services for a number of 24706
employers at the same time;24707

       (xviii) The person does not make the same services available 24708
to the general public;24709

       (xix) The other contracting party has a right to discharge 24710
the person;24711

       (xx) The person has the right to end the relationship with 24712
the other contracting party without incurring liability pursuant 24713
to an employment contract or agreement.24714

       Every person in the service of any independent contractor or 24715
subcontractor who has failed to pay into the state insurance fund 24716
the amount of premium determined and fixed by the administrator of 24717
workers' compensation for the person's employment or occupation or 24718
if a self-insuring employer has failed to pay compensation and 24719
benefits directly to the employer's injured and to the dependents 24720
of the employer's killed employees as required by section 4123.35 24721
of the Revised Code, shall be considered as the employee of the 24722
person who has entered into a contract, whether written or verbal, 24723
with such independent contractor unless such employees or their 24724
legal representatives or beneficiaries elect, after injury or 24725
death, to regard such independent contractor as the employer.24726

       (d) Every person to whom all of the following apply:24727

       (i) The person is a resident of a state other than this state 24728
and is covered by that other state's workers' compensation law;24729

       (ii) The person performs labor or provides services for that 24730
person's employer while temporarily within this state;24731

       (iii) The laws of that other state do not include the 24732
provisions described in division (H)(4) of section 4123.54 of the 24733
Revised Code.24734

       (2) "Employee" does not mean:24735

       (a) A duly ordained, commissioned, or licensed minister or 24736
assistant or associate minister of a church in the exercise of 24737
ministry;24738

       (b) Any officer of a family farm corporation;24739

       (c) An individual incorporated as a corporation; or24740

        (d) An individual who otherwise is an employee of an employer 24741
but who signs the waiver and affidavit specified in section 24742
4123.15 of the Revised Code on the condition that the 24743
administrator has granted a waiver and exception to the 24744
individual's employer under section 4123.15 of the Revised Code.24745

       Any employer may elect to include as an "employee" within 24746
this chapter, any person excluded from the definition of 24747
"employee" pursuant to division (A)(2) of this section. If an 24748
employer is a partnership, sole proprietorship, individual 24749
incorporated as a corporation, or family farm corporation, such 24750
employer may elect to include as an "employee" within this 24751
chapter, any member of such partnership, the owner of the sole 24752
proprietorship, the individual incorporated as a corporation, or 24753
the officers of the family farm corporation. In the event of an 24754
election, the employer shall serve upon the bureau of workers' 24755
compensation written notice naming the persons to be covered, 24756
include such employee's remuneration for premium purposes in all 24757
future payroll reports, and no person excluded from the definition 24758
of "employee" pursuant to division (A)(2) of this section, 24759
proprietor, individual incorporated as a corporation, or partner 24760
shall be deemed an employee within this division until the 24761
employer has served such notice.24762

       For informational purposes only, the bureau shall prescribe 24763
such language as it considers appropriate, on such of its forms as 24764
it considers appropriate, to advise employers of their right to 24765
elect to include as an "employee" within this chapter a sole 24766
proprietor, any member of a partnership, an individual 24767
incorporated as a corporation, the officers of a family farm 24768
corporation, or a person excluded from the definition of 24769
"employee" under division (A)(2) of this section, that they should 24770
check any health and disability insurance policy, or other form of 24771
health and disability plan or contract, presently covering them, 24772
or the purchase of which they may be considering, to determine 24773
whether such policy, plan, or contract excludes benefits for 24774
illness or injury that they might have elected to have covered by 24775
workers' compensation.24776

       (B) "Employer" means:24777

       (1) The state, including state hospitals, each county, 24778
municipal corporation, township, school district, and hospital 24779
owned by a political subdivision or subdivisions other than the 24780
state;24781

       (2) Every person, firm, professional employer organization as 24782
defined in section 4125.01 of the Revised Code, and private 24783
corporation, including any public service corporation, that (a) 24784
has in service one or more employees or shared employees regularly 24785
in the same business or in or about the same establishment under 24786
any contract of hire, express or implied, oral or written, or (b) 24787
is bound by any such contract of hire or by any other written 24788
contract, to pay into the insurance fund the premiums provided by 24789
this chapter.24790

       All such employers are subject to this chapter. Any member of 24791
a firm or association, who regularly performs manual labor in or 24792
about a mine, factory, or other establishment, including a 24793
household establishment, shall be considered an employee in 24794
determining whether such person, firm, or private corporation, or 24795
public service corporation, has in its service, one or more 24796
employees and the employer shall report the income derived from 24797
such labor to the bureau as part of the payroll of such employer, 24798
and such member shall thereupon be entitled to all the benefits of 24799
an employee.24800

       (C) "Injury" includes any injury, whether caused by external 24801
accidental means or accidental in character and result, received 24802
in the course of, and arising out of, the injured employee's 24803
employment. "Injury" does not include:24804

       (1) Psychiatric conditions except where the claimant's 24805
psychiatric conditions have arisen from an injury or occupational 24806
disease sustained by that claimant or where the claimant's 24807
psychiatric conditions have arisen from sexual conduct in which 24808
the claimant was forced by threat of physical harm to engage or 24809
participate;24810

       (2) Injury or disability caused primarily by the natural 24811
deterioration of tissue, an organ, or part of the body;24812

       (3) Injury or disability incurred in voluntary participation 24813
in an employer-sponsored recreation or fitness activity if the 24814
employee signs a waiver of the employee's right to compensation or 24815
benefits under this chapter prior to engaging in the recreation or 24816
fitness activity;24817

       (4) A condition that pre-existed an injury unless that 24818
pre-existing condition is substantially aggravated by the injury. 24819
Such a substantial aggravation must be documented by objective 24820
diagnostic findings, objective clinical findings, or objective 24821
test results. Subjective complaints may be evidence of such a 24822
substantial aggravation. However, subjective complaints without 24823
objective diagnostic findings, objective clinical findings, or 24824
objective test results are insufficient to substantiate a 24825
substantial aggravation.24826

       (D) "Child" includes a posthumous child and a child legally 24827
adopted prior to the injury.24828

       (E) "Family farm corporation" means a corporation founded for 24829
the purpose of farming agricultural land in which the majority of 24830
the voting stock is held by and the majority of the stockholders 24831
are persons or the spouse of persons related to each other within 24832
the fourth degree of kinship, according to the rules of the civil 24833
law, and at least one of the related persons is residing on or 24834
actively operating the farm, and none of whose stockholders are a 24835
corporation. A family farm corporation does not cease to qualify 24836
under this division where, by reason of any devise, bequest, or 24837
the operation of the laws of descent or distribution, the 24838
ownership of shares of voting stock is transferred to another 24839
person, as long as that person is within the degree of kinship 24840
stipulated in this division.24841

       (F) "Occupational disease" means a disease contracted in the 24842
course of employment, which by its causes and the characteristics 24843
of its manifestation or the condition of the employment results in 24844
a hazard which distinguishes the employment in character from 24845
employment generally, and the employment creates a risk of 24846
contracting the disease in greater degree and in a different 24847
manner from the public in general.24848

       (G) "Self-insuring employer" means an employer who is granted 24849
the privilege of paying compensation and benefits directly under 24850
section 4123.35 of the Revised Code, including a board of county 24851
commissioners for the sole purpose of constructing a sports 24852
facility as defined in section 307.696 of the Revised Code, 24853
provided that the electors of the county in which the sports 24854
facility is to be built have approved construction of a sports 24855
facility by ballot election no later than November 6, 1997.24856

       (H) "Private employer" means an employer as defined in 24857
division (B)(2) of this section.24858

       (I) "Professional employer organization" has the same meaning 24859
as in section 4125.01 of the Revised Code.24860

       (J) "Public employer" means an employer as defined in 24861
division (B)(1) of this section.24862

       (I)(K) "Sexual conduct" means vaginal intercourse between a 24863
male and female; anal intercourse, fellatio, and cunnilingus 24864
between persons regardless of gender; and, without privilege to do 24865
so, the insertion, however slight, of any part of the body or any 24866
instrument, apparatus, or other object into the vaginal or anal 24867
cavity of another. Penetration, however slight, is sufficient to 24868
complete vaginal or anal intercourse.24869

       (J)(L) "Other-states' insurer" means an insurance company 24870
that is authorized to provide workers' compensation insurance 24871
coverage in any of the states that permit employers to obtain 24872
insurance for workers' compensation claims through insurance 24873
companies.24874

       (K)(M) "Other-states' coverage" means insuranceboth of the 24875
following:24876

       (1) Insurance coverage purchasedsecured by an eligible24877
employer for workers' compensation claims that ariseof employees 24878
who are in employment relationships localized in a state or states24879
other than this state and that are filed by the employees of the 24880
employer or those employee'semployees' dependents, as 24881
applicable, in that other state or those other states;24882

       (2) Insurance coverage secured by an eligible employer for 24883
workers' compensation claims that arise in a state other than this 24884
state where an employer elects to obtain coverage through either 24885
the administrator or an other-states' insurer.24886

       (N) "Limited other-states coverage" means insurance coverage 24887
provided by the administrator to an eligible employer for workers' 24888
compensation claims of employees who are in an employment 24889
relationship in this state but are temporarily working a state 24890
other than this state, or those employees' dependents.24891

       Sec. 4123.26. (A) Every employer shall keep records of, and 24892
furnish to the bureau of workers' compensation upon request, all 24893
information required by the administrator of workers' compensation 24894
to carry out this chapter. In January of each year24895

       (B) Except as otherwise provided in division (C) of this 24896
section, every private employer of the state employing one or 24897
more employees regularly in the same business, or in or about the 24898
same establishment, shall prepare and mailsubmit a payroll report24899
to the bureau at its main office in Columbus a statement 24900
containing. Until the policy year commencing July 1, 2015, a 24901
private employer shall submit the payroll report in January of 24902
each year. For a policy year commencing on or after July 1, 2015, 24903
the employer shall submit the payroll report on or before August 24904
fifteenth of each year unless otherwise specified by the 24905
administrator in rules the administrator adopts. The employer 24906
shall include all of the following information in the payroll 24907
report, as applicable:24908

       (A) The(1) For payroll reports submitted prior to July 1, 24909
2015, the number of employees employed during the preceding year 24910
from the first day of January through the thirty-first day of 24911
December who are localized in this state;24912

       (B)(2) For payroll reports submitted on or after July 1, 24913
2015, the number of employees localized in this state employed 24914
during the preceding policy year from the first day of July 24915
through the thirtieth day of June;24916

       (3) The number of such employees localized in this state24917
employed at each kind of employment and the aggregate amount of 24918
wages paid to such employees;24919

       (C)(4)(a) If an employer elects to obtainsecure24920
other-states' coverage or limited other-states' coverage pursuant 24921
to section 4123.292 of the Revised Code through either the 24922
administrator, if the administrator elects to offer such coverage, 24923
or an other-states' insurer for claims arising in a state or 24924
states other than this state, all of the following information:24925

       (1) The amount of wages the employer paid to the employer's 24926
employees for performing labor or providing services for the 24927
employer in this state;24928

       (2) The amount of wages the employer paid to the employer's 24929
employees for performing labor or providing services for the 24930
employer in a state or states other than this state.24931

        The allocation of wages identified by the employer pursuant 24932
to divisions (C)(1) and (2) of this section shall not be presumed 24933
to be an indication of the law under which an employee is eligible 24934
to receive compensation and benefitsrequired under divisions 24935
(B)(1) to (3) of this section and any additional information 24936
required by the administrator in rules the administrator adopts, 24937
with the advice and consent of the bureau of workers' compensation 24938
board of directors, to allow the employer to secure other-states' 24939
coverage or limited other-states' coverage.24940

       (D)(5)(a) In accordance with the rules adopted by the 24941
administrator pursuant to division (D)(C) of section 4123.32 of 24942
the Revised Code, if the employer employs employees who are 24943
covered under the federal "Longshore and Harbor Workers' 24944
Compensation Act," 98 Stat. 1639, 33 U.S.C. 901 et seq., and under 24945
this chapter and Chapter 4121. of the Revised Code, both of the 24946
following amounts:24947

       (1)(i) The amount of wages the employer pays to those 24948
employees when the employees perform labor and provide services 24949
for which the employees are eligible to receive compensation and 24950
benefits under the federal "Longshore and Harbor Workers' 24951
Compensation Act;";24952

       (2)(ii) The amount of wages the employer pays to those 24953
employees when the employees perform labor and provide services 24954
for which the employees are eligible to receive compensation and 24955
benefits under this chapter and Chapter 4121. of the Revised Code.24956

       (b) The allocation of wages identified by the employer 24957
pursuant to divisions (D)(1)(B)(5)(a)(i) and (2)(ii) of this 24958
section shall not be presumed to be an indication of the law under 24959
which an employee is eligible to receive compensation and 24960
benefits.24961

       The information shall be furnished on a blank to be prepared 24962
by the bureau. The bureau shall furnish the blanks to employers 24963
free of charge upon request therefor. Every employer receiving 24964
from the bureau any blank, with directions to fill out the same, 24965
shall cause the same to be properly filled out so as to answer 24966
fully and correctly all questions therein propounded, and give all 24967
the information therein sought, or if unable to do so, the 24968
employer shall give to the bureau in writing good and sufficient 24969
reasons for such failure.(C) Beginning August 1, 2015, each 24970
employer that is recognized by the administrator as a professional 24971
employer organization shall submit a monthly payroll report 24972
containing the number of employees employed during the preceding 24973
calendar month, the number of those employees employed at each 24974
kind of employment, and the aggregate amount of wages paid to 24975
those employees.24976

       (D) An employer described in division (B) of this section 24977
shall submit the payroll report required under this section to the 24978
bureau on a form prescribed by the bureau. The bureau may require 24979
that the information required to be furnished be verified under 24980
oath and returned to the bureau within the period fixed by it or 24981
by law. The bureau or any person employed by the bureau for that 24982
purpose, may examine, under oath, any employer, or the officer, 24983
agent, or employee thereof, for the purpose of ascertaining any 24984
information which the employer is required to furnish to the 24985
bureau.24986

       (E) No private employer shall fail to furnish to the bureau 24987
the annual statementpayroll report required by this section, nor 24988
shall any employer fail to keep records of or furnish such other 24989
information as may be required by the bureau under this section.24990

       Whoever violates this section shall forfeit five hundred 24991
dollars, to be collected in a civil action brought against the 24992
employer in the name of the state, to be paid into the state 24993
insurance fund and become a part thereof24994

       (F) The administrator may adopt rules setting forth penalties 24995
for failure to submit the payroll report required by this section, 24996
including but not limited to exclusion from alternative rating 24997
plans and discount programs.24998

       Sec. 4123.27.  Information contained in the annual statement24999
payroll report provided for in section 4123.26 of the Revised 25000
Code, and such other information as may be furnished to the bureau 25001
of workers' compensation by employers in pursuance of that 25002
section, is for the exclusive use and information of the bureau in 25003
the discharge of its official duties, and shall not be open to the 25004
public nor be used in any court in any action or proceeding 25005
pending therein unless the bureau is a party to the action or 25006
proceeding; but the. The information contained in the statement25007
payroll report may be tabulated and published by the bureau in 25008
statistical form for the use and information of other state 25009
departments and the public. No person in the employ of the bureau, 25010
except those who are authorized by the administrator of workers' 25011
compensation, shall divulge any information secured by the person 25012
while in the employ of the bureau in respect to the transactions, 25013
property, claim files, records, or papers of the bureau or in 25014
respect to the business or mechanical, chemical, or other 25015
industrial process of any company, firm, corporation, person, 25016
association, partnership, or public utility to any person other 25017
than the administrator or to the superior of such employee of the 25018
bureau.25019

       Notwithstanding the restrictions imposed by this section, the 25020
governor, select or standing committees of the general assembly, 25021
the auditor of state, the attorney general, or their designees, 25022
pursuant to the authority granted in this chapter and Chapter 25023
4121. of the Revised Code, may examine any records, claim files, 25024
or papers in possession of the industrial commission or the 25025
bureau. They also are bound by the privilege that attaches to 25026
these papers.25027

       The administrator shall report to the director of job and 25028
family services or to the county director of job and family 25029
services the name, address, and social security number or other 25030
identification number of any person receiving workers' 25031
compensation whose name or social security number or other 25032
identification number is the same as that of a person required by 25033
a court or child support enforcement agency to provide support 25034
payments to a recipient or participant of public assistance, as 25035
that term is defined in section 5101.181 of the Revised Code, and 25036
whose name is submitted to the administrator by the director under 25037
section 5101.36 of the Revised Code. The administrator also shall 25038
inform the director of the amount of workers' compensation paid to 25039
the person during such period as the director specifies.25040

       Within fourteen days after receiving from the director of job 25041
and family services a list of the names and social security 25042
numbers of recipients or participants of public assistance 25043
pursuant to section 5101.181 of the Revised Code, the 25044
administrator shall inform the auditor of state of the name, 25045
current or most recent address, and social security number of each 25046
person receiving workers' compensation pursuant to this chapter 25047
whose name and social security number are the same as that of a 25048
person whose name or social security number was submitted by the 25049
director. The administrator also shall inform the auditor of state 25050
of the amount of workers' compensation paid to the person during 25051
such period as the director specifies.25052

       The bureau and its employees, except for purposes of 25053
furnishing the auditor of state with information required by this 25054
section, shall preserve the confidentiality of recipients or 25055
participants of public assistance in compliance with section 25056
5101.181 of the Revised Code.25057

       Sec. 4123.29.  (A) The administrator of workers' 25058
compensation, subject to the approval of the bureau of workers' 25059
compensation board of directors, shall do all of the following:25060

       (1) Classify occupations or industries with respect to their 25061
degree of hazard and determine the risks of the different classes 25062
according to the categories the national council on compensation 25063
insurance establishes that are applicable to employers in this 25064
state;25065

       (2)(a) Fix the rates of premium of the risks of the classes 25066
based upon the total payroll in each of the classes of occupation 25067
or industry sufficiently large to provide a fund for the 25068
compensation provided for in this chapter and to maintain a state 25069
insurance fund from year to year. The administrator shall set the 25070
rates at a level that assures the solvency of the fund. Where the 25071
payroll cannot be obtained or, in the opinion of the 25072
administrator, is not an adequate measure for determining the 25073
premium to be paid for the degree of hazard, the administrator may 25074
determine the rates of premium upon such other basis, consistent 25075
with insurance principles, as is equitable in view of the degree 25076
of hazard, and whenever in this chapter reference is made to 25077
payroll or expenditure of wages with reference to fixing premiums, 25078
the reference shall be construed to have been made also to such 25079
other basis for fixing the rates of premium as the administrator 25080
may determine under this section.25081

       (b) If an employer elects to obtain other-states' coverage, 25082
including limited other-states' coverage, pursuant to section 25083
4123.292 of the Revised Code through either the administrator, if 25084
the administrator elects to offer such coverage, or an 25085
other-states' insurer, calculate the employer's premium for the 25086
state insurance fund in the same manner as otherwise required 25087
under division (A) of this section and section 4123.34 of the 25088
Revised Code, except that when the administrator determines the 25089
expenditure of wages, payroll, or both upon which to basemay 25090
establish in rule an alternative calculation of the employer's 25091
premium, the administrator shall use onlyto appropriately account 25092
for the expenditure of wages, payroll, or both attributable to the 25093
labor performed and services provided by that employer's employees 25094
when those employees performed labor and provided services in this 25095
state only and to which thein the other state or states for which 25096
the employer elects to secure other-states' coverage does not 25097
apply.25098

       (c) If an employer elects to obtain other-states' coverage 25099
pursuant to section 4123.292 of the Revised Code through an 25100
other-states' insurer, calculate the employer's premium for the 25101
state insurance fund in the same manner as otherwise required 25102
under division (A) of this section and section 4123.34 of the 25103
Revised Code, except that when the administrator determines the 25104
expenditure of wages, payroll, or both upon which to base the 25105
employer's premium, the administrator shall use only the 25106
expenditure of wages, payroll, or both attributable to the labor 25107
performed and services provided by that employer's employees when 25108
those employees performed labor and provided services in this 25109
state only and to which the other-states' coverage does not apply. 25110
The administrator may adopt rules setting forth the information 25111
that an employer electing to obtain other-states' coverage through 25112
an other-states' insurer shall report for purposes of determining 25113
the expenditure of wages, payroll, or both attributable to the 25114
labor performed and services provided in this state.25115

       (d) The administrator in setting or revising rates shall 25116
furnish to employers an adequate explanation of the basis for the 25117
rates set.25118

       (3) Develop and make available to employers who are paying 25119
premiums to the state insurance fund alternative premium plans. 25120
Alternative premium plans shall include retrospective rating 25121
plans. The administrator may make available plans under which an 25122
advanced deposit may be applied against a specified deductible 25123
amount per claim.25124

       (4)(a) Offer to insure the obligations of employers under 25125
this chapter under a plan that groups, for rating purposes, 25126
employers, and pools the risk of the employers within the group 25127
provided that the employers meet all of the following conditions:25128

       (i) All of the employers within the group are members of an 25129
organization that has been in existence for at least two years 25130
prior to the date of application for group coverage;25131

       (ii) The organization was formed for purposes other than that 25132
of obtaining group workers' compensation under this division;25133

       (iii) The employers' business in the organization is 25134
substantially similar such that the risks which are grouped are 25135
substantially homogeneous;25136

       (iv) The group of employers consists of at least one hundred 25137
members or the aggregate workers' compensation premiums of the 25138
members, as determined by the administrator, are expected25139
estimated to exceed one hundred fifty thousand dollars during the 25140
coverage period;25141

       (v) The formation and operation of the group program in the 25142
organization will substantially improve accident prevention and 25143
claims handling for the employers in the group;25144

       (vi) Each employer seeking to enroll in a group for workers' 25145
compensation coverage has an industrial insurance account in good 25146
standing with the bureau of workers' compensation such that at the 25147
time the agreement is processed no outstanding premiums, 25148
penalties, or assessments are due from any of the employers. The 25149
administrator shall adopt rules setting forth the criteria by 25150
which the administrator will determine whether an employer's 25151
account is in good standing.25152

       (b) If an organization sponsors more than one employer group 25153
to participate in group plans established under this section, that 25154
organization may submit a single application that supplies all of 25155
the information necessary for each group of employers that the 25156
organization wishes to sponsor.25157

       (c) In providing employer group plans under division (A)(4) 25158
of this section, the administrator shall consider an employer 25159
group as a single employing entity for purposes of group rating. 25160
No employer may be a member of more than one group for the purpose 25161
of obtaining workers' compensation coverage under this division.25162

       (d) At the time the administrator revises premium rates 25163
pursuant to this section and section 4123.34 of the Revised Code, 25164
if the premium rate of an employer who participates in a group 25165
plan established under this section changes from the rate 25166
established for the previous year, the administrator, in addition 25167
to sending the invoice with the rate revision to that employer, 25168
shall send a copy of that invoice to the third-party administrator 25169
that administers the group plan for that employer's group.25170

       (e) In providing employer group plans under division (A)(4) 25171
of this section, the administrator shall establish a program 25172
designed to mitigate the impact of a significant claim that would 25173
come into the experience of a private, state fund group-rated 25174
employer or a taxing district employer for the first time and be a 25175
contributing factor in that employer being excluded from a 25176
group-rated plan. The administrator shall establish eligibility 25177
criteria and requirements that such employers must satisfy in 25178
order to participate in this program. For purposes of this 25179
program, the administrator shall establish a discount on premium 25180
rates applicable to employers who qualify for the program.25181

       (f) In no event shall division (A)(4) of this section be 25182
construed as granting to an employer status as a self-insuring 25183
employer.25184

       (g) The administrator shall develop classifications of 25185
occupations or industries that are sufficiently distinct so as not 25186
to group employers in classifications that unfairly represent the 25187
risks of employment with the employer.25188

       (5) Generally promote employer participation in the state 25189
insurance fund through the regular dissemination of information to 25190
all classes of employers describing the advantages and benefits of 25191
opting to make premium payments to the fund. To that end, the 25192
administrator shall regularly make employers aware of the various 25193
workers' compensation premium packages developed and offered 25194
pursuant to this section.25195

       (6) Make available to every employer who is paying premiums 25196
to the state insurance fund a program whereby the employer or the 25197
employer's agent pays to the claimant or on behalf of the claimant 25198
the first fifteen thousand dollars of a compensable workers' 25199
compensation medical-only claim filed by that claimant that is 25200
related to the same injury or occupational disease. No formal 25201
application is required; however, an employer must elect to 25202
participate by telephoning the bureau after July 1, 1995. Once an 25203
employer has elected to participate in the program, the employer 25204
will be responsible for all bills in all medical-only claims with 25205
a date of injury the same or later than the election date, unless 25206
the employer notifies the bureau within fourteen days of receipt 25207
of the notification of a claim being filed that it does not wish 25208
to pay the bills in that claim, or the employer notifies the 25209
bureau that the fifteen thousand dollar maximum has been paid, or 25210
the employer notifies the bureau of the last day of service on 25211
which it will be responsible for the bills in a particular 25212
medical-only claim. If an employer elects to enter the program, 25213
the administrator shall not reimburse the employer for such 25214
amounts paid and shall not charge the first fifteen thousand 25215
dollars of any medical-only claim paid by an employer to the 25216
employer's experience or otherwise use it in merit rating or 25217
determining the risks of any employer for the purpose of payment 25218
of premiums under this chapter. A certified health care provider 25219
shall extend to an employer who participates in this program the 25220
same rates for services rendered to an employee of that employer 25221
as the provider bills the administrator for the same type of 25222
medical claim processed by the bureau and shall not charge, 25223
assess, or otherwise attempt to collect from an employee any 25224
amount for covered services or supplies that is in excess of that 25225
rate. If an employer elects to enter the program and the employer 25226
fails to pay a bill for a medical-only claim included in the 25227
program, the employer shall be liable for that bill and the 25228
employee for whom the employer failed to pay the bill shall not be 25229
liable for that bill. The administrator shall adopt rules to 25230
implement and administer division (A)(6) of this section. Upon 25231
written request from the bureau, the employer shall provide 25232
documentation to the bureau of all medical-only bills that they 25233
are paying directly. Such requests from the bureau may not be made 25234
more frequently than on a semiannual basis. Failure to provide 25235
such documentation to the bureau within thirty days of receipt of 25236
the request may result in the employer's forfeiture of 25237
participation in the program for such injury. The provisions of 25238
this section shall not apply to claims in which an employer with 25239
knowledge of a claimed compensable injury or occupational disease, 25240
has paid wages in lieu of compensation or total disability.25241

        (B) The administrator, with the advice and consent of the 25242
board, by rule, may do both of the following:25243

       (1) Grant an employer who makespays the employer's 25244
semiannualannual estimated premium payment at least one monthin 25245
full prior to the last day on which the payment may be made 25246
without penaltystart of the policy year for which the estimated 25247
premium is due, a discount as the administrator fixes from time to 25248
time;25249

       (2) Levy a minimum annual administrative charge upon risks 25250
where semiannual premium reports develop a charge less than the 25251
administrator considers adequate to offset administrative costs of 25252
processing.25253

       Sec. 4123.291.  (A) An adjudicating committee appointed by 25254
the administrator of workers' compensation to hear any matter 25255
specified in divisions (B)(1) to (7) of this section shall hear 25256
the matter within sixty days of the date on which an employer 25257
files the request, protest, or petition. An employer desiring to 25258
file a request, protest, or petition regarding any matter 25259
specified in divisions (B)(1) to (7) of this section shall file 25260
the request, protest, or petition to the adjudicating committee on 25261
or before twenty-four months after the administrator sends notice 25262
of the determination about which the employer is filing the 25263
request, protest, or petition.25264

       (B) An employer who is adversely affected by a decision of an 25265
adjudicating committee appointed by the administrator may appeal 25266
the decision of the committee to the administrator or the 25267
administrator's designee. The employer shall file the appeal in 25268
writing within thirty days after the employer receives the 25269
decision of the adjudicating committee. The administrator or the 25270
designee shall hear the appeal and hold a hearing, provided that 25271
the decision of the adjudicating committee relates to one of the 25272
following:25273

       (1) An employer request for a waiver of a default in the 25274
payment of premiums pursuant to section 4123.37 of the Revised 25275
Code;25276

       (2) An employer request for the settlement of liability as a 25277
noncomplying employer under section 4123.75 of the Revised Code;25278

       (3) An employer petition objecting to thean assessment of a 25279
premiummade pursuant to section 4123.37 of the Revised Code and 25280
the rules adopted pursuant to that section;25281

       (4) An employer request for the abatement of penalties 25282
assessed pursuant to section 4123.32 of the Revised Code and the 25283
rules adopted pursuant to that section;25284

       (5) An employer protest relating to an audit finding or a 25285
determination of a manual classification, experience rating, or 25286
transfer or combination of risk experience;25287

       (6) Any decision relating to any other risk premium matter 25288
under Chapters 4121., 4123., and 4131. of the Revised Code;25289

       (7) An employer petition objecting to the amount of security 25290
required under division (D) of section 4125.05 of the Revised Code 25291
and the rules adopted pursuant to that section.25292

       (C) The bureau of workers' compensation board of directors, 25293
based upon recommendations of the workers' compensation actuarial 25294
committee, shall establish the policy for all adjudicating 25295
committee procedures, including, but not limited to, specific 25296
criteria for manual premium rate adjustment.25297

       Sec. 4123.292. (A) Notwithstanding sections 4123.35 and 25298
4123.82 of the Revised Code, an employer may elect to obtain 25299
other-states' coverage through an other-states' insurer or, if the 25300
administrator of workers' compensation elects to offer such 25301
coverage, through the administrator pursuant to division (B) of 25302
this section. An employer who elects to obtain other-states' 25303
coverage shall submit a written notice to the administrator 25304
stating that election on a form prescribed by the administrator25305
and, if the employer elects to obtain that coverage through an 25306
other-states' insurer, the name of the other-states' insurer 25307
through whom the employer has obtained that coverage. If an 25308
employer fails to pay the employer's premium for other-states' 25309
coverage, the administrator shall consider the employer to be 25310
noncompliant for the purposes of having other-states' coverage but 25311
shall not consider the employer to be a noncomplying employer for 25312
purposes of this chapter or Chapter 4121., 4127., or 4131. of the 25313
Revised Code unless the employer otherwise fails to comply with25314
and the employer's premiums in this state for any and all 25315
noncompliant periods of time shall be calculated in the same 25316
manner as otherwise required under division (A) of section 4123.29 25317
and section 4123.354123.34 of the Revised Code, using both the 25318
wages reported in this state and the wages that the employer 25319
claimed would be reported to the other-states' insurer for 25320
securing coverage.25321

       (B) The administrator may secureoffer other-states' coverage 25322
to allow an employer who wishes to obtain other-states' coverage 25323
pursuant to this section and who elects to obtainsecure that 25324
coverage through the administrator for workers' compensation 25325
claims arising in a state or states other than this state. If the 25326
administrator elects to secure a vehicle through which the 25327
administrator will provide other-states' coverage, the 25328
administrator shall follow the competitive bidding requirements 25329
specified in Chapter 125. of the Revised Code to select one or 25330
more other-states' insurerinsurers, and the administrator, with 25331
the advice and consent of the bureau of workers' compensation 25332
board of directors, shall award thea contract to provide 25333
other-states' coverage for employers located in this state to the25334
one or more other-states' insurerinsurers that isare the lowest 25335
and best bidderbidders.25336

       (C) If the administrator elects to secure other-states' 25337
coverage pursuant to division (B) of this section, the 25338
administrator shall calculate an employer's premium for 25339
other-states' coverage provided through the administrator 25340
separately from calculating any other premiums or assessments 25341
charged under this chapter or Chapter 4121., 4127., or 4131. of 25342
the Revised Code. The administrator shall calculate the employer's 25343
other-states' coverage premium in the same manner the 25344
administrator calculates an employer's premium for the state 25345
insurance fund pursuant to division (A) of section 4123.29 and 25346
section 4123.34 of the Revised Code, except that, when calculating 25347
the employer's premium for other-states' coverage under this 25348
division, the administrator shall do all of the following:25349

       (1) Base the employer's other-states' coverage premium on the 25350
terms specified in the contract the administrator enters into with 25351
an insurance company pursuant to division (B) of this section;25352

       (2) When determining the expenditure of wages, payroll, or 25353
both upon which to base the employer's other-states' coverage 25354
premium, use only the amount of wages, payroll, or both the 25355
employer paid to the employer's employees for performing labor or 25356
providing services for the employer in a state or states other 25357
than this state;25358

       (3) Not take into account the amount of wages, payroll, or 25359
both the employer paid to the employer's employees for performing 25360
labor or providing services for the employer in this state or any 25361
compensation or benefits paid for claims covered by the state 25362
insurance fundNotwithstanding sections 4123.35 and 4123.82 of the 25363
Revised Code, the administrator may offer limited other-states' 25364
coverage to allow an employer who wishes to obtain limited 25365
other-states' coverage pursuant to this section. An employer who 25366
elects to obtain limited other-states' coverage shall submit a 25367
written notice to the administrator stating that election on a 25368
form prescribed by the administrator.25369

        If the administrator elects to secure a vehicle through which 25370
the administrator will provide limited other-states' coverage, the 25371
administrator shall follow the competitive bidding requirements 25372
specified in Chapter 125. of the Revised Code to select one or 25373
more other-states' insurers and, with the advice and consent of 25374
the board, award a contract to provide limited other-states' 25375
coverage to the lowest and best bidders.25376

       (D) If the administrator elects to secureoffer other states' 25377
coverage or limited other-states' coverage, the administrator, 25378
with the advice and consent of the board, shall adopt rules to 25379
implement divisions (B) and (C) of this section.25380

       (E) An other-states' insurer that provides other-states' 25381
coverage to an employer pursuant to this section shall do all of 25382
the following when calculating the employer's premium for that 25383
coverage:25384

       (1) When determining the amount of wages, payroll, or both 25385
upon which to base the employer's premium, use only the amount of 25386
wages, payroll, or both the employer paid to the employer's 25387
employees for performing labor or providing services for the 25388
employer in a state or states other than this state;25389

       (2) Not take into account the amount of wages, payroll, or 25390
both the employer paid to the employer's employees for performing 25391
labor or providing services for the employer in this state or any 25392
compensation or benefits paid for claims otherwise covered by this 25393
chapter or Chapter 4121., 4127., or 4131. of the Revised Code;25394

       (3) Take into account any other factors the other-states' 25395
insurer uses to calculate premiums for workers' compensation 25396
insurance.25397

       (F) The board and the individual members thereof, the 25398
administrator, and the bureau of workers' compensation shall not 25399
incur any obligation or liability if another state determines that 25400
the other-states' coverage or limited other-states' coverage25401
provided under this section does not satisfy the requirements 25402
specified in that state's workers' compensation law for obtaining 25403
workers' compensation coverage in that state.25404

       Sec. 4123.32.  The administrator of workers' compensation, 25405
with the advice and consent of the bureau of workers' compensation 25406
board of directors, shall adopt rules with respect to the 25407
collection, maintenance, and disbursements of the state insurance 25408
fund including all of the following:25409

       (A) A rule providing that the premium security deposit 25410
collected from any employer entitles the employer to the benefits 25411
of this chapter for the remainder of the six months and also for 25412
an additional adjustment period of two months, and, thereafter, if 25413
the employer pays the premium due at the close of any six-month 25414
period, coverage shall be extended for an additional eight-month 25415
period beginning from the end of the six-month period for which 25416
the employer pays the premium due;25417

       (B) A rule providing for ascertaining the correctness of any 25418
employer's report of estimated or actual expenditure of wages and 25419
the determination and adjustment of proper premiums and the 25420
payment of those premiums by the employer for or during any period 25421
less than eight months and notwithstanding any payment or 25422
determination of premium made when exceptional conditions or 25423
circumstances in the judgment of the administrator justify the 25424
action;25425

       (C)(B) Such special rules as the administrator considers 25426
necessary to safeguard the fund and that are just in the 25427
circumstances, covering the rates to be applied where one employer 25428
takes over the occupation or industry of another or where an 25429
employer first makes application for state insurance, and the 25430
administrator may require that if any employer transfers a 25431
business in whole or in part or otherwise reorganizes the 25432
business, the successor in interest shall assume, in proportion to 25433
the extent of the transfer, as determined by the administrator, 25434
the employer's account and shall continue the payment of all 25435
contributions due under this chapter;25436

       (D)(C) A rule providing that an employer who employs an 25437
employee covered under the federal "Longshore and Harbor Workers' 25438
Compensation Act," 98 Stat. 1639, 33 U.S.C. 901 et seq., and this 25439
chapter and Chapter 4121. of the Revised Code shall be assessed a 25440
premium in accordance with the expenditure of wages, payroll, or 25441
both attributable to only labor performed and services provided by 25442
such an employee when the employee performs labor and provides 25443
services for which the employee is not eligible to receive 25444
compensation and benefits under that federal act.25445

       (E)(D) A rule providing for all of the following:25446

       (1) If, within two months immediately after the expiration of 25447
the six-month period, an employer fails to file a report of the 25448
employer's actual payroll expenditures for the periodpursuant to 25449
section 4123.26 of the Revised Code for private employers or 25450
pursuant to section 4123.41 of the Revised Code for public 25451
employers, the premium found to beand assessments due from the 25452
employer for the period shall be calculated based on the estimated 25453
payroll of the employer used in calculating the estimated premium 25454
due, increased in an amount equal to one per cent of the premium, 25455
but the increase shall not be less than three nor more than 25456
fifteen dollarsby ten per cent;25457

       (2) The premium determined by the administrator to be due 25458
from an employer shall be payable on or before the end of the 25459
coverage period established by the premium security deposit, or 25460
within the time specified by the administrator if the period for 25461
which the advance premium has been paid is less than eight months.25462
(a) If an employer fails to pay the premium or assessments when 25463
due for a policy year commencing prior to July 1, 2015, the 25464
administrator may add a late fee penalty of not more than thirty 25465
dollars to the premium plus an additional penalty amount as 25466
follows:25467

       (a)(i) For a premium from sixty-one to ninety days past due, 25468
the prime interest rate, multiplied by the premium due;25469

       (b)(ii) For a premium from ninety-one to one hundred twenty 25470
days past due, the prime interest rate plus two per cent, 25471
multiplied by the premium due;25472

       (c)(iii) For a premium from one hundred twenty-one to one 25473
hundred fifty days past due, the prime interest rate plus four per 25474
cent, multiplied by the premium due;25475

       (d)(iv) For a premium from one hundred fifty-one to one 25476
hundred eighty days past due, the prime interest rate plus six per 25477
cent, multiplied by the premium due;25478

       (e)(v) For a premium from one hundred eighty-one to two 25479
hundred ten days past due, the prime interest rate plus eight per 25480
cent, multiplied by the premium due;25481

       (f)(vi) For each additional thirty-day period or portion 25482
thereof that a premium remains past due after it has remained past 25483
due for more than two hundred ten days, the prime interest rate 25484
plus eight per cent, multiplied by the premium due.25485

       (b) For purposes of division (D)(2)(a) of this section, 25486
"prime interest rate" means the average bank prime rate, and the 25487
administrator shall determine the prime interest rate in the same 25488
manner as a county auditor determines the average bank prime rate 25489
under section 929.02 of the Revised Code.25490

       (c) If an employer fails to pay the premium or assessments 25491
when due for a policy year commencing on or after July 1, 2015, 25492
the administrator may assess a penalty at the interest rate 25493
established by the state tax commissioner pursuant to section 25494
5703.47 of the Revised Code.25495

       (3) Notwithstanding the interest rates specified in division 25496
(E)(D)(2)(a) or (c) of this section, at no time shall the 25497
additional penalty amount assessed under division (E)(D)(2)(a) or 25498
(c) of this section exceed fifteen per cent of the premium due.25499

        (4) If an employer recognized by the administrator as a 25500
professional employer organization fails to make a timely payment 25501
of premiums or assessments as required by section 4123.35 of the 25502
Revised Code, the administrator shall revoke the professional 25503
employer organization's registration pursuant to section 4125.06 25504
of the Revised Code.25505

       (5) An employer may appeal a late fee penalty or additional 25506
penalty to an adjudicating committee pursuant to section 4123.291 25507
of the Revised Code.25508

       For purposes of division (E) of this section, "prime interest 25509
rate" means the average bank prime rate, and the administrator 25510
shall determine the prime interest rate in the same manner as a 25511
county auditor determines the average bank prime rate under 25512
section 929.02 of the Revised Code.25513

       (5)(6) If the employer files an appropriate payroll report,25514
within the time provided by law or within the time specified by 25515
the administrator if the period for which the employer paid an 25516
estimated premium is less than eight months, the employer shall 25517
not be in default and division (E)(D)(2) of this section shall not 25518
apply if the employer pays the premiums within fifteen days after 25519
being first notified by the administrator of the amount due.25520

       (6)(7) Any deficiencies in the amounts of the premium 25521
security deposit paid by an employer for any periodprior to July 25522
1, 2015, shall be subject to an interest charge of six per cent 25523
per annum from the date the premium obligation is incurred. In 25524
determining the interest due on deficiencies in premium security 25525
deposit payments, a charge in each case shall be made against the 25526
employer in an amount equal to interest at the rate of six per 25527
cent per annum on the premium security deposit due but remaining 25528
unpaid sixty days after notice by the administrator.25529

       (7)(8) Any interest charges or penalties provided for in 25530
divisions (E)(D)(2) and (6)(7) of this section shall be credited 25531
to the employer's account for rating purposes in the same manner 25532
as premiums.25533

       (F)(E) A rule providing that each employer, on the occasion 25534
of instituting coverage under this chapter for an effective date 25535
prior to July 1, 2015, shall submit a premium security deposit. 25536
The deposit shall be calculated equivalent to thirty per cent of 25537
the semiannual premium obligation of the employer based upon the 25538
employer's estimated expenditure for wages for the ensuing 25539
six-month period plus thirty per cent of an additional adjustment 25540
period of two months but only up to a maximum of one thousand 25541
dollars and not less than ten dollars. The administrator shall 25542
review the security deposit of every employer who has submitted a 25543
deposit which is less than the one-thousand-dollar maximum. The 25544
administrator may require any such employer to submit additional 25545
money up to the maximum of one thousand dollars that, in the 25546
administrator's opinion, reflects the employer's current payroll 25547
expenditure for an eight-month period.25548

       (G)(F) A rule providing that each employer, on the occasion 25549
of instituting coverage under this chapter, shall submit an 25550
application fee and an application for coverage that completely 25551
provides all of the information required for the administrator to 25552
establish coverage for that employer, and that the employer's 25553
failure to pay the application fee or to provide all of the 25554
information completelyrequested on the application may be grounds 25555
for the administrator to deny coverage for that employer.25556

       (H)(G) A rule providing that, in addition to any other 25557
remedies permitted in this chapter, the administrator may 25558
discontinue an employer's coverage if the employer fails to pay 25559
the premium due on or before the premium's due date.25560

       (I)(H) A rule providing that if after a final adjudication it 25561
is determined that an employer has failed to pay an obligation, 25562
billing, account, or assessment that is greater than one thousand 25563
dollars on or before its due date, the administrator may 25564
discontinue the employer's coverage in addition to any other 25565
remedies permitted in this chapter, and that the administrator 25566
shall not discontinue an employer's coverage pursuant to this 25567
division prior to a final adjudication regarding the employer's 25568
failure to pay such obligation, billing, account, or assessment on 25569
or before its due date.25570

       (J)(I) As used in divisions (G) and (H) and (I) of this 25571
section:25572

        (1) "Employer" has the same meaning as in division (B) of25573
section 4123.01 of the Revised Code except that "employer" does 25574
not include the state, a state hospital, or a state university or 25575
college.25576

        (2) "State university or college" has the same meaning as in 25577
section 3345.12 of the Revised Code and also includes the Ohio 25578
agricultural research and development center and OSU extension. 25579

        (3) "State hospital" means the Ohio state university hospital 25580
and its ancillary facilities and the medical university of Ohio at 25581
Toledo hospital.25582

       Sec. 4123.322. (A) Notwithstanding any provision to the 25583
contrary in section 4123.32 or 4123.41 of the Revised Code, the 25584
administrator of workers' compensation, with the advice and 25585
consent of the bureau of workers' compensation board of directors, 25586
may adopt rules with respect to the collection, maintenance, and 25587
disbursements of the state insurance fund to provide for a system 25588
of prospective payment of workers' compensation premiums. If the 25589
administrator elects to adopt rules establishing a prospective 25590
payment system, those rules shall include all of the following:25591

        (1) A requirement that, notwithstanding section 4123.26 of 25592
the Revised Code, on or before the thirtieth day of June of each 25593
year, or such other date as the administrator establishes, every 25594
employer mentioned in division (B)(2) of section 4123.01 of the 25595
Revised Code shall file with the bureau of workers' compensation 25596
an estimate of the employer's payroll for the immediately 25597
following twelve-month period or other period as the administrator 25598
establishes;25599

       (2) A requirement that upon an initial application for 25600
coverage, ana private employer mentioned in division (B)(2) of 25601
section 4123.01 of the Revised Code shall file with the 25602
application an estimate of the employer's payroll for the 25603
unexpired period from the date of application to the period ending 25604
on the following thirtieth day of June or other date as 25605
established by the administrator determines pursuant to division 25606
(A)(1) of this sectionrules the administrator adopts, and shall 25607
pay the amount the administrator determines by rule in order to 25608
establish coverage for the employer as described in division 25609
(B)(12) of section 4121.121 of the Revised Code;25610

       (3) A requirement that, notwithstanding section 4123.26 or 25611
4123.41 of the Revised Code, on or before the first day of January 25612
of each year, or such other date as the administrator establishes, 25613
every employer mentioned in division (B)(1) of section 4123.01 of 25614
the Revised Code, except for a state agency or a state university 25615
or college, shall file with the bureau an estimate of the 25616
employer's payroll for the immediately following twelve-month 25617
period or other period as the administrator establishes;25618

       (4)(2) A requirement that upon an initial application for 25619
coverage, ana public employer mentioned in division (B)(1) of 25620
section 4123.01 of the Revised Code, except for a state agency or 25621
state university or college, shall file with the application an 25622
estimate of the employer's payroll for the unexpired period from 25623
the date of application to the period ending on the following 25624
thirty-first day of December or other date as established by the 25625
administrator determines pursuant to division (A)(3) of this 25626
sectionrules the administrator adopts, and shall pay the amount 25627
the administrator determines by rule in order to establish 25628
coverage for the employer as described in division (B)(12) of 25629
section 4121.121 of the Revised Code;25630

        (5) The assessment of a penalty if an employer fails to 25631
timely file the estimates of payroll required by the rules adopted 25632
pursuant to this section;25633

       (6)(3) A requirement that an employer complete periodic 25634
payroll reports of actual expenditures for previous coverage 25635
periods for reconciliation with estimated payroll reports;25636

        (7)(4) The assessment of a penalty for late payroll 25637
reconciliation reports and for late payment of any reconciliation 25638
premium;25639

       (8)(5) The establishment of a transition period during which 25640
time the bureau shall determine the adequacy of existing premium 25641
security deposits of employers, the establishment of provisions 25642
for additional premium payments during that transition, the 25643
provision of a credit of those deposits toward the first premium 25644
due from an employer under the rules adopted under divisions 25645
(A)(1) to (7)(4) of this section, the provision of a transition 25646
credit for employers, and the establishment of penalties for late 25647
payment or failure to comply with the rules.25648

        (B) For purposes of division (A)(6)(3) of this section, an 25649
employer shall make timely payment of any premium owed when actual 25650
payroll expenditures exceeded estimated payroll, and the employer 25651
shall receive premium credit when the estimated payroll exceeded 25652
the actual payroll.25653

        (C) For purposes of division (A)(7)(4) of this section, if 25654
the employer's actual payroll substantially exceeds the estimated 25655
payroll, the administrator may assess additional penalties 25656
specified in rules the administrator adopts on the reconciliation 25657
premium.25658

        (D) As used in this section, "state university or college" 25659
has the same meaning as in section 4123.32 of the Revised Code.25660

       Sec. 4123.34.  It shall be the duty of the bureau of workers' 25661
compensation board of directors and the administrator of workers' 25662
compensation to safeguard and maintain the solvency of the state 25663
insurance fund and all other funds specified in this chapter and 25664
Chapters 4121., 4127., and 4131. of the Revised Code. The 25665
administrator, in the exercise of the powers and discretion 25666
conferred upon the administrator in section 4123.29 of the Revised 25667
Code, shall fix and maintain, with the advice and consent of the 25668
board, for each class of occupation or industry, the lowest 25669
possible rates of premium consistent with the maintenance of a 25670
solvent state insurance fund and the creation and maintenance of a 25671
reasonable surplus, after the payment of legitimate claims for 25672
injury, occupational disease, and death that the administrator 25673
authorizes to be paid from the state insurance fund for the 25674
benefit of injured, diseased, and the dependents of killed 25675
employees. In establishing rates, the administrator shall take 25676
into account the necessity of ensuring sufficient money is set 25677
aside in the premium payment security fund to cover any defaults 25678
in premium obligations. The administrator shall observe all of the 25679
following requirements in fixing the rates of premium for the 25680
risks of occupations or industries:25681

       (A) The administrator shall keep an accurate account of the 25682
money paid in premiums by each of the several classes of 25683
occupations or industries, and the losses on account of injuries, 25684
occupational disease, and death of employees thereof, and also 25685
keep an account of the money received from each individual 25686
employer and the amount of losses incurred against the state 25687
insurance fund on account of injuries, occupational disease, and 25688
death of the employees of the employer.25689

       (B) A portion of the money paid into the state insurance fund 25690
shall be set aside for the creation of a surplus fund account 25691
within the state insurance fund. Any references in this chapter or 25692
in Chapter 4121., 4125., 4127., or 4131. of the Revised Code to 25693
the surplus fund, the surplus created in this division, the 25694
statutory surplus fund, or the statutory surplus of the state 25695
insurance fund are hereby deemed to be references to the surplus 25696
fund account. The administrator may transfer the portion of the 25697
state insurance fund to the surplus fund account as the 25698
administrator determines is necessary to satisfy the needs of the 25699
surplus fund account and to guarantee the solvency of the state 25700
insurance fund and the surplus fund account. In addition to all 25701
statutory authority under this chapter and Chapter 4121. of the 25702
Revised Code, the administrator has discretionary and contingency 25703
authority to make charges to the surplus fund account. The 25704
administrator shall account for all charges, whether statutory, 25705
discretionary, or contingency, that the administrator may make to 25706
the surplus fund account. A revision of basic rates shall be made 25707
annually on the first day of July.25708

        Notwithstanding any provision of the law to the contrary, one 25709
hundred eighty days after the effective date on which 25710
self-insuring employers first may elect under division (D) of 25711
section 4121.66 of the Revised Code to directly pay for 25712
rehabilitation expenses, the administrator shall calculate the 25713
deficit, if any, in the portion of the surplus fund account that 25714
is used for reimbursement to self-insuring employers for all 25715
expenses other than handicapped reimbursement under section 25716
4123.343 of the Revised Code. The administrator, from time to 25717
time, may determine whether the surplus fund account has such a 25718
deficit and may assess all self-insuring employers who 25719
participated in the portion of the surplus fund account during the 25720
accrual of the deficit and who during that time period have not 25721
made the election under division (D) of section 4121.66 of the 25722
Revised Code the amount the administrator determines necessary to 25723
reduce the deficit.25724

       RevisionsFor policy years commencing prior to July 1, 2016, 25725
revisions of basic rates for private employers shall be in 25726
accordance with the oldest four of the last five calendar years of 25727
the combined accident and occupational disease experience of the 25728
administrator in the administration of this chapter, as shown by 25729
the accounts kept as provided in this section, excluding. For a 25730
policy year commencing on or after July 1, 2016, revisions of 25731
basic rates for private employers shall be in accordance with the 25732
oldest four of the last five policy years combined accident and 25733
occupational disease experience of the administrator in the 25734
administration of this chapter, as shown by the accounts kept as 25735
provided in this section.25736

       Revisions of basic rates for public employers shall be in 25737
accordance with the oldest four of the last five policy years of 25738
the combined accident and occupational disease experience of the 25739
administrator in the administration of this chapter, as shown by 25740
the accounts kept as provided in this section.25741

       In revising basic rates, the administrator shall exclude the 25742
experience of employers that are no longer active if the 25743
administrator determines that the inclusion of those employers 25744
would have a significant negative impact on the remainder of the 25745
employers in a particular manual classification; and the. The25746
administrator shall adopt rules, with the advice and consent of 25747
the board, governing rate revisions, the object of which shall be 25748
to make an equitable distribution of losses among the several 25749
classes of occupation or industry, which rules shall be general in 25750
their application.25751

       (C) The administrator may apply that form of rating system 25752
that the administrator finds is best calculated to merit rate or 25753
individually rate the risk more equitably, predicated upon the 25754
basis of its individual industrial accident and occupational 25755
disease experience, and may encourage and stimulate accident 25756
prevention. The administrator shall develop fixed and equitable 25757
rules controlling the rating system, which rules shall conserve to 25758
each risk the basic principles of workers' compensation insurance.25759

       (D) The administrator, from the money paid into the state 25760
insurance fund, shall set aside into an account of the state 25761
insurance fund titled a premium payment security fund sufficient 25762
money to pay for any premiums due from an employer and uncollected 25763
that are in excess of the employer's premium security deposit.25764

       The fund shall be in the custody of the treasurer of state. 25765
All investment earnings of the fund shall be deposited in the 25766
fund. Disbursements from the fund shall be made by the bureau of 25767
workers' compensation upon order of the administrator to the state 25768
insurance fund. The use of the moneys held by the premium payment 25769
security fund account is restricted to reimbursement to the state 25770
insurance fund of premiums due and uncollected in excess of an 25771
employer's premium security deposit. The moneys constituting the 25772
premium payment security fund shall be maintained without regard 25773
to or reliance upon any other fund. This section does not prevent 25774
the deposit or investment of the premium payment security fund 25775
with any other fund created by this chapter, but the premium 25776
payment security fund is separate and distinct for every other 25777
purpose and a strict accounting thereof shall be maintained.25778

       (E) The administrator may grant discounts on premium rates 25779
for employers who meet either of the following requirements:25780

       (1) Have not incurred a compensable injury for one year or 25781
more and who maintain an employee safety committee or similar 25782
organization or make periodic safety inspections of the workplace.25783

       (2) Successfully complete a loss prevention program 25784
prescribed by the superintendent of the division of safety and 25785
hygiene and conducted by the division or by any other person 25786
approved by the superintendent.25787

       (F)(1) In determining the premium rates for the construction 25788
industry the administrator shall calculate the employers' premiums 25789
based upon the actual remuneration construction industry employees 25790
receive from construction industry employers, provided that the 25791
amount of remuneration the administrator uses in calculating the 25792
premiums shall not exceed an average weekly wage equal to one 25793
hundred fifty per cent of the statewide average weekly wage as 25794
defined in division (C) of section 4123.62 of the Revised Code.25795

       (2) Division (F)(1) of this section shall not be construed as 25796
affecting the manner in which benefits to a claimant are awarded 25797
under this chapter.25798

       (3) As used in division (F) of this section, "construction 25799
industry" includes any activity performed in connection with the 25800
erection, alteration, repair, replacement, renovation, 25801
installation, or demolition of any building, structure, highway, 25802
or bridge.25803

       (G) The administrator of workers' compensation shall not 25804
place a limit on the length of time that an employer may 25805
participate in the bureau of workers' compensation drug free 25806
workplace and workplace safety programs.25807

       Sec. 4123.35.  (A) Except as provided in this section, and 25808
until the policy year commencing July 1, 2015, every private25809
employer mentioned in division (B)(2) of section 4123.01 of the 25810
Revised Code, and every publicly owned utility shall pay 25811
semiannually in the months of January and July into the state 25812
insurance fund the amount of annual premium the administrator of 25813
workers' compensation fixes for the employment or occupation of 25814
the employer, the amount of which premium to be paid by each 25815
employer to be determined by the classifications, rules, and rates 25816
made and published by the administrator. The employer shall pay 25817
semiannually a further sum of money into the state insurance fund 25818
as may be ascertained to be due from the employer by applying the 25819
rules of the administrator, and a.25820

       Except as otherwise provided in this section, for a policy 25821
year commencing on or after July 1, 2015, every private employer 25822
and every publicly owned utility shall pay annually in the month 25823
of June immediately preceding the policy year into the state 25824
insurance fund the amount of estimated annual premium the 25825
administrator fixes for the employment or occupation of the 25826
employer, the amount of which estimated premium to be paid by each 25827
employer to be determined by the classifications, rules, and rates 25828
made and published by the administrator. The employer shall pay a 25829
further sum of money into the state insurance fund as may be 25830
ascertained to be due from the employer by applying the rules of 25831
the administrator. Upon receipt of the payroll report required by 25832
division (B) of section 4123.26 of the Revised Code, the 25833
administrator shall adjust the premium and assessments charged to 25834
each employer for the difference between estimated gross payrolls 25835
and actual gross payrolls, and any balance due to the 25836
administrator shall be immediately paid by the employer. Any 25837
balance due the employer shall be credited to the employer's 25838
account.25839

       For a policy year commencing on or after July 1, 2015, each 25840
employer that is recognized by the administrator as a professional 25841
employer organization shall pay monthly into the state insurance 25842
fund the amount of premium the administrator fixes for the 25843
employer for the prior month based on the actual payroll of the 25844
employer reported pursuant to division (C) of section 4123.26 of 25845
the Revised Code.25846

       A receipt or certificate certifying that payment has been 25847
made, along with a written notice as is required in section 25848
4123.54 of the Revised Code, shall be mailed immediatelyissued25849
to the employer by the bureau of workers' compensation. The 25850
receipt or certificate is prima-facie evidence of the payment of 25851
the premium, and the proper. The administrator shall provide each 25852
employer written proof of workers' compensation coverage as is 25853
required in section 4123.83 of the Revised Code. Proper posting of 25854
the notice constitutes the employer's compliance with the notice 25855
requirement mandated in section 4123.544123.83 of the Revised 25856
Code.25857

       If the administrator adopts rules to establish a prospective 25858
payment of premium under section 4123.322 of the Revised Code, 25859
every employer mentioned in division (B)(2) of section 4123.01 of 25860
the Revised Code and every publicly owned utility shall pay into 25861
the state insurance fund the amount of premium the administrator 25862
fixes for the employment or occupation of the employer, the amount 25863
of which premium to be paid by each employer to be determined by 25864
the classifications, rules, and rates made and published by the 25865
administrator and based upon the estimates and reconciliations 25866
required by the rules the administrator adopts under section 25867
4123.322 of the Revised Code.25868

       The bureau of workers' compensation shall verify with the 25869
secretary of state the existence of all corporations and 25870
organizations making application for workers' compensation 25871
coverage and shall require every such application to include the 25872
employer's federal identification number.25873

       AnA private employer as defined in division (B)(2) of 25874
section 4123.01 of the Revised Code who has contracted with a 25875
subcontractor is liable for the unpaid premium due from any 25876
subcontractor with respect to that part of the payroll of the 25877
subcontractor that is for work performed pursuant to the contract 25878
with the employer.25879

       Division (A) of this section providing for the payment of 25880
premiums semiannually does not apply to any employer who was a 25881
subscriber to the state insurance fund prior to January 1, 1914, 25882
or, until July 1, 2015, who may first become a subscriber to the 25883
fund in any month other than January or July. Instead, the 25884
semiannual premiums shall be paid by those employers from time to 25885
time upon the expiration of the respective periods for which 25886
payments into the fund have been made by them. After July 1, 2015, 25887
an employer who first becomes a subscriber to the fund on any day 25888
other than the first day of July shall pay premiums according to 25889
rules adopted by the administrator, with the advice and consent of 25890
the bureau of workers' compensation board of directors, for the 25891
remainder of the policy year for which the coverage is effective.25892

       The administrator, with the advice and consent of the board,25893
shall adopt rules to permit employers to make periodic payments of 25894
the semiannual premium and assessment due under this division. The 25895
rules shall include provisions for the assessment of interest 25896
charges, where appropriate, and for the assessment of penalties 25897
when an employer fails to make timely premium payments. The 25898
administrator, in the rules the administrator adopts, may set an 25899
administrative fee for these periodic payments. An employer who 25900
timely pays the amounts due under this division is entitled to all 25901
of the benefits and protections of this chapter. Upon receipt of 25902
payment, the bureau immediately shall mailissue a receipt or 25903
certificate to the employer certifying that payment has been made, 25904
which receipt is prima-facie evidence of payment. Workers' 25905
compensation coverage under this chapter continues uninterrupted 25906
upon timely receipt of payment under this division.25907

       Every public employer, except public employers that are 25908
self-insuring employers under this section, shall comply with 25909
sections 4123.38 to 4123.41, and 4123.48 of the Revised Code in 25910
regard to the contribution of moneys to the public insurance fund.25911

       (B) Employers who will abide by the rules of the 25912
administrator and who may be of sufficient financial ability to 25913
render certain the payment of compensation to injured employees or 25914
the dependents of killed employees, and the furnishing of medical, 25915
surgical, nursing, and hospital attention and services and 25916
medicines, and funeral expenses, equal to or greater than is 25917
provided for in sections 4123.52, 4123.55 to 4123.62, and 4123.64 25918
to 4123.67 of the Revised Code, and who do not desire to insure 25919
the payment thereof or indemnify themselves against loss sustained 25920
by the direct payment thereof, upon a finding of such facts by the 25921
administrator, may be granted the privilege to pay individually 25922
compensation, and furnish medical, surgical, nursing, and hospital 25923
services and attention and funeral expenses directly to injured 25924
employees or the dependents of killed employees, thereby being 25925
granted status as a self-insuring employer. The administrator may 25926
charge employers who apply for the status as a self-insuring 25927
employer a reasonable application fee to cover the bureau's costs 25928
in connection with processing and making a determination with 25929
respect to an application.25930

       All employers granted status as self-insuring employers shall 25931
demonstrate sufficient financial and administrative ability to 25932
assure that all obligations under this section are promptly met. 25933
The administrator shall deny the privilege where the employer is 25934
unable to demonstrate the employer's ability to promptly meet all 25935
the obligations imposed on the employer by this section.25936

       (1) The administrator shall consider, but is not limited to, 25937
the following factors, where applicable, in determining the 25938
employer's ability to meet all of the obligations imposed on the 25939
employer by this section:25940

       (a) The employer employs a minimum of five hundred employees 25941
in this state;25942

       (b) The employer has operated in this state for a minimum of 25943
two years, provided that an employer who has purchased, acquired, 25944
or otherwise succeeded to the operation of a business, or any part 25945
thereof, situated in this state that has operated for at least two 25946
years in this state, also shall qualify;25947

       (c) Where the employer previously contributed to the state 25948
insurance fund or is a successor employer as defined by bureau 25949
rules, the amount of the buyout, as defined by bureau rules;25950

       (d) The sufficiency of the employer's assets located in this 25951
state to insure the employer's solvency in paying compensation 25952
directly;25953

       (e) The financial records, documents, and data, certified by 25954
a certified public accountant, necessary to provide the employer's 25955
full financial disclosure. The records, documents, and data 25956
include, but are not limited to, balance sheets and profit and 25957
loss history for the current year and previous four years.25958

       (f) The employer's organizational plan for the administration 25959
of the workers' compensation law;25960

       (g) The employer's proposed plan to inform employees of the 25961
change from a state fund insurer to a self-insuring employer, the 25962
procedures the employer will follow as a self-insuring employer, 25963
and the employees' rights to compensation and benefits; and25964

       (h) The employer has either an account in a financial 25965
institution in this state, or if the employer maintains an account 25966
with a financial institution outside this state, ensures that 25967
workers' compensation checks are drawn from the same account as 25968
payroll checks or the employer clearly indicates that payment will 25969
be honored by a financial institution in this state.25970

       The administrator may waive the requirements of divisions 25971
(B)(1)(a) and (b) of this section and the requirement of division 25972
(B)(1)(e) of this section that the financial records, documents, 25973
and data be certified by a certified public accountant. The 25974
administrator shall adopt rules establishing the criteria that an 25975
employer shall meet in order for the administrator to waive the 25976
requirements of divisions (B)(1)(a), (b), and (e) of this section. 25977
Such rules may require additional security of that employer 25978
pursuant to division (E) of section 4123.351 of the Revised Code.25979

       The administrator shall not grant the status of self-insuring 25980
employer to the state, except that the administrator may grant the 25981
status of self-insuring employer to a state institution of higher 25982
education, including its hospitals, that meets the requirements of 25983
division (B)(2) of this section.25984

       (2) When considering the application of a public employer, 25985
except for a board of county commissioners described in division 25986
(G) of section 4123.01 of the Revised Code, a board of a county 25987
hospital, or a publicly owned utility, the administrator shall 25988
verify that the public employer satisfies all of the following 25989
requirements as the requirements apply to that public employer:25990

       (a) For the two-year period preceding application under this 25991
section, the public employer has maintained an unvoted debt 25992
capacity equal to at least two times the amount of the current 25993
annual premium established by the administrator under this chapter 25994
for that public employer for the year immediately preceding the 25995
year in which the public employer makes application under this 25996
section.25997

       (b) For each of the two fiscal years preceding application 25998
under this section, the unreserved and undesignated year-end fund 25999
balance in the public employer's general fund is equal to at least 26000
five per cent of the public employer's general fund revenues for 26001
the fiscal year computed in accordance with generally accepted 26002
accounting principles.26003

       (c) For the five-year period preceding application under this 26004
section, the public employer, to the extent applicable, has 26005
complied fully with the continuing disclosure requirements 26006
established in rules adopted by the United States securities and 26007
exchange commission under 17 C.F.R. 240.15c 2-12.26008

       (d) For the five-year period preceding application under this 26009
section, the public employer has not had its local government fund 26010
distribution withheld on account of the public employer being 26011
indebted or otherwise obligated to the state.26012

       (e) For the five-year period preceding application under this 26013
section, the public employer has not been under a fiscal watch or 26014
fiscal emergency pursuant to section 118.023, 118.04, or 3316.03 26015
of the Revised Code.26016

       (f) For the public employer's fiscal year preceding 26017
application under this section, the public employer has obtained 26018
an annual financial audit as required under section 117.10 of the 26019
Revised Code, which has been released by the auditor of state 26020
within seven months after the end of the public employer's fiscal 26021
year.26022

       (g) On the date of application, the public employer holds a 26023
debt rating of Aa3 or higher according to Moody's investors 26024
service, inc., or a comparable rating by an independent rating 26025
agency similar to Moody's investors service, inc.26026

       (h) The public employer agrees to generate an annual 26027
accumulating book reserve in its financial statements reflecting 26028
an actuarially generated reserve adequate to pay projected claims 26029
under this chapter for the applicable period of time, as 26030
determined by the administrator.26031

       (i) For a public employer that is a hospital, the public 26032
employer shall submit audited financial statements showing the 26033
hospital's overall liquidity characteristics, and the 26034
administrator shall determine, on an individual basis, whether the 26035
public employer satisfies liquidity standards equivalent to the 26036
liquidity standards of other public employers.26037

       (j) Any additional criteria that the administrator adopts by 26038
rule pursuant to division (E) of this section.26039

       The administrator may adopt rules establishing the criteria 26040
that a public employer shall satisfy in order for the 26041
administrator to waive any of the requirements listed in divisions 26042
(B)(2)(a) to (j) of this section. The rules may require additional 26043
security from that employer pursuant to division (E) of section 26044
4123.351 of the Revised Code. The administrator shall not waive 26045
any of the requirements listed in divisions (B)(2)(a) to (j) of 26046
this section for a public employer who does not satisfy the 26047
criteria established in the rules the administrator adopts.26048

       (C) A board of county commissioners described in division (G) 26049
of section 4123.01 of the Revised Code, as an employer, that will 26050
abide by the rules of the administrator and that may be of 26051
sufficient financial ability to render certain the payment of 26052
compensation to injured employees or the dependents of killed 26053
employees, and the furnishing of medical, surgical, nursing, and 26054
hospital attention and services and medicines, and funeral 26055
expenses, equal to or greater than is provided for in sections 26056
4123.52, 4123.55 to 4123.62, and 4123.64 to 4123.67 of the Revised 26057
Code, and that does not desire to insure the payment thereof or 26058
indemnify itself against loss sustained by the direct payment 26059
thereof, upon a finding of such facts by the administrator, may be 26060
granted the privilege to pay individually compensation, and 26061
furnish medical, surgical, nursing, and hospital services and 26062
attention and funeral expenses directly to injured employees or 26063
the dependents of killed employees, thereby being granted status 26064
as a self-insuring employer. The administrator may charge a board 26065
of county commissioners described in division (G) of section 26066
4123.01 of the Revised Code that applies for the status as a 26067
self-insuring employer a reasonable application fee to cover the 26068
bureau's costs in connection with processing and making a 26069
determination with respect to an application. All employers 26070
granted such status shall demonstrate sufficient financial and 26071
administrative ability to assure that all obligations under this 26072
section are promptly met. The administrator shall deny the 26073
privilege where the employer is unable to demonstrate the 26074
employer's ability to promptly meet all the obligations imposed on 26075
the employer by this section. The administrator shall consider, 26076
but is not limited to, the following factors, where applicable, in 26077
determining the employer's ability to meet all of the obligations 26078
imposed on the board as an employer by this section:26079

       (1) The board as an employer employs a minimum of five 26080
hundred employees in this state;26081

       (2) The board has operated in this state for a minimum of two 26082
years;26083

       (3) Where the board previously contributed to the state 26084
insurance fund or is a successor employer as defined by bureau 26085
rules, the amount of the buyout, as defined by bureau rules;26086

       (4) The sufficiency of the board's assets located in this 26087
state to insure the board's solvency in paying compensation 26088
directly;26089

       (5) The financial records, documents, and data, certified by 26090
a certified public accountant, necessary to provide the board's 26091
full financial disclosure. The records, documents, and data 26092
include, but are not limited to, balance sheets and profit and 26093
loss history for the current year and previous four years.26094

       (6) The board's organizational plan for the administration of 26095
the workers' compensation law;26096

       (7) The board's proposed plan to inform employees of the 26097
proposed self-insurance, the procedures the board will follow as a 26098
self-insuring employer, and the employees' rights to compensation 26099
and benefits;26100

       (8) The board has either an account in a financial 26101
institution in this state, or if the board maintains an account 26102
with a financial institution outside this state, ensures that 26103
workers' compensation checks are drawn from the same account as 26104
payroll checks or the board clearly indicates that payment will be 26105
honored by a financial institution in this state;26106

       (9) The board shall provide the administrator a surety bond 26107
in an amount equal to one hundred twenty-five per cent of the 26108
projected losses as determined by the administrator.26109

       (D) The administrator shall require a surety bond from all 26110
self-insuring employers, issued pursuant to section 4123.351 of 26111
the Revised Code, that is sufficient to compel, or secure to 26112
injured employees, or to the dependents of employees killed, the 26113
payment of compensation and expenses, which shall in no event be 26114
less than that paid or furnished out of the state insurance fund 26115
in similar cases to injured employees or to dependents of killed 26116
employees whose employers contribute to the fund, except when an 26117
employee of the employer, who has suffered the loss of a hand, 26118
arm, foot, leg, or eye prior to the injury for which compensation 26119
is to be paid, and thereafter suffers the loss of any other of the 26120
members as the result of any injury sustained in the course of and 26121
arising out of the employee's employment, the compensation to be 26122
paid by the self-insuring employer is limited to the disability 26123
suffered in the subsequent injury, additional compensation, if 26124
any, to be paid by the bureau out of the surplus created by 26125
section 4123.34 of the Revised Code.26126

       (E) In addition to the requirements of this section, the 26127
administrator shall make and publish rules governing the manner of 26128
making application and the nature and extent of the proof required 26129
to justify a finding of fact by the administrator as to granting 26130
the status of a self-insuring employer, which rules shall be 26131
general in their application, one of which rules shall provide 26132
that all self-insuring employers shall pay into the state 26133
insurance fund such amounts as are required to be credited to the 26134
surplus fund in division (B) of section 4123.34 of the Revised 26135
Code. The administrator may adopt rules establishing requirements 26136
in addition to the requirements described in division (B)(2) of 26137
this section that a public employer shall meet in order to qualify 26138
for self-insuring status.26139

       Employers shall secure directly from the bureau central 26140
offices application forms upon which the bureau shall stamp a 26141
designating number. Prior to submission of an application, an 26142
employer shall make available to the bureau, and the bureau shall 26143
review, the information described in division (B)(1) of this 26144
section, and public employers shall make available, and the bureau 26145
shall review, the information necessary to verify whether the 26146
public employer meets the requirements listed in division (B)(2) 26147
of this section. An employer shall file the completed application 26148
forms with an application fee, which shall cover the costs of 26149
processing the application, as established by the administrator, 26150
by rule, with the bureau at least ninety days prior to the 26151
effective date of the employer's new status as a self-insuring 26152
employer. The application form is not deemed complete until all 26153
the required information is attached thereto. The bureau shall 26154
only accept applications that contain the required information.26155

       (F) The bureau shall review completed applications within a 26156
reasonable time. If the bureau determines to grant an employer the 26157
status as a self-insuring employer, the bureau shall issue a 26158
statement, containing its findings of fact, that is prepared by 26159
the bureau and signed by the administrator. If the bureau 26160
determines not to grant the status as a self-insuring employer, 26161
the bureau shall notify the employer of the determination and 26162
require the employer to continue to pay its full premium into the 26163
state insurance fund. The administrator also shall adopt rules 26164
establishing a minimum level of performance as a criterion for 26165
granting and maintaining the status as a self-insuring employer 26166
and fixing time limits beyond which failure of the self-insuring 26167
employer to provide for the necessary medical examinations and 26168
evaluations may not delay a decision on a claim.26169

       (G) The administrator shall adopt rules setting forth 26170
procedures for auditing the program of self-insuring employers. 26171
The bureau shall conduct the audit upon a random basis or whenever 26172
the bureau has grounds for believing that a self-insuring employer 26173
is not in full compliance with bureau rules or this chapter.26174

       The administrator shall monitor the programs conducted by 26175
self-insuring employers, to ensure compliance with bureau 26176
requirements and for that purpose, shall develop and issue to 26177
self-insuring employers standardized forms for use by the 26178
self-insuring employer in all aspects of the self-insuring 26179
employers' direct compensation program and for reporting of 26180
information to the bureau.26181

       The bureau shall receive and transmit to the self-insuring 26182
employer all complaints concerning any self-insuring employer. In 26183
the case of a complaint against a self-insuring employer, the 26184
administrator shall handle the complaint through the 26185
self-insurance division of the bureau. The bureau shall maintain a 26186
file by employer of all complaints received that relate to the 26187
employer. The bureau shall evaluate each complaint and take 26188
appropriate action.26189

       The administrator shall adopt as a rule a prohibition against 26190
any self-insuring employer from harassing, dismissing, or 26191
otherwise disciplining any employee making a complaint, which rule 26192
shall provide for a financial penalty to be levied by the 26193
administrator payable by the offending self-insuring employer.26194

       (H) For the purpose of making determinations as to whether to 26195
grant status as a self-insuring employer, the administrator may 26196
subscribe to and pay for a credit reporting service that offers 26197
financial and other business information about individual 26198
employers. The costs in connection with the bureau's subscription 26199
or individual reports from the service about an applicant may be 26200
included in the application fee charged employers under this 26201
section.26202

       (I) The administrator, notwithstanding other provisions of 26203
this chapter, may permit a self-insuring employer to resume 26204
payment of premiums to the state insurance fund with appropriate 26205
credit modifications to the employer's basic premium rate as such 26206
rate is determined pursuant to section 4123.29 of the Revised 26207
Code.26208

       (J) On the first day of July of each year, the administrator 26209
shall calculate separately each self-insuring employer's 26210
assessments for the safety and hygiene fund, administrative costs 26211
pursuant to section 4123.342 of the Revised Code, and for the 26212
portion of the surplus fund under division (B) of section 4123.34 26213
of the Revised Code that is not used for handicapped 26214
reimbursement, on the basis of the paid compensation attributable 26215
to the individual self-insuring employer according to the 26216
following calculation:26217

       (1) The total assessment against all self-insuring employers 26218
as a class for each fund and for the administrative costs for the 26219
year that the assessment is being made, as determined by the 26220
administrator, divided by the total amount of paid compensation 26221
for the previous calendar year attributable to all amenable 26222
self-insuring employers;26223

       (2) Multiply the quotient in division (J)(1) of this section 26224
by the total amount of paid compensation for the previous calendar 26225
year that is attributable to the individual self-insuring employer 26226
for whom the assessment is being determined. Each self-insuring 26227
employer shall pay the assessment that results from this 26228
calculation, unless the assessment resulting from this calculation 26229
falls below a minimum assessment, which minimum assessment the 26230
administrator shall determine on the first day of July of each 26231
year with the advice and consent of the bureau of workers' 26232
compensation board of directors, in which event, the self-insuring 26233
employer shall pay the minimum assessment.26234

       In determining the total amount due for the total assessment 26235
against all self-insuring employers as a class for each fund and 26236
the administrative assessment, the administrator shall reduce 26237
proportionately the total for each fund and assessment by the 26238
amount of money in the self-insurance assessment fund as of the 26239
date of the computation of the assessment.26240

       The administrator shall calculate the assessment for the 26241
portion of the surplus fund under division (B) of section 4123.34 26242
of the Revised Code that is used for handicapped reimbursement in 26243
the same manner as set forth in divisions (J)(1) and (2) of this 26244
section except that the administrator shall calculate the total 26245
assessment for this portion of the surplus fund only on the basis 26246
of those self-insuring employers that retain participation in the 26247
handicapped reimbursement program and the individual self-insuring 26248
employer's proportion of paid compensation shall be calculated 26249
only for those self-insuring employers who retain participation in 26250
the handicapped reimbursement program. The administrator, as the 26251
administrator determines appropriate, may determine the total 26252
assessment for the handicapped portion of the surplus fund in 26253
accordance with sound actuarial principles.26254

       The administrator shall calculate the assessment for the 26255
portion of the surplus fund under division (B) of section 4123.34 26256
of the Revised Code that under division (D) of section 4121.66 of 26257
the Revised Code is used for rehabilitation costs in the same 26258
manner as set forth in divisions (J)(1) and (2) of this section, 26259
except that the administrator shall calculate the total assessment 26260
for this portion of the surplus fund only on the basis of those 26261
self-insuring employers who have not made the election to make 26262
payments directly under division (D) of section 4121.66 of the 26263
Revised Code and an individual self-insuring employer's proportion 26264
of paid compensation only for those self-insuring employers who 26265
have not made that election.26266

       The administrator shall calculate the assessment for the 26267
portion of the surplus fund under division (B) of section 4123.34 26268
of the Revised Code that is used for reimbursement to a 26269
self-insuring employer under division (H) of section 4123.512 of 26270
the Revised Code in the same manner as set forth in divisions 26271
(J)(1) and (2) of this section except that the administrator shall 26272
calculate the total assessment for this portion of the surplus 26273
fund only on the basis of those self-insuring employers that 26274
retain participation in reimbursement to the self-insuring 26275
employer under division (H) of section 4123.512 of the Revised 26276
Code and the individual self-insuring employer's proportion of 26277
paid compensation shall be calculated only for those self-insuring 26278
employers who retain participation in reimbursement to the 26279
self-insuring employer under division (H) of section 4123.512 of 26280
the Revised Code.26281

       An employer who no longer is a self-insuring employer in this 26282
state or who no longer is operating in this state, shall continue 26283
to pay assessments for administrative costs and for the portion of 26284
the surplus fund under division (B) of section 4123.34 of the 26285
Revised Code that is not used for handicapped reimbursement, based 26286
upon paid compensation attributable to claims that occurred while 26287
the employer was a self-insuring employer within this state.26288

       (K) There is hereby created in the state treasury the 26289
self-insurance assessment fund. All investment earnings of the 26290
fund shall be deposited in the fund. The administrator shall use 26291
the money in the self-insurance assessment fund only for 26292
administrative costs as specified in section 4123.341 of the 26293
Revised Code.26294

       (L) Every self-insuring employer shall certify, in affidavit 26295
form subject to the penalty for perjury, to the bureau the amount 26296
of the self-insuring employer's paid compensation for the previous 26297
calendar year. In reporting paid compensation paid for the 26298
previous year, a self-insuring employer shall exclude from the 26299
total amount of paid compensation any reimbursement the 26300
self-insuring employer receives in the previous calendar year from 26301
the surplus fund pursuant to section 4123.512 of the Revised Code 26302
for any paid compensation. The self-insuring employer also shall 26303
exclude from the paid compensation reported any amount recovered 26304
under section 4123.931 of the Revised Code and any amount that is 26305
determined not to have been payable to or on behalf of a claimant 26306
in any final administrative or judicial proceeding. The 26307
self-insuring employer shall exclude such amounts from the paid 26308
compensation reported in the reporting period subsequent to the 26309
date the determination is made. The administrator shall adopt 26310
rules, in accordance with Chapter 119. of the Revised Code, that 26311
provide for all of the following:26312

       (1) Establishing the date by which self-insuring employers 26313
must submit such information and the amount of the assessments 26314
provided for in division (J) of this section for employers who 26315
have been granted self-insuring status within the last calendar 26316
year;26317

       (2) If an employer fails to pay the assessment when due, the 26318
administrator may add a late fee penalty of not more than five 26319
hundred dollars to the assessment plus an additional penalty 26320
amount as follows:26321

       (a) For an assessment from sixty-one to ninety days past due, 26322
the prime interest rate, multiplied by the assessment due;26323

       (b) For an assessment from ninety-one to one hundred twenty 26324
days past due, the prime interest rate plus two per cent, 26325
multiplied by the assessment due;26326

       (c) For an assessment from one hundred twenty-one to one 26327
hundred fifty days past due, the prime interest rate plus four per 26328
cent, multiplied by the assessment due;26329

       (d) For an assessment from one hundred fifty-one to one 26330
hundred eighty days past due, the prime interest rate plus six per 26331
cent, multiplied by the assessment due;26332

       (e) For an assessment from one hundred eighty-one to two 26333
hundred ten days past due, the prime interest rate plus eight per 26334
cent, multiplied by the assessment due;26335

       (f) For each additional thirty-day period or portion thereof 26336
that an assessment remains past due after it has remained past due 26337
for more than two hundred ten days, the prime interest rate plus 26338
eight per cent, multiplied by the assessment due.26339

        (3) An employer may appeal a late fee penalty and penalty 26340
assessment to the administrator.26341

        For purposes of division (L)(2) of this section, "prime 26342
interest rate" means the average bank prime rate, and the 26343
administrator shall determine the prime interest rate in the same 26344
manner as a county auditor determines the average bank prime rate 26345
under section 929.02 of the Revised Code.26346

       The administrator shall include any assessment and penalties 26347
that remain unpaid for previous assessment periods in the 26348
calculation and collection of any assessments due under this 26349
division or division (J) of this section.26350

       (M) As used in this section, "paid compensation" means all 26351
amounts paid by a self-insuring employer for living maintenance 26352
benefits, all amounts for compensation paid pursuant to sections 26353
4121.63, 4121.67, 4123.56, 4123.57, 4123.58, 4123.59, 4123.60, and 26354
4123.64 of the Revised Code, all amounts paid as wages in lieu of 26355
such compensation, all amounts paid in lieu of such compensation 26356
under a nonoccupational accident and sickness program fully funded 26357
by the self-insuring employer, and all amounts paid by a 26358
self-insuring employer for a violation of a specific safety 26359
standard pursuant to Section 35 of Article II, Ohio Constitution 26360
and section 4121.47 of the Revised Code.26361

       (N) Should any section of this chapter or Chapter 4121. of 26362
the Revised Code providing for self-insuring employers' 26363
assessments based upon compensation paid be declared 26364
unconstitutional by a final decision of any court, then that 26365
section of the Revised Code declared unconstitutional shall revert 26366
back to the section in existence prior to November 3, 1989, 26367
providing for assessments based upon payroll.26368

       (O) The administrator may grant a self-insuring employer the 26369
privilege to self-insure a construction project entered into by 26370
the self-insuring employer that is scheduled for completion within 26371
six years after the date the project begins, and the total cost of 26372
which is estimated to exceed one hundred million dollars or, for 26373
employers described in division (R) of this section, if the 26374
construction project is estimated to exceed twenty-five million 26375
dollars. The administrator may waive such cost and time criteria 26376
and grant a self-insuring employer the privilege to self-insure a 26377
construction project regardless of the time needed to complete the 26378
construction project and provided that the cost of the 26379
construction project is estimated to exceed fifty million dollars. 26380
A self-insuring employer who desires to self-insure a construction 26381
project shall submit to the administrator an application listing 26382
the dates the construction project is scheduled to begin and end, 26383
the estimated cost of the construction project, the contractors 26384
and subcontractors whose employees are to be self-insured by the 26385
self-insuring employer, the provisions of a safety program that is 26386
specifically designed for the construction project, and a 26387
statement as to whether a collective bargaining agreement 26388
governing the rights, duties, and obligations of each of the 26389
parties to the agreement with respect to the construction project 26390
exists between the self-insuring employer and a labor 26391
organization.26392

       A self-insuring employer may apply to self-insure the 26393
employees of either of the following:26394

       (1) All contractors and subcontractors who perform labor or 26395
work or provide materials for the construction project;26396

       (2) All contractors and, at the administrator's discretion, a 26397
substantial number of all the subcontractors who perform labor or 26398
work or provide materials for the construction project.26399

       Upon approval of the application, the administrator shall 26400
mail a certificate granting the privilege to self-insure the 26401
construction project to the self-insuring employer. The 26402
certificate shall contain the name of the self-insuring employer 26403
and the name, address, and telephone number of the self-insuring 26404
employer's representatives who are responsible for administering 26405
workers' compensation claims for the construction project. The 26406
self-insuring employer shall post the certificate in a conspicuous 26407
place at the site of the construction project.26408

       The administrator shall maintain a record of the contractors 26409
and subcontractors whose employees are covered under the 26410
certificate issued to the self-insured employer. A self-insuring 26411
employer immediately shall notify the administrator when any 26412
contractor or subcontractor is added or eliminated from inclusion 26413
under the certificate.26414

       Upon approval of the application, the self-insuring employer 26415
is responsible for the administration and payment of all claims 26416
under this chapter and Chapter 4121. of the Revised Code for the 26417
employees of the contractor and subcontractors covered under the 26418
certificate who receive injuries or are killed in the course of 26419
and arising out of employment on the construction project, or who 26420
contract an occupational disease in the course of employment on 26421
the construction project. For purposes of this chapter and Chapter 26422
4121. of the Revised Code, a claim that is administered and paid 26423
in accordance with this division is considered a claim against the 26424
self-insuring employer listed in the certificate. A contractor or 26425
subcontractor included under the certificate shall report to the 26426
self-insuring employer listed in the certificate, all claims that 26427
arise under this chapter and Chapter 4121. of the Revised Code in 26428
connection with the construction project for which the certificate 26429
is issued.26430

       A self-insuring employer who complies with this division is 26431
entitled to the protections provided under this chapter and 26432
Chapter 4121. of the Revised Code with respect to the employees of 26433
the contractors and subcontractors covered under a certificate 26434
issued under this division for death or injuries that arise out 26435
of, or death, injuries, or occupational diseases that arise in the 26436
course of, those employees' employment on that construction 26437
project, as if the employees were employees of the self-insuring 26438
employer, provided that the self-insuring employer also complies 26439
with this section. No employee of the contractors and 26440
subcontractors covered under a certificate issued under this 26441
division shall be considered the employee of the self-insuring 26442
employer listed in that certificate for any purposes other than 26443
this chapter and Chapter 4121. of the Revised Code. Nothing in 26444
this division gives a self-insuring employer authority to control 26445
the means, manner, or method of employment of the employees of the 26446
contractors and subcontractors covered under a certificate issued 26447
under this division.26448

       The contractors and subcontractors included under a 26449
certificate issued under this division are entitled to the 26450
protections provided under this chapter and Chapter 4121. of the 26451
Revised Code with respect to the contractor's or subcontractor's 26452
employees who are employed on the construction project which is 26453
the subject of the certificate, for death or injuries that arise 26454
out of, or death, injuries, or occupational diseases that arise in 26455
the course of, those employees' employment on that construction 26456
project.26457

       The contractors and subcontractors included under a 26458
certificate issued under this division shall identify in their 26459
payroll records the employees who are considered the employees of 26460
the self-insuring employer listed in that certificate for purposes 26461
of this chapter and Chapter 4121. of the Revised Code, and the 26462
amount that those employees earned for employment on the 26463
construction project that is the subject of that certificate. 26464
Notwithstanding any provision to the contrary under this chapter 26465
and Chapter 4121. of the Revised Code, the administrator shall 26466
exclude the payroll that is reported for employees who are 26467
considered the employees of the self-insuring employer listed in 26468
that certificate, and that the employees earned for employment on 26469
the construction project that is the subject of that certificate, 26470
when determining those contractors' or subcontractors' premiums or 26471
assessments required under this chapter and Chapter 4121. of the 26472
Revised Code. A self-insuring employer issued a certificate under 26473
this division shall include in the amount of paid compensation it 26474
reports pursuant to division (L) of this section, the amount of 26475
paid compensation the self-insuring employer paid pursuant to this 26476
division for the previous calendar year.26477

       Nothing in this division shall be construed as altering the 26478
rights of employees under this chapter and Chapter 4121. of the 26479
Revised Code as those rights existed prior to September 17, 1996. 26480
Nothing in this division shall be construed as altering the rights 26481
devolved under sections 2305.31 and 4123.82 of the Revised Code as 26482
those rights existed prior to September 17, 1996.26483

       As used in this division, "privilege to self-insure a 26484
construction project" means privilege to pay individually 26485
compensation, and to furnish medical, surgical, nursing, and 26486
hospital services and attention and funeral expenses directly to 26487
injured employees or the dependents of killed employees.26488

       (P) A self-insuring employer whose application is granted 26489
under division (O) of this section shall designate a safety 26490
professional to be responsible for the administration and 26491
enforcement of the safety program that is specifically designed 26492
for the construction project that is the subject of the 26493
application.26494

       A self-insuring employer whose application is granted under 26495
division (O) of this section shall employ an ombudsperson for the 26496
construction project that is the subject of the application. The 26497
ombudsperson shall have experience in workers' compensation or the 26498
construction industry, or both. The ombudsperson shall perform all 26499
of the following duties:26500

       (1) Communicate with and provide information to employees who 26501
are injured in the course of, or whose injury arises out of 26502
employment on the construction project, or who contract an 26503
occupational disease in the course of employment on the 26504
construction project;26505

       (2) Investigate the status of a claim upon the request of an 26506
employee to do so;26507

       (3) Provide information to claimants, third party 26508
administrators, employers, and other persons to assist those 26509
persons in protecting their rights under this chapter and Chapter 26510
4121. of the Revised Code.26511

       A self-insuring employer whose application is granted under 26512
division (O) of this section shall post the name of the safety 26513
professional and the ombudsperson and instructions for contacting 26514
the safety professional and the ombudsperson in a conspicuous 26515
place at the site of the construction project.26516

       (Q) The administrator may consider all of the following when 26517
deciding whether to grant a self-insuring employer the privilege 26518
to self-insure a construction project as provided under division 26519
(O) of this section:26520

       (1) Whether the self-insuring employer has an organizational 26521
plan for the administration of the workers' compensation law;26522

       (2) Whether the safety program that is specifically designed 26523
for the construction project provides for the safety of employees 26524
employed on the construction project, is applicable to all 26525
contractors and subcontractors who perform labor or work or 26526
provide materials for the construction project, and has as a 26527
component, a safety training program that complies with standards 26528
adopted pursuant to the "Occupational Safety and Health Act of 26529
1970," 84 Stat. 1590, 29 U.S.C.A. 651, and provides for continuing 26530
management and employee involvement;26531

       (3) Whether granting the privilege to self-insure the 26532
construction project will reduce the costs of the construction 26533
project;26534

       (4) Whether the self-insuring employer has employed an 26535
ombudsperson as required under division (P) of this section;26536

       (5) Whether the self-insuring employer has sufficient surety 26537
to secure the payment of claims for which the self-insuring 26538
employer would be responsible pursuant to the granting of the 26539
privilege to self-insure a construction project under division (O) 26540
of this section.26541

       (R) As used in divisions (O), (P), and (Q), "self-insuring 26542
employer" includes the following employers, whether or not they 26543
have been granted the status of being a self-insuring employer 26544
under division (B) of this section:26545

        (1) A state institution of higher education;26546

        (2) A school district;26547

        (3) A county school financing district;26548

        (4) An educational service center;26549

        (5) A community school established under Chapter 3314. of the 26550
Revised Code;26551

       (6) A municipal power agency as defined in section 3734.058 26552
of the Revised Code.26553

        (S) As used in this section:26554

       (1) "Unvoted debt capacity" means the amount of money that a 26555
public employer may borrow without voter approval of a tax levy;26556

       (2) "State institution of higher education" means the state 26557
universities listed in section 3345.011 of the Revised Code, 26558
community colleges created pursuant to Chapter 3354. of the 26559
Revised Code, university branches created pursuant to Chapter 26560
3355. of the Revised Code, technical colleges created pursuant to 26561
Chapter 3357. of the Revised Code, and state community colleges 26562
created pursuant to Chapter 3358. of the Revised Code.26563

       Sec. 4123.353.  (A) A public employer, except for a board of 26564
county commissioners described in division (G) of section 4123.01 26565
of the Revised Code, a board of a county hospital, or a publicly 26566
owned utility, who is granted the status of self-insuring employer 26567
pursuant to section 4123.35 of the Revised Code shall do all of 26568
the following:26569

       (1) Reserve funds as necessary, in accordance with sound and 26570
prudent actuarial judgment, to cover the costs the public employer 26571
may potentially incur to remain in compliance with this chapter 26572
and Chapter 4121. of the Revised Code;26573

       (2) Include all activity under this chapter and Chapter 4121. 26574
of the Revised Code in a single fund on the public employer's 26575
accounting records;26576

       (3) Within ninety days after the last day of each fiscal 26577
year, prepare and maintain a report of the reserved funds 26578
described in division (A)(1) of this section and disbursements 26579
made from those reserved funds;26580

       (4) Within ninety days after the last day of each fiscal 26581
year, obtain a written report prepared by a member of the American 26582
academy of actuaries, certifying whether the reserved funds 26583
described in division (A)(1) of this section are sufficient to 26584
cover the costs the public employer may potentially incur to 26585
remain in compliance with this chapter and Chapter 4121. of the 26586
Revised Code, are computed in accordance with accepted loss 26587
reserving standards, and are fairly stated in accordance with 26588
sound loss reserving principles.26589

       (B) A public employer who is subject to division (A) of this 26590
section shall make the reports required by that division available 26591
for inspection by the administrator of workers' compensation and 26592
any other person at all reasonable times during regular business 26593
hours.26594

       Sec. 4123.36.  Whenever an employer fails to pay a premium 26595
due,and the administrator of workers' compensation determines the 26596
employer's account to be uncollectible, the administrator shall 26597
cover the default in excess of the employer's premium security 26598
deposit by transfer of money from the premium payment security 26599
fund account to the state insurance fund. The transfer establishes 26600
coverage of the employer for the immediately completed six-month 26601
period together with the ensuing two-month adjustment period and 26602
the employer is not liable to respond in damages at common law or 26603
by statute for injuries or death of any employees wherever 26604
occurring during that eight-month period. Payments from the 26605
premium payment security fund may not be used to cover a default 26606
of an employer with respect to any period longer than eight 26607
months. Thereafter, the employer shall be considered a 26608
noncomplying employer under this chapter and shall not be entitled 26609
to the benefits and protection of this chapter until the employer 26610
again establishes coverage pursuant to this chapter through 26611
reimbursement to the premium payment security fund for the money 26612
paid to the state insurance fund, on account of the default, 26613
payment of any semiannual premium obligations due but in default, 26614
and submission of a new premium security deposit pursuant to 26615
section 4123.32 of the Revised Code.26616

       Sec. 4123.37.  In this section "amenable employer" has the 26617
same meaning as "employer" as defined in division (J)(I) of 26618
section 4123.32 of the Revised Code.26619

       If the administrator of workers' compensation finds that any 26620
person, firm, or private corporation, including any public service 26621
corporation, is, or has been at any time after January 1, 1923, an 26622
amenable employer and has not complied with section 4123.35 of the 26623
Revised Code the administrator shall determine the period during 26624
which the person, firm, or corporation was an amenable employer 26625
and shall forthwith give notice of the determination to the 26626
employer. Within twenty days thereafter the employer shall furnish 26627
the bureau with the payroll covering the period included in the 26628
determination and, if the employer is an amenable employer at the 26629
time of the determination, shall pay a premium security deposit 26630
for the eight months next succeeding the date of the determination 26631
and shall pay into the state insurance fund the amount of premium 26632
and assessments applicable to such payroll. If the administrator 26633
determines that the employer is an amenable employer prior to the 26634
policy year commencing July 1, 2015, the administrator may require 26635
the employer to pay a premium security deposit.26636

       If the employer does not furnish the payroll and pay the 26637
applicable premium, assessments, and, if applicable, the premium 26638
security deposit within the twenty days, the administrator shall 26639
forthwith make an assessment of the premiumamounts due from the 26640
employer for the period the administrator determined the employer 26641
to be an amenable employer including the premium security deposit 26642
according to section 4123.32 of the Revised Code if the employer 26643
is an amenable employer at the time of the determination, basing 26644
the assessment upon the information in the possession of the 26645
administrator.26646

       The administrator shall give to the employer assessed written 26647
notice of the assessment. The notice shall be mailed to the 26648
employer at the employer's residence or usual place of business by 26649
certified mail. Unless the employer to whom the notice of 26650
assessment is directed files with the bureau within twenty days 26651
after receipt thereof, a petition in writing, verified under oath 26652
by the employer, or the employer's authorized agent having 26653
knowledge of the facts, setting forth with particularity the items 26654
of the assessment objected to, together with the reason for the 26655
objections, the assessment shall become conclusive and the amount 26656
thereof shall be due and payable from the employer so assessed to 26657
the state insurance fund. When a petition objecting to an 26658
assessment is filed the bureau shall assign a time and place for 26659
the hearing of the same and shall notify the petitioner thereof by 26660
certified mail. When an employer files a petition the assessment 26661
made by the administrator shall become due and payable ten days 26662
after notice of the finding made at the hearing has been sent by 26663
certified mail to the party assessed. An appeal may be taken from 26664
any finding to the court of common pleas of Franklin county upon 26665
the execution by the party assessed of a bond to the state in 26666
double the amount found due and ordered paid by the bureau 26667
conditioned that the party will pay any judgment and costs 26668
rendered against it for the premium.26669

       When no petition objecting to an assessment is filed or when 26670
a finding is made affirming or modifying an assessment after 26671
hearing, a certified copy of the assessment as affirmed or 26672
modified may be filed by the administrator in the office of the 26673
clerk of the court of common pleas in any county in which the 26674
employer has property or in which the employer has a place of 26675
business. The clerk, immediately upon the filing of the 26676
assessment, shall enter a judgment for the state against the 26677
employer in the amount shown on the assessment. The judgment may 26678
be filed by the clerk in a loose leaf book entitled "special 26679
judgments for state insurance fund." The judgment shall bear the 26680
same rate of interest, have the same effect as other judgments, 26681
and be given the same preference allowed by law on other judgments 26682
rendered for claims for taxes. An assessment or judgment under 26683
this section shall not be a bar to the adjustment of the 26684
employer's account upon the employer furnishing the employer's 26685
payroll records to the bureau.26686

       The administrator, for good cause shown, may waive a default 26687
in the payment of premium where the default is of less than sixty 26688
days' duration, and upon payment by the employer of the premium 26689
for the period, the employer and the employer's employees are 26690
entitled to all of the benefits and immunities provided by this 26691
chapter.26692

       Sec. 4123.40.  On or before the first day of July of every 26693
year, the administrator of workers' compensation shall estimate 26694
the gross payroll of all state employers for the succeeding 26695
biennium or fiscal year.26696

       The administrator shall determine and certify for the office 26697
of budget and management that rate or rates which, when applied to 26698
the gross payroll estimate, will produce an amount equal to the 26699
estimated cost of awards or claim payments to be made during the 26700
like fiscal period, as determined by the administrator.26701

       The rate certified shall be applied and made a part of the 26702
gross payroll calculation for the period for which the foregoing 26703
estimates have been made, in conformity with section 125.21 of the 26704
Revised Code. The amounts collected shall be remitted to the 26705
bureau of workers' compensation as provided in section 125.21 of 26706
the Revised Code.26707

       If the historical amounts remitted to the bureau for a fiscal 26708
period are greater or less than actualhistorical awards or claim26709
payments for the like period by reason of an error in the prior 26710
estimates of gross payroll or awards or payments, the overage or 26711
shortagedifference shall be includedreturned to the state 26712
employer or recovered by the bureau in a manner determined by the 26713
administrator in determining the rate for the next succeeding 26714
fiscal period.26715

       In fixing the amount of contribution to be made by the state 26716
and each of its departments, agencies, and instrumentalities, the 26717
administrator shall classify departments, agencies, and 26718
instrumentalities into such groups as will equitably determine the 26719
contributions in accordance with their expected individual 26720
accident experience so that the state and its departments, 26721
agencies, and instrumentalities contribute an amount sufficient to 26722
meet individual obligations and maintain a solvent public 26723
insurance fundthe obligations of the participants in total.26724

       Moneys collected from state employers shall not be used to 26725
pay compensation or other benefits attributable to service of 26726
persons as employees of counties or taxing districts therein, nor 26727
shall moneys collected from counties and taxing districts therein 26728
be used to pay compensation or other benefits attributable to 26729
service of persons as employees of the state.26730

       Sec. 4123.41.  (A) By(1) For policy years that begin prior 26731
to January 1, 2016, by the first day of January of each year, the 26732
bureau of workers' compensation shall furnish to the county 26733
auditor of each county and the chief fiscal officer of each taxing 26734
district in a county and of each district activity and institution 26735
mentioned in section 4123.39 of the Revised Code forms containing 26736
the premium rates applicable to the county, district, district 26737
activity, or institution as an employer, on which to report the 26738
amount of money expended by the county, district, district 26739
activity, or institution during the previous twelve calendar 26740
months for the services of employees under this chapter.26741

       (B) Each county auditor and each fiscal officer of a 26742
district, district activity, and institution shall calculate on 26743
the form it receives from the bureau under division (A) of this 26744
section the premium due as its proper contribution to the public 26745
insurance fund and issue a warrant in favor of the bureau for the 26746
amount due from the county, district, district activity, or 26747
institution to the public insurance fund.26748

       (2) For a policy year commencing on or after January 1, 2016, 26749
by the first day of November of each year, the bureau shall 26750
furnish to the county auditor of each county and the chief fiscal 26751
officer of each taxing district in a county and of each district 26752
activity and institution mentioned in section 4123.39 of the 26753
Revised Code forms showing the estimated premium due from the 26754
county, district, district activity, or institution for the 26755
forthcoming policy year. 26756

       After the conclusion of each policy year, the county auditor 26757
of each county and the chief fiscal officer of each taxing 26758
district in a county and of each district activity and institution 26759
mentioned in section 4123.39 of the Revised Code shall, on or 26760
before the fifteenth day of February immediately following the 26761
conclusion of the policy year, report the amount of money expended 26762
by the county, district, district activity, or institution during 26763
the policy year for the services of employees under this chapter. 26764
The bureau shall adjust the premium and assessments charged to the 26765
employer for the difference between estimated gross payrolls and 26766
actual gross payrolls, and the employer immediately shall pay any 26767
balance due to the bureau. Any balance due the employer shall be 26768
credited to the employer's account.26769

       The administrator may adopt rules setting forth penalties for 26770
failure to submit the report of money expended as required by this 26771
division, including, but not limited to, exclusion from 26772
alternative rating plans and discount programs.26773

       (B)(1) Except as otherwise provided in division (B) of this 26774
section, payments due under this section shall be made according 26775
to the following schedule:26776

       (1) On(a) For payments of premium and assessments due for a 26777
policy year that commences prior to July 1, 2015:26778

       (i) On or before the fifteenth day of May of eachimmediately 26779
following the conclusion of the policy year, no less than 26780
forty-five per cent of the annual amount due for the policy year;26781

       (2)(ii) On or before the first day of September immediately 26782
following the conclusion of eachthe policy year, no less than the 26783
total amount due for the policy year.26784

       (b) For the policy year commencing January 1, 2015:26785

       (i) On or before the fifteenth day of May immediately 26786
following the conclusion of the policy year, no less than fifty 26787
per cent of the annual amount due for the policy year;26788

       (ii) On or before the first day of September immediately 26789
following the conclusion of the policy year, no less than the 26790
total amount due for the policy year.26791

       (c) For the policy year commencing January 1, 2016:26792

       (i) On or before the fifteenth day of May in that policy 26793
year, no less than fifty per cent of the annual premium estimated 26794
by the bureau.26795

       (ii) On or before the first day of September in that policy 26796
year, no less than the total amount of annual premium estimated by 26797
the bureau.26798

       (d) For a policy year commencing on or after January 1, 2017, 26799
the total amount of annual premium estimated by the bureau on or 26800
before the thirty-first day of December immediately preceding the 26801
start of the policy year.26802

       (2) The administrator, with the advice and consent of the 26803
bureau of workers' compensation board of directors, shall adopt 26804
rules to permit employers to make periodic payments of the premium 26805
and assessments due under this section. The rules shall include 26806
provisions for the assessment of interest charges, if appropriate, 26807
and for the assessment of penalties when an employer fails to make 26808
timely premium payments. The administrator may adopt rules to 26809
establish an administrative fee for those periodic payments.26810

       (C) The legislative body of any county, district, district 26811
activity, or institution may reimburse the fund from which the 26812
workers' compensation payments are made by transferring to the 26813
fund from any other fund of the county, district, district 26814
activity, or institution, the proportionate amount of the payments 26815
that should be chargeable to the fund, whether the fund is derived 26816
from taxation or otherwise. The proportionate amount of the 26817
payments chargeable to the fund may be based on payroll, relative 26818
exposure, relative loss experience, or any combination of these 26819
factors, as determined by the legislative body. 26820

       (1) The workers' compensation program payments of any county, 26821
district, district activity, or institution may include all 26822
payments required by any bureau of workers' compensation rating 26823
plan.26824

       (2) The workers' compensation program payments of any county, 26825
district, district activity, or institution, except for a county 26826
board of developmental disabilities, a board of alcohol, drug 26827
addiction, and mental health services, a board of mental health 26828
services, and a board of alcohol and drug addiction services, also 26829
may include any of the following:26830

       (a) Direct administrative costs incurred in the management of 26831
the county, district, district activity, or institution's workers' 26832
compensation program;26833

       (b) Indirect costs that are necessary and reasonable for the 26834
proper and efficient administration of the workers' compensation 26835
program as documented in a cost allocation plan. The indirect cost 26836
plan shall conform to the United States office of management and 26837
budget circular A-87 "cost principles for state and local 26838
governments," 2 C.F.R. 225, as most recently amended on May 10, 26839
2004. The plan shall not authorize payment from the fund of any 26840
general government expense required to carry out the overall 26841
governmental responsibilities.26842

       (3) Within sixty days before a legislative body changes the 26843
method used for calculating the proportionate amount of the 26844
payments chargeable to the fund, it shall notify, consult with, 26845
and give information supporting the change to any elected official 26846
affected by the change. A transfer made pursuant to division 26847
(B)(2) of this section is not subject to section 5705.16 of the 26848
Revised Code.26849

       (D) Any county board of developmental disabilities, board of 26850
alcohol, drug addiction, and mental health services, board of 26851
mental health services, or board of alcohol and drug addiction 26852
services whose workers' compensation payments, on or before 26853
September 28, 2012, includes costs referred to in division (C)(2) 26854
of this section may continue to do so on and after September 28, 26855
2012.26856

       (E) The bureau may investigate the correctness of the 26857
information provided by the county auditor and chief fiscal 26858
officer under division (B)(A) of this section, and if the bureau 26859
determines at any time that the county, district, district 26860
activity, or institution has not reported the correct information, 26861
the administrator of workers' compensation may make deductions or 26862
additions as the facts warrant and take those facts into 26863
consideration in determining the current or future contributions 26864
to be made by the county, district, district activity, or 26865
institution. If the county, district, district activity, or 26866
institution does not furnish the report in the time required by 26867
this section, the administrator may fix the amount of contribution 26868
the county, district, district activity, or institution must make 26869
and certify that amount for payment.26870

       (F) TheFor payments of premium and assessments for a policy 26871
year prior to the policy year commencing January 1, 2015, the 26872
administrator shall provide a discount to any county, district, 26873
district activity, or institution that pays its total amount due 26874
to the public insurance fund on or before the fifteenth day of May 26875
of each year as its proper contribution for premiums. The 26876
administrator shall base the discount provided under this division 26877
on the savings generated by the early payment to the public 26878
insurance fund. The administrator may provide the discount through 26879
a refund to the county, district, district activity, or 26880
institution or an offset against the future contributions due to 26881
the public insurance fund from the county, district, district 26882
activity, or institution.26883

       (G) The administrator may impose an interest penalty for late 26884
payment of any amount due from a county, district, district 26885
activity, and institution at the interest rate established by the 26886
state tax commissioner pursuant to section 5703.47 of the Revised 26887
Code.26888

       (H) If the administrator adopts rules for the prospective 26889
payment of premium as permitted under section 4123.322 of the 26890
Revised Code, every employer mentioned in division (B)(1) of 26891
section 4123.01 of the Revised Code, except for a state agency or 26892
a state university or college as defined in section 4123.32 of the 26893
Revised Code, shall pay into the state insurance fund the amount 26894
of premium the administrator fixes for the employment or 26895
occupation of the employer, the amount of which premium to be paid 26896
by each employer to be determined by the classifications, rules, 26897
and rates made and published by the administrator and based upon 26898
the estimates and reconciliations required by the rules the 26899
administrator adopts under section 4123.322 of the Revised Code.26900

       Sec. 4123.411.  (A) For the purpose of carrying out sections 26901
4123.412 to 4123.418 of the Revised Code, the administrator of 26902
workers' compensation, with the advice and consent of the bureau 26903
of workers' compensation board of directors, shall levy an 26904
assessment against all employers at a rate, of at least five but26905
not to exceed ten cents per one hundred dollars of payroll, such 26906
rate to be determined annually for each employer group listed in 26907
divisions (A)(1) to (3) of this section, which will produce an 26908
amount no greater than the amount the administrator estimates to 26909
be necessary to carry out such sections for the period for which 26910
the assessment is levied. In the event the amount produced by the 26911
assessment is not sufficient to carry out such sections the 26912
additional amount necessary shall be provided from the income 26913
produced as a result of investments made pursuant to section 26914
4123.44 of the Revised Code.26915

       Assessments shall be levied according to the following 26916
schedule:26917

       (1) PrivateFor private fund employers, except self-insuring 26918
employers--:26919

       (a) For policy years commencing prior to July 1, 2015, in 26920
January and July of each year upon gross payrolls of the preceding 26921
six months;26922

       (b) For policy years commencing on or after July 1, 2015, in 26923
June of each year upon gross payrolls estimated for the next 26924
twelve months.26925

       (2) CountiesFor counties and taxing district employers 26926
therein, except county hospitals that are self-insuring 26927
employers--:26928

       (a) For policy years commencing prior to January 1, 2015, in 26929
January of each year upon gross payrolls of the preceding twelve 26930
months;26931

       (b) For policy years commencing on or after January 1, 2015, 26932
in December of each year upon gross payrolls estimated for the 26933
next twelve months.26934

       (3) TheFor the state as an employer--in January, April, 26935
July, and October of each year upon gross payrolls of the 26936
preceding three months or at other intervals as the administrator 26937
establishes.26938

       After the completion of each policy year that commences on or 26939
after July 1, 2015, for private fund employers or that commences 26940
on or after January 1, 2015, for counties and taxing district 26941
employers therein, the assessments levied under this section shall 26942
be adjusted for the difference between estimated gross payrolls 26943
and actual gross payrolls reported by the employer on the payroll 26944
report submitted by a private employer pursuant to section 4123.26 26945
of the Revised Code, or, for a public employer, submitted pursuant 26946
to section 4123.41 of the Revised Code.26947

       Amounts assessed in accordance with this section shall be 26948
collected from each employer as prescribed in rules the 26949
administrator adopts.26950

       The moneys derived from the assessment provided for in this 26951
section shall be credited to the disabled workers' relief fund 26952
created by section 4123.412 of the Revised Code. The administrator 26953
shall establish by rule classifications of employers within 26954
divisions (A)(1) to (3) of this section and shall determine rates 26955
for each class so as to fairly apportion the costs of carrying out 26956
sections 4123.412 to 4123.418 of the Revised Code.26957

       (B) For all injuries and disabilities occurring on or after 26958
January 1, 1987, the administrator, for the purposes of carrying 26959
out sections 4123.412 to 4123.418 of the Revised Code, shall levy 26960
an assessment against all employers at a rate per one hundred 26961
dollars of payroll, such rate to be determined annually for each 26962
classification of employer in each employer group listed in 26963
divisions (A)(1) to (3) of this section, which will produce an 26964
amount no greater than the amount the administrator estimates to 26965
be necessary to carry out such sections for the period for which 26966
the assessment is levied. The administrator annually shall 26967
establish the contributions due from employers for the disabled 26968
workers' relief fund at rates as low as possible but that will 26969
assure sufficient moneys to guarantee the payment of any claims 26970
against that fund.26971

       Amounts assessed in accordance with this division shall be 26972
billed at the same time premiums are billed and credited to the 26973
disabled workers' relief fund created by section 4123.412 of the 26974
Revised Code. The administrator shall determine the rates for each 26975
class in the same manner as the administrator fixes the rates for 26976
premiums pursuant to section 4123.29 of the Revised Code.26977

       (C) For a self-insuring employer, the bureau of workers' 26978
compensation shall pay to employees who are participants 26979
regardless of the date of injury, any amounts due to the 26980
participants under section 4123.414 of the Revised Code and shall 26981
bill the self-insuring employer, semiannually, for all amounts 26982
paid to a participant.26983

       Sec. 4123.47.  (A) The administrator of workers' compensation 26984
shall have an actuarial auditsanalysis of the state insurance 26985
fund and all other funds specified in this chapter and Chapters 26986
4121., 4127., and 4131. of the Revised Code made at least once 26987
each year. The auditsanalysis shall be made and certified by 26988
recognized insurance, credentialed property or casualty actuaries 26989
who shall be selected by the bureau of workers' compensation board 26990
of directors. The audits shall cover the premium rates, 26991
classifications, and all other matters involving the 26992
administration of the state insurance fund and all other funds 26993
specified in this chapter and Chapters 4121., 4127., and 4131. of 26994
the Revised Code. The expense of the auditsanalysis shall be paid 26995
from the state insurance fund. The administrator shall make copies 26996
of the auditsanalysis available to the workers' compensation 26997
audit committee at no charge and to the public at cost.26998

       (B) The auditor of state annually shall conduct an audit of 26999
the administration of this chapter by the industrial commission 27000
and the bureau of workers' compensation and the safety and hygiene 27001
fund. The cost of the audit shall be charged to the administrative 27002
costs of the bureau as defined in section 4123.341 of the Revised 27003
Code. The audit shall include audits of all fiscal activities, 27004
claims processing and handling, and employer premium collections. 27005
The auditor shall prepare a report of the audit together with 27006
recommendations and transmit copies of the report to the 27007
industrial commission, the board, the administrator, the governor, 27008
and to the general assembly. The auditor shall make copies of the 27009
report available to the public at cost.27010

       (C) The administrator may retain the services of a recognized 27011
actuary on a consulting basis for the purpose of evaluating the 27012
actuarial soundness of premium rates and classifications and all 27013
other matters involving the administration of the state insurance 27014
fund. The expense of services provided by the actuary shall be 27015
paid from the state insurance fund.27016

       Sec. 4123.511.  (A) Within seven days after receipt of any 27017
claim under this chapter, the bureau of workers' compensation 27018
shall notify the claimant and the employer of the claimant of the 27019
receipt of the claim and of the facts alleged therein. If the 27020
bureau receives from a person other than the claimant written or 27021
facsimile information or information communicated verbally over 27022
the telephone indicating that an injury or occupational disease 27023
has occurred or been contracted which may be compensable under 27024
this chapter, the bureau shall notify the employee and the 27025
employer of the information. If the information is provided 27026
verbally over the telephone, the person providing the information 27027
shall provide written verification of the information to the 27028
bureau according to division (E) of section 4123.84 of the Revised 27029
Code. The receipt of the information in writing or facsimile, or 27030
if initially by telephone, the subsequent written verification, 27031
and the notice by the bureau shall be considered an application 27032
for compensation under section 4123.84 or 4123.85 of the Revised 27033
Code, provided that the conditions of division (E) of section 27034
4123.84 of the Revised Code apply to information provided verbally 27035
over the telephone. Upon receipt of a claim, the bureau shall 27036
advise the claimant of the claim number assigned and the 27037
claimant's right to representation in the processing of a claim or 27038
to elect no representation. If the bureau determines that a claim 27039
is determined to be a compensable lost-time claim, the bureau 27040
shall notify the claimant and the employer of the availability of 27041
rehabilitation services. No bureau or industrial commission 27042
employee shall directly or indirectly convey any information in 27043
derogation of this right. This section shall in no way abrogate 27044
the bureau's responsibility to aid and assist a claimant in the 27045
filing of a claim and to advise the claimant of the claimant's 27046
rights under the law.27047

       The administrator of workers' compensation shall assign all 27048
claims and investigations to the bureau service office from which 27049
investigation and determination may be made most expeditiously.27050

       The bureau shall investigate the facts concerning an injury 27051
or occupational disease and ascertain such facts in whatever 27052
manner is most appropriate and may obtain statements of the 27053
employee, employer, attending physician, and witnesses in whatever 27054
manner is most appropriate.27055

       The administrator, with the advice and consent of the bureau 27056
of workers' compensation board of directors, may adopt rules that 27057
identify specified medical conditions that have a historical 27058
record of being allowed whenever included in a claim. The 27059
administrator may grant immediate allowance of any medical 27060
condition identified in those rules upon the filing of a claim 27061
involving that medical condition and may make immediate payment of 27062
medical bills for any medical condition identified in those rules 27063
that is included in a claim. If an employer contests the allowance 27064
of a claim involving any medical condition identified in those 27065
rules, and the claim is disallowed, payment for the medical 27066
condition included in that claim shall be charged to and paid from 27067
the surplus fund created under section 4123.34 of the Revised 27068
Code.27069

       (B)(1) Except as provided in division (B)(2) of this section, 27070
in claims other than those in which the employer is a 27071
self-insuring employer, if the administrator determines under 27072
division (A) of this section that a claimant is or is not entitled 27073
to an award of compensation or benefits, the administrator shall 27074
issue an order no later than twenty-eight days after the sending 27075
of the notice under division (A) of this section, granting or 27076
denying the payment of the compensation or benefits, or both as is 27077
appropriate to the claimant. Notwithstanding the time limitation 27078
specified in this division for the issuance of an order, if a 27079
medical examination of the claimant is required by statute, the 27080
administrator promptly shall schedule the claimant for that 27081
examination and shall issue an order no later than twenty-eight 27082
days after receipt of the report of the examination. The 27083
administrator shall notify the claimant and the employer of the 27084
claimant and their respective representatives in writing of the 27085
nature of the order and the amounts of compensation and benefit 27086
payments involved. The employer or claimant may appeal the order 27087
pursuant to division (C) of this section within fourteen days 27088
after the date of the receipt of the order. The employer and 27089
claimant may waive, in writing, their rights to an appeal under 27090
this division.27091

       (2) Notwithstanding the time limitation specified in division 27092
(B)(1) of this section for the issuance of an order, if the 27093
employer certifies a claim for payment of compensation or 27094
benefits, or both, to a claimant, and the administrator has 27095
completed the investigation of the claim, the payment of benefits 27096
or compensation, or both, as is appropriate, shall commence upon 27097
the later of the date of the certification or completion of the 27098
investigation and issuance of the order by the administrator, 27099
provided that the administrator shall issue the order no later 27100
than the time limitation specified in division (B)(1) of this 27101
section.27102

       (3) If an appeal is made under division (B)(1) or (2) of this 27103
section, the administrator shall forward the claim file to the 27104
appropriate district hearing officer within seven days of the 27105
appeal. In contested claims other than state fund claims, the 27106
administrator shall forward the claim within seven days of the 27107
administrator's receipt of the claim to the industrial commission, 27108
which shall refer the claim to an appropriate district hearing 27109
officer for a hearing in accordance with division (C) of this 27110
section.27111

       (C) If an employer or claimant timely appeals the order of 27112
the administrator issued under division (B) of this section or in 27113
the case of other contested claims other than state fund claims, 27114
the commission shall refer the claim to an appropriate district 27115
hearing officer according to rules the commission adopts under 27116
section 4121.36 of the Revised Code. The district hearing officer 27117
shall notify the parties and their respective representatives of 27118
the time and place of the hearing.27119

       The district hearing officer shall hold a hearing on a 27120
disputed issue or claim within forty-five days after the filing of 27121
the appeal under this division and issue a decision within seven 27122
days after holding the hearing. The district hearing officer shall 27123
notify the parties and their respective representatives in writing 27124
of the order. Any party may appeal an order issued under this 27125
division pursuant to division (D) of this section within fourteen 27126
days after receipt of the order under this division.27127

       (D) Upon the timely filing of an appeal of the order of the 27128
district hearing officer issued under division (C) of this 27129
section, the commission shall refer the claim file to an 27130
appropriate staff hearing officer according to its rules adopted 27131
under section 4121.36 of the Revised Code. The staff hearing 27132
officer shall hold a hearing within forty-five days after the 27133
filing of an appeal under this division and issue a decision 27134
within seven days after holding the hearing under this division. 27135
The staff hearing officer shall notify the parties and their 27136
respective representatives in writing of the staff hearing 27137
officer's order. Any party may appeal an order issued under this 27138
division pursuant to division (E) of this section within fourteen 27139
days after receipt of the order under this division.27140

       (E) Upon the filing of a timely appeal of the order of the 27141
staff hearing officer issued under division (D) of this section, 27142
the commission or a designated staff hearing officer, on behalf of 27143
the commission, shall determine whether the commission will hear 27144
the appeal. If the commission or the designated staff hearing 27145
officer decides to hear the appeal, the commission or the 27146
designated staff hearing officer shall notify the parties and 27147
their respective representatives in writing of the time and place 27148
of the hearing. The commission shall hold the hearing within 27149
forty-five days after the filing of the notice of appeal and, 27150
within seven days after the conclusion of the hearing, the 27151
commission shall issue its order affirming, modifying, or 27152
reversing the order issued under division (D) of this section. The 27153
commission shall notify the parties and their respective 27154
representatives in writing of the order. If the commission or the 27155
designated staff hearing officer determines not to hear the 27156
appeal, within fourteen days after the expiration of the period in 27157
which an appeal of the order of the staff hearing officer may be 27158
filed as provided in division (D) of this section, the commission 27159
or the designated staff hearing officer shall issue an order to 27160
that effect and notify the parties and their respective 27161
representatives in writing of that order.27162

       Except as otherwise provided in this chapter and Chapters 27163
4121., 4127., and 4131. of the Revised Code, any party may appeal 27164
an order issued under this division to the court pursuant to 27165
section 4123.512 of the Revised Code within sixty days after 27166
receipt of the order, subject to the limitations contained in that 27167
section.27168

       (F) Every notice of an appeal from an order issued under 27169
divisions (B), (C), (D), and (E) of this section shall state the 27170
names of the claimant and employer, the number of the claim, the 27171
date of the decision appealed from, and the fact that the 27172
appellant appeals therefrom.27173

       (G) All of the following apply to the proceedings under 27174
divisions (C), (D), and (E) of this section:27175

       (1) The parties shall proceed promptly and without 27176
continuances except for good cause;27177

       (2) The parties, in good faith, shall engage in the free 27178
exchange of information relevant to the claim prior to the conduct 27179
of a hearing according to the rules the commission adopts under 27180
section 4121.36 of the Revised Code;27181

       (3) The administrator is a party and may appear and 27182
participate at all administrative proceedings on behalf of the 27183
state insurance fund. However, in cases in which the employer is 27184
represented, the administrator shall neither present arguments nor 27185
introduce testimony that is cumulative to that presented or 27186
introduced by the employer or the employer's representative. The 27187
administrator may file an appeal under this section on behalf of 27188
the state insurance fund; however, except in cases arising under 27189
section 4123.343 of the Revised Code, the administrator only may 27190
appeal questions of law or issues of fraud when the employer 27191
appears in person or by representative.27192

       (H) Except as provided in section 4121.63 of the Revised Code 27193
and division (K) of this section, payments of compensation to a 27194
claimant or on behalf of a claimant as a result of any order 27195
issued under this chapter shall commence upon the earlier of the 27196
following:27197

       (1) Fourteen days after the date the administrator issues an 27198
order under division (B) of this section, unless that order is 27199
appealed;27200

       (2) The date when the employer has waived the right to appeal 27201
a decision issued under division (B) of this section;27202

       (3) If no appeal of an order has been filed under this 27203
section or to a court under section 4123.512 of the Revised Code, 27204
the expiration of the time limitations for the filing of an appeal 27205
of an order;27206

       (4) The date of receipt by the employer of an order of a 27207
district hearing officer, a staff hearing officer, or the 27208
industrial commission issued under division (C), (D), or (E) of 27209
this section.27210

       (I) PaymentsExcept as otherwise provided in division (B) of 27211
section 4123.66 of the Revised Code, payments of medical benefits 27212
payable under this chapter or Chapter 4121., 4127., or 4131. of 27213
the Revised Code shall commence upon the earlier of the following:27214

       (1) The date of the issuance of the staff hearing officer's 27215
order under division (D) of this section;27216

       (2) The date of the final administrative or judicial 27217
determination.27218

       (J) The administrator shall charge the compensation payments 27219
made in accordance with division (H) of this section or medical 27220
benefits payments made in accordance with division (I) of this 27221
section to an employer's experience immediately after the employer 27222
has exhausted the employer's administrative appeals as provided in 27223
this section or has waived the employer's right to an 27224
administrative appeal under division (B) of this section, subject 27225
to the adjustment specified in division (H) of section 4123.512 of 27226
the Revised Code.27227

       (K) Upon the final administrative or judicial determination 27228
under this section or section 4123.512 of the Revised Code of an 27229
appeal of an order to pay compensation, if a claimant is found to 27230
have received compensation pursuant to a prior order which is 27231
reversed upon subsequent appeal, the claimant's employer, if a 27232
self-insuring employer, or the bureau, shall withhold from any 27233
amount to which the claimant becomes entitled pursuant to any 27234
claim, past, present, or future, under Chapter 4121., 4123., 27235
4127., or 4131. of the Revised Code, the amount of previously paid 27236
compensation to the claimant which, due to reversal upon appeal, 27237
the claimant is not entitled, pursuant to the following criteria:27238

       (1) No withholding for the first twelve weeks of temporary 27239
total disability compensation pursuant to section 4123.56 of the 27240
Revised Code shall be made;27241

       (2) Forty per cent of all awards of compensation paid 27242
pursuant to sections 4123.56 and 4123.57 of the Revised Code, 27243
until the amount overpaid is refunded;27244

       (3) Twenty-five per cent of any compensation paid pursuant to 27245
section 4123.58 of the Revised Code until the amount overpaid is 27246
refunded;27247

       (4) If, pursuant to an appeal under section 4123.512 of the 27248
Revised Code, the court of appeals or the supreme court reverses 27249
the allowance of the claim, then no amount of any compensation 27250
will be withheld.27251

       The administrator and self-insuring employers, as 27252
appropriate, are subject to the repayment schedule of this 27253
division only with respect to an order to pay compensation that 27254
was properly paid under a previous order, but which is 27255
subsequently reversed upon an administrative or judicial appeal. 27256
The administrator and self-insuring employers are not subject to, 27257
but may utilize, the repayment schedule of this division, or any 27258
other lawful means, to collect payment of compensation made to a 27259
person who was not entitled to the compensation due to fraud as 27260
determined by the administrator or the industrial commission.27261

       (L) If a staff hearing officer or the commission fails to 27262
issue a decision or the commission fails to refuse to hear an 27263
appeal within the time periods required by this section, payments 27264
to a claimant shall cease until the staff hearing officer or 27265
commission issues a decision or hears the appeal, unless the 27266
failure was due to the fault or neglect of the employer or the 27267
employer agrees that the payments should continue for a longer 27268
period of time.27269

       (M) Except as otherwise provided in this section or section 27270
4123.522 of the Revised Code, no appeal is timely filed under this 27271
section unless the appeal is filed with the time limits set forth 27272
in this section.27273

       (N) No person who is not an employee of the bureau or 27274
commission or who is not by law given access to the contents of a 27275
claims file shall have a file in the person's possession.27276

       (O) Upon application of a party who resides in an area in 27277
which an emergency or disaster is declared, the industrial 27278
commission and hearing officers of the commission may waive the 27279
time frame within which claims and appeals of claims set forth in 27280
this section must be filed upon a finding that the applicant was 27281
unable to comply with a filing deadline due to an emergency or a 27282
disaster. 27283

       As used in this division:27284

       (1) "Emergency" means any occasion or instance for which the 27285
governor of Ohio or the president of the United States publicly 27286
declares an emergency and orders state or federal assistance to 27287
save lives and protect property, the public health and safety, or 27288
to lessen or avert the threat of a catastrophe.27289

       (2) "Disaster" means any natural catastrophe or fire, flood, 27290
or explosion, regardless of the cause, that causes damage of 27291
sufficient magnitude that the governor of Ohio or the president of 27292
the United States, through a public declaration, orders state or 27293
federal assistance to alleviate damage, loss, hardship, or 27294
suffering that results from the occurrence.27295

       Sec. 4123.512.  (A) The claimant or the employer may appeal 27296
an order of the industrial commission made under division (E) of 27297
section 4123.511 of the Revised Code in any injury or occupational 27298
disease case, other than a decision as to the extent of disability 27299
to the court of common pleas of the county in which the injury was 27300
inflicted or in which the contract of employment was made if the 27301
injury occurred outside the state, or in which the contract of 27302
employment was made if the exposure occurred outside the state. If 27303
no common pleas court has jurisdiction for the purposes of an 27304
appeal by the use of the jurisdictional requirements described in 27305
this division, the appellant may use the venue provisions in the 27306
Rules of Civil Procedure to vest jurisdiction in a court. If the 27307
claim is for an occupational disease, the appeal shall be to the 27308
court of common pleas of the county in which the exposure which 27309
caused the disease occurred. Like appeal may be taken from an 27310
order of a staff hearing officer made under division (D) of 27311
section 4123.511 of the Revised Code from which the commission has 27312
refused to hear an appeal. The appellant shall file the notice of 27313
appeal with a court of common pleas within sixty days after the 27314
date of the receipt of the order appealed from or the date of 27315
receipt of the order of the commission refusing to hear an appeal 27316
of a staff hearing officer's decision under division (D) of 27317
section 4123.511 of the Revised Code. The filing of the notice of 27318
the appeal with the court is the only act required to perfect the 27319
appeal.27320

       If an action has been commenced in a court of a county other 27321
than a court of a county having jurisdiction over the action, the 27322
court, upon notice by any party or upon its own motion, shall 27323
transfer the action to a court of a county having jurisdiction.27324

       Notwithstanding anything to the contrary in this section, if 27325
the commission determines under section 4123.522 of the Revised 27326
Code that an employee, employer, or their respective 27327
representatives have not received written notice of an order or 27328
decision which is appealable to a court under this section and 27329
which grants relief pursuant to section 4123.522 of the Revised 27330
Code, the party granted the relief has sixty days from receipt of 27331
the order under section 4123.522 of the Revised Code to file a 27332
notice of appeal under this section.27333

       (B) The notice of appeal shall state the names of the 27334
administrator of workers' compensation, the claimant, and the 27335
employer,; the number of the claim,; the date of the order 27336
appealed from,; and the fact that the appellant appeals therefrom.27337

       The administrator of workers' compensation, the claimant, and 27338
the employer shall be parties to the appeal and the court, upon 27339
the application of the commission, shall make the commission a 27340
party. The party filing the appeal shall serve a copy of the 27341
notice of appeal on the administrator at the central office of the 27342
bureau of workers' compensation in Columbus. The administrator 27343
shall notify the employer that if the employer fails to become an 27344
active party to the appeal, then the administrator may act on 27345
behalf of the employer and the results of the appeal could have an 27346
adverse effect upon the employer's premium rates.27347

       (C) The attorney general or one or more of the attorney 27348
general's assistants or special counsel designated by the attorney 27349
general shall represent the administrator and the commission. In 27350
the event the attorney general or the attorney general's 27351
designated assistants or special counsel are absent, the 27352
administrator or the commission shall select one or more of the 27353
attorneys in the employ of the administrator or the commission as 27354
the administrator's attorney or the commission's attorney in the 27355
appeal. Any attorney so employed shall continue the representation 27356
during the entire period of the appeal and in all hearings thereof 27357
except where the continued representation becomes impractical.27358

       (D) Upon receipt of notice of appeal, the clerk of courts 27359
shall provide notice to all parties who are appellees and to the 27360
commission.27361

       The claimant shall, within thirty days after the filing of 27362
the notice of appeal, file a petition containing a statement of 27363
facts in ordinary and concise language showing a cause of action 27364
to participate or to continue to participate in the fund and 27365
setting forth the basis for the jurisdiction of the court over the 27366
action. Further pleadings shall be had in accordance with the 27367
Rules of Civil Procedure, provided that service of summons on such 27368
petition shall not be required and provided that the claimant may 27369
not dismiss the complaint without the employer's consent if the 27370
employer is the party that filed the notice of appeal to court 27371
pursuant to this section. The clerk of the court shall, upon 27372
receipt thereof, transmit by certified mail a copy thereof to each 27373
party named in the notice of appeal other than the claimant. Any 27374
party may file with the clerk prior to the trial of the action a 27375
deposition of any physician taken in accordance with the 27376
provisions of the Revised Code, which deposition may be read in 27377
the trial of the action even though the physician is a resident of 27378
or subject to service in the county in which the trial is had. The 27379
bureau of workers' compensation shall pay the cost of the 27380
stenographic deposition filed in court and of copies of the 27381
stenographic deposition for each party from the surplus fund and 27382
charge the costs thereof against the unsuccessful party if the 27383
claimant's right to participate or continue to participate is 27384
finally sustained or established in the appeal. In the event the 27385
deposition is taken and filed, the physician whose deposition is 27386
taken is not required to respond to any subpoena issued in the 27387
trial of the action. The court, or the jury under the instructions 27388
of the court, if a jury is demanded, shall determine the right of 27389
the claimant to participate or to continue to participate in the 27390
fund upon the evidence adduced at the hearing of the action.27391

       (E) The court shall certify its decision to the commission 27392
and the certificate shall be entered in the records of the court. 27393
Appeals from the judgment are governed by the law applicable to 27394
the appeal of civil actions.27395

       (F) The cost of any legal proceedings authorized by this 27396
section, including an attorney's fee to the claimant's attorney to 27397
be fixed by the trial judge, based upon the effort expended, in 27398
the event the claimant's right to participate or to continue to 27399
participate in the fund is established upon the final 27400
determination of an appeal, shall be taxed against the employer or 27401
the commission if the commission or the administrator rather than 27402
the employer contested the right of the claimant to participate in 27403
the fund. The attorney's fee shall not exceed forty-two hundred 27404
dollars.27405

       (G) If the finding of the court or the verdict of the jury is 27406
in favor of the claimant's right to participate in the fund, the 27407
commission and the administrator shall thereafter proceed in the 27408
matter of the claim as if the judgment were the decision of the 27409
commission, subject to the power of modification provided by 27410
section 4123.52 of the Revised Code.27411

       (H)(1) An appeal from an order issued under division (E) of 27412
section 4123.511 of the Revised Code or any action filed in court 27413
in a case in which an award of compensation or medical benefits 27414
has been made shall not stay the payment of compensation or 27415
medical benefits under the award, or payment for subsequent 27416
periods of total disability or medical benefits during the 27417
pendency of the appeal. If, in a final administrative or judicial 27418
action, it is determined that payments of compensation or 27419
benefits, or both, made to or on behalf of a claimant should not 27420
have been made, the amount thereof shall be charged to the surplus 27421
fund account under division (B) of section 4123.34 of the Revised 27422
Code. In the event the employer is a state risk, the amount shall 27423
not be charged to the employer's experience, and the administrator 27424
shall adjust the employer's account accordingly. In the event the 27425
employer is a self-insuring employer, the self-insuring employer 27426
shall deduct the amount from the paid compensation the 27427
self-insuring employer reports to the administrator under division 27428
(L) of section 4123.35 of the Revised Code. If an employer is a 27429
state risk and has paid an assessment for a violation of a 27430
specific safety requirement, and, in a final administrative or 27431
judicial action, it is determined that the employer did not 27432
violate the specific safety requirement, the administrator shall 27433
reimburse the employer from the surplus fund account under 27434
division (B) of section 4123.34 of the Revised Code for the amount 27435
of the assessment the employer paid for the violation.27436

       (2)(a) Notwithstanding a final determination that payments of 27437
benefits made to or on behalf of a claimant should not have been 27438
made, the administrator or self-insuring employer shall award 27439
payment of medical or vocational rehabilitation services submitted 27440
for payment after the date of the final determination if all of 27441
the following apply:27442

       (i) The services were approved and were rendered by the 27443
provider in good faith prior to the date of the final 27444
determination.27445

       (ii) The services were payable under division (I) of section 27446
4123.511 of the Revised Code prior to the date of the final 27447
determination.27448

       (iii) The request for payment is submitted within the time 27449
limit set forth in section 4123.52 of the Revised Code.27450

       (b) Payments made under division (H)(1) of this section shall 27451
be charged to the surplus fund account under division (B) of 27452
section 4123.34 of the Revised Code. If the employer of the 27453
employee who is the subject of a claim described in division 27454
(H)(2)(a) of this section is a state fund employer, the payments 27455
made under that division shall not be charged to the employer's 27456
experience. If that employer is a self-insuring employer, the 27457
self-insuring employer shall deduct the amount from the paid 27458
compensation the self-insuring employer reports to the 27459
administrator under division (L) of section 4123.35 of the Revised 27460
Code.27461

       (c) Division (H)(2) of this section shall apply only to a 27462
claim under this chapter or Chapter 4121., 4127., or 4131. of the 27463
Revised Code arising on or after the effective date of this 27464
amendmentJuly 29, 2011.27465

       (3) A self-insuring employer may elect to pay compensation 27466
and benefits under this section directly to an employee or an 27467
employee's dependents by filing an application with the bureau of 27468
workers' compensation not more than one hundred eighty days and 27469
not less than ninety days before the first day of the employer's 27470
next six-month coverage period. If the self-insuring employer 27471
timely files the application, the application is effective on the 27472
first day of the employer's next six-month coverage period, 27473
provided that the administrator shall compute the employer's 27474
assessment for the surplus fund account due with respect to the 27475
period during which that application was filed without regard to 27476
the filing of the application. On and after the effective date of 27477
the employer's election, the self-insuring employer shall pay 27478
directly to an employee or to an employee's dependents 27479
compensation and benefits under this section regardless of the 27480
date of the injury or occupational disease, and the employer shall 27481
receive no money or credits from the surplus fund account on 27482
account of those payments and shall not be required to pay any 27483
amounts into the surplus fund account on account of this section. 27484
The election made under this division is irrevocable.27485

       (I) All actions and proceedings under this section which are 27486
the subject of an appeal to the court of common pleas or the court 27487
of appeals shall be preferred over all other civil actions except 27488
election causes, irrespective of position on the calendar.27489

       This section applies to all decisions of the commission or 27490
the administrator on November 2, 1959, and all claims filed 27491
thereafter are governed by sections 4123.511 and 4123.512 of the 27492
Revised Code.27493

       Any action pending in common pleas court or any other court 27494
on January 1, 1986, under this section is governed by former 27495
sections 4123.514, 4123.515, 4123.516, and 4123.519 and section 27496
4123.522 of the Revised Code.27497

       Sec. 4123.54.  (A) Except as otherwise provided in divisions 27498
(I) and (K) of this section, every employee, who is injured or who 27499
contracts an occupational disease, and the dependents of each 27500
employee who is killed, or dies as the result of an occupational 27501
disease contracted in the course of employment, wherever such 27502
injury has occurred or occupational disease has been contracted, 27503
provided the same were not:27504

       (1) Purposely self-inflicted; or27505

       (2) Caused by the employee being intoxicated or under the 27506
influence of a controlled substance not prescribed by a physician 27507
where the intoxication or being under the influence of the 27508
controlled substance not prescribed by a physician was the 27509
proximate cause of the injury, is entitled to receive, either 27510
directly from the employee's self-insuring employer as provided in 27511
section 4123.35 of the Revised Code, or from the state insurance 27512
fund, the compensation for loss sustained on account of the 27513
injury, occupational disease, or death, and the medical, nurse, 27514
and hospital services and medicines, and the amount of funeral 27515
expenses in case of death, as are provided by this chapter.27516

       (B) For the purpose of this section, provided that an 27517
employer has posted written notice to employees that the results 27518
of, or the employee's refusal to submit to, any chemical test 27519
described under this division may affect the employee's 27520
eligibility for compensation and benefits pursuant to this chapter 27521
and Chapter 4121. of the Revised Code, there is a rebuttable 27522
presumption that an employee is intoxicated or under the influence 27523
of a controlled substance not prescribed by the employee's 27524
physician and that being intoxicated or under the influence of a 27525
controlled substance not prescribed by the employee's physician is 27526
the proximate cause of an injury under either of the following 27527
conditions:27528

       (1) When any one or more of the following is true:27529

       (a) The employee, through a qualifying chemical test 27530
administered within eight hours of an injury, is determined to 27531
have an alcohol concentration level equal to or in excess of the 27532
levels established in divisions (A)(1)(b) to (i) of section 27533
4511.19 of the Revised Code;27534

       (b) The employee, through a qualifying chemical test 27535
administered within thirty-two hours of an injury, is determined 27536
to have one of the following controlled substances not prescribed 27537
by the employee's physician in the employee's system that tests 27538
above the following levels in an enzyme multiplied immunoassay 27539
technique screening test and above the levels established in 27540
division (B)(1)(c) of this section in a gas chromatography mass 27541
spectrometry test:27542

       (i) For amphetamines, one thousand nanograms per milliliter 27543
of urine;27544

       (ii) For cannabinoids, fifty nanograms per milliliter of 27545
urine;27546

       (iii) For cocaine, including crack cocaine, three hundred 27547
nanograms per milliliter of urine;27548

       (iv) For opiates, two thousand nanograms per milliliter of 27549
urine;27550

       (v) For phencyclidine, twenty-five nanograms per milliliter 27551
of urine.27552

       (c) The employee, through a qualifying chemical test 27553
administered within thirty-two hours of an injury, is determined 27554
to have one of the following controlled substances not prescribed 27555
by the employee's physician in the employee's system that tests 27556
above the following levels by a gas chromatography mass 27557
spectrometry test:27558

       (i) For amphetamines, five hundred nanograms per milliliter 27559
of urine;27560

       (ii) For cannabinoids, fifteen nanograms per milliliter of 27561
urine;27562

       (iii) For cocaine, including crack cocaine, one hundred fifty 27563
nanograms per milliliter of urine;27564

       (iv) For opiates, two thousand nanograms per milliliter of 27565
urine;27566

       (v) For phencyclidine, twenty-five nanograms per milliliter 27567
of urine.27568

       (d) The employee, through a qualifying chemical test 27569
administered within thirty-two hours of an injury, is determined 27570
to have barbiturates, benzodiazepines, methadone, or propoxyphene 27571
in the employee's system that tests above levels established by 27572
laboratories certified by the United States department of health 27573
and human services.27574

        (2) When the employee refuses to submit to a requested 27575
chemical test, on the condition that that employee is or was given 27576
notice that the refusal to submit to any chemical test described 27577
in division (B)(1) of this section may affect the employee's 27578
eligibility for compensation and benefits under this chapter and 27579
Chapter 4121. of the Revised Code.27580

       (C)(1) For purposes of division (B) of this section, a 27581
chemical test is a qualifying chemical test if it is administered 27582
to an employee after an injury under at least one of the following 27583
conditions:27584

       (a) When the employee's employer had reasonable cause to 27585
suspect that the employee may be intoxicated or under the 27586
influence of a controlled substance not prescribed by the 27587
employee's physician;27588

       (b) At the request of a police officer pursuant to section 27589
4511.191 of the Revised Code, and not at the request of the 27590
employee's employer;27591

       (c) At the request of a licensed physician who is not 27592
employed by the employee's employer, and not at the request of the 27593
employee's employer.27594

       (2) As used in division (C)(1)(a) of this section, 27595
"reasonable cause" means, but is not limited to, evidence that an 27596
employee is or was using alcohol or a controlled substance drawn 27597
from specific, objective facts and reasonable inferences drawn 27598
from these facts in light of experience and training. These facts 27599
and inferences may be based on, but are not limited to, any of the 27600
following:27601

       (a) Observable phenomena, such as direct observation of use, 27602
possession, or distribution of alcohol or a controlled substance, 27603
or of the physical symptoms of being under the influence of 27604
alcohol or a controlled substance, such as but not limited to 27605
slurred speech, dilated pupils, odor of alcohol or a controlled 27606
substance, changes in affect, or dynamic mood swings;27607

       (b) A pattern of abnormal conduct, erratic or aberrant 27608
behavior, or deteriorating work performance such as frequent 27609
absenteeism, excessive tardiness, or recurrent accidents, that 27610
appears to be related to the use of alcohol or a controlled 27611
substance, and does not appear to be attributable to other 27612
factors;27613

       (c) The identification of an employee as the focus of a 27614
criminal investigation into unauthorized possession, use, or 27615
trafficking of a controlled substance;27616

       (d) A report of use of alcohol or a controlled substance 27617
provided by a reliable and credible source;27618

       (e) Repeated or flagrant violations of the safety or work 27619
rules of the employee's employer, that are determined by the 27620
employee's supervisor to pose a substantial risk of physical 27621
injury or property damage and that appear to be related to the use 27622
of alcohol or a controlled substance and that do not appear 27623
attributable to other factors.27624

       (D) Nothing in this section shall be construed to affect the 27625
rights of an employer to test employees for alcohol or controlled 27626
substance abuse.27627

       (E) For the purpose of this section, laboratories certified 27628
by the United States department of health and human services or 27629
laboratories that meet or exceed the standards of that department 27630
for laboratory certification shall be used for processing the test 27631
results of a qualifying chemical test.27632

       (F) The written notice required by division (B) of this 27633
section shall be the same size or larger than the certificate27634
proof of premium payment noticeworkers' compensation coverage27635
furnished by the bureau of workers' compensation and shall be 27636
posted by the employer in the same location as the certificate27637
proof of premium payment noticeworkers' compensation coverage or 27638
the certificate of self-insurance.27639

       (G) If a condition that pre-existed an injury is 27640
substantially aggravated by the injury, and that substantial 27641
aggravation is documented by objective diagnostic findings, 27642
objective clinical findings, or objective test results, no 27643
compensation or benefits are payable because of the pre-existing 27644
condition once that condition has returned to a level that would 27645
have existed without the injury.27646

       (H)(1) Whenever, with respect to an employee of an employer 27647
who is subject to and has complied with this chapter, there is 27648
possibility of conflict with respect to the application of 27649
workers' compensation laws because the contract of employment is 27650
entered into and all or some portion of the work is or is to be 27651
performed in a state or states other than Ohio, the employer and 27652
the employee may agree to be bound by the laws of this state or by 27653
the laws of some other state in which all or some portion of the 27654
work of the employee is to be performed. The agreement shall be in 27655
writing and shall be filed with the bureau of workers' 27656
compensation within ten days after it is executed and shall remain 27657
in force until terminated or modified by agreement of the parties 27658
similarly filed. If the agreement is to be bound by the laws of 27659
this state and the employer has complied with this chapter, then 27660
the employee is entitled to compensation and benefits regardless 27661
of where the injury occurs or the disease is contracted and the 27662
rights of the employee and the employee's dependents under the 27663
laws of this state are the exclusive remedy against the employer 27664
on account of injury, disease, or death in the course of and 27665
arising out of the employee's employment. If the agreement is to 27666
be bound by the laws of another state and the employer has 27667
complied with the laws of that state, the rights of the employee 27668
and the employee's dependents under the laws of that state are the 27669
exclusive remedy against the employer on account of injury, 27670
disease, or death in the course of and arising out of the 27671
employee's employment without regard to the place where the injury 27672
was sustained or the disease contracted. If an employer and an 27673
employee enter into an agreement under this division, the fact 27674
that the employer and the employee entered into that agreement 27675
shall not be construed to change the status of an employee whose 27676
continued employment is subject to the will of the employer or the 27677
employee, unless the agreement contains a provision that expressly 27678
changes that status.27679

       (2) If any employee or the employee's dependents pursue 27680
workers' compensation benefits or recover damages from the 27681
employer under the laws of another state, the amount awarded or 27682
recovered, whether paid or to be paid in future installments, 27683
shall be credited on the amount of any award of compensation or 27684
benefits made to the employee or the employee's dependents by the 27685
bureau. If an employee or the employee's dependents pursue or27686
receive an award of compensation or benefits under this chapter or 27687
Chapter 4121., 4127., or 4131. of the Revised Code for the same 27688
injury, occupational disease, or death for which the employee or 27689
the employee's dependents previously pursued workers' compensation 27690
benefits and received a decision on the merits as defined in 27691
section 4123.542 of the Revised Code under the laws of another 27692
state or recovered damages under the laws of another state, the 27693
claim shall be disallowed and the administrator or any 27694
self-insuring employer, by any lawful means, may collect thefrom 27695
the employee or the employee's dependents any of the following:27696

       (i) The amount of compensation or benefits paid to or on 27697
behalf of the employee or the employee's dependents by the 27698
administrator or a self-insuring employer pursuant to this chapter 27699
or Chapter 4121., 4127., or 4131. of the Revised Code for that 27700
award;27701

       (ii) Any interest, attorney's fees, and costs the 27702
administrator or the self-insuring employer incurs in collecting 27703
that payment.27704

       (3) If an employee or the employee's dependents receive an 27705
award of compensation or benefits under this chapter or Chapter 27706
4121., 4127., or 4131. of the Revised Code and subsequently 27707
receives workers' compensation benefits or damages under the laws 27708
of another state for the same injury, occupational disease, or 27709
death the claim under this chapter or Chapter 4121., 4127., or 27710
4131. of the Revised Code shall be disallowed. The administrator 27711
or anya self-insuring employer also, by any lawful means, may 27712
collect from the employee or the employee's dependents anyor 27713
other-states' insurer any of the following:27714

       (i) The amount of compensation or benefits paid to or on 27715
behalf of the employee or the employee's dependents by the 27716
administrator or the self-insuring employer pursuant to this 27717
chapter or Chapter 4121., 4127., or 4131. of the Revised Code for 27718
that award;27719

       (ii) Any interest, costs, and attorney's fees the 27720
administrator or the self-insuring employer incurs in collecting 27721
that payment and any attorney's fees, penalties, interest, 27722
awards, and;27723

       (iii) Any costs incurred by an employer in contesting or 27724
responding to any claim filed by the employee or the employee's 27725
dependents for the same injury, occupational disease, or death 27726
that was filed after the original claim for which the employee or 27727
the employee's dependents received a decision on the merits as 27728
described in section 4123.542 of the Revised Code. If27729

       (4) If the employee's employer pays premiums into the state 27730
insurance fund, the administrator shall not charge the amount of 27731
compensation or benefits the administrator collects pursuant to 27732
this division (H)(2) or (3) of this section to the employer's 27733
experience. If the administrator collects any costs, penalties, 27734
interest, awards, or attorney's fees incurred by a state fundan27735
employer in contesting or responding to any claim pursuant to 27736
division (H)(2) or (3) of this section, the administrator shall 27737
forward the amount of such costs, penalties, interest, awards, and 27738
attorney's fees the administrator collectscollected to that 27739
employer. If the employee's employer is a self-insuring employer, 27740
the self-insuring employer shall deduct the amount of compensation 27741
or benefits the self-insuring employer collects pursuant to this 27742
division from the paid compensation the self-insuring employer 27743
reports to the administrator under division (L) of section 4123.35 27744
of the Revised Code.27745

        (3) Except as otherwise stipulated in division (H)(4) of this 27746
section, if(5) If an employee is a resident of a state other than 27747
this state and is insured under the workers' compensation law or 27748
similar laws of a state other than this state, the employee and 27749
the employee's dependents are not entitled to receive compensation 27750
or benefits under this chapter, on account of injury, disease, or 27751
death arising out of or in the course of employment while 27752
temporarily within this state, and the rights of the employee and 27753
the employee's dependents under the laws of the other state are 27754
the exclusive remedy against the employer on account of the 27755
injury, disease, or death.27756

       (4) Division (H)(3) of this section does not apply to an 27757
employee described in that division, or the employee's dependents, 27758
unless both of the following apply:27759

       (a) The laws of the other state limit the ability of an 27760
employee who is a resident of this state and is covered by this 27761
chapter and Chapter 4123. of the Revised Code, or the employee's 27762
dependents, to receive compensation or benefits under the other 27763
state's workers' compensation law on account of injury, disease, 27764
or death incurred by the employee that arises out of or in the 27765
course of the employee's employment while temporarily within that 27766
state in the same manner as specified in division (H)(3) of this 27767
section for an employee who is a resident of a state other than 27768
this state, or the employee's dependents;27769

       (b) The laws of the other state limit the liability of the 27770
employer of the employee who is a resident of this state and who 27771
is described in division (H)(4)(a) of this section for that 27772
injury, disease, or death, in the same manner specified in 27773
division (H)(3) of this section for the employer of an employee 27774
who is a resident of the other state.27775

       (5)(6) An employee, or the dependent of an employee, who 27776
elects to receive compensation and benefits under this chapter or 27777
Chapter 4121., 4127., or 4131. of the Revised Code for a claim may 27778
not receive compensation and benefits under the workers' 27779
compensation laws of any state other than this state for that same 27780
claim. For each claim submitted by or on behalf of an employee, 27781
the administrator or, if the employee is employed by a 27782
self-insuring employer, the self-insuring employer, shall request 27783
the employee or the employee's dependent to sign an election that 27784
affirms the employee's or employee's dependent's acceptance of 27785
electing to receive compensation and benefits under this chapter 27786
or Chapter 4121., 4127., or 4131. of the Revised Code for that 27787
claim that also affirmatively waives and releases the employee's 27788
or the employee's dependent's right to file for and receive 27789
compensation and benefits under the laws of any state other than 27790
this state for that claim. The employee or employee's dependent 27791
shall sign the election form within twenty-eight days after the 27792
administrator or self-insuring employer submits the request or the 27793
administrator or self-insuring employer shall suspenddismiss that 27794
claim until the administrator or self-insuring employer receives 27795
the signed election form.27796

       (I) If an employee who is covered under the federal 27797
"Longshore and Harbor Workers' Compensation Act," 98 Stat. 1639, 27798
33 U.S.C. 901 et seq., is injured or contracts an occupational 27799
disease or dies as a result of an injury or occupational disease, 27800
and if that employee's or that employee's dependents' claim for 27801
compensation or benefits for that injury, occupational disease, or 27802
death is subject to the jurisdiction of that act, the employee or 27803
the employee's dependents are not entitled to apply for and shall 27804
not receive compensation or benefits under this chapter and 27805
Chapter 4121. of the Revised Code. The rights of such an employee 27806
and the employee's dependents under the federal "Longshore and 27807
Harbor Workers' Compensation Act," 98 Stat. 1639, 33 U.S.C. 901 et 27808
seq., are the exclusive remedy against the employer for that 27809
injury, occupational disease, or death.27810

       (J) Compensation or benefits are not payable to a claimant 27811
during the period of confinement of the claimant in any state or 27812
federal correctional institution, or in any county jail in lieu of 27813
incarceration in a state or federal correctional institution, 27814
whether in this or any other state for conviction of violation of 27815
any state or federal criminal law.27816

       (K) An employer, upon the approval of the administrator, may 27817
provide for workers' compensation coverage for the employer's 27818
employees who are professional athletes and coaches by submitting 27819
to the administrator proof of coverage under a league policy 27820
issued under the laws of another state under either of the 27821
following circumstances:27822

       (1) The employer administers the payroll and workers' 27823
compensation insurance for a professional sports team subject to a 27824
collective bargaining agreement, and the collective bargaining 27825
agreement provides for the uniform administration of workers' 27826
compensation benefits and compensation for professional athletes.27827

       (2) The employer is a professional sports league, or is a 27828
member team of a professional sports league, and all of the 27829
following apply:27830

       (a) The professional sports league operates as a single 27831
entity, whereby all of the players and coaches of the sports 27832
league are employees of the sports league and not of the 27833
individual member teams.27834

       (b) The professional sports league at all times maintains 27835
workers' compensation insurance that provides coverage for the 27836
players and coaches of the sports league.27837

       (c) Each individual member team of the professional sports 27838
league, pursuant to the organizational or operating documents of 27839
the sports league, is obligated to the sports league to pay to the 27840
sports league any workers' compensation claims that are not 27841
covered by the workers' compensation insurance maintained by the 27842
sports league.27843

       If the administrator approves the employer's proof of 27844
coverage submitted under division (K) of this section, a 27845
professional athlete or coach who is an employee of the employer 27846
and the dependents of the professional athlete or coach are not 27847
entitled to apply for and shall not receive compensation or 27848
benefits under this chapter and Chapter 4121. of the Revised Code. 27849
The rights of such an athlete or coach and the dependents of such 27850
an athlete or coach under the laws of the state where the policy 27851
was issued are the exclusive remedy against the employer for the 27852
athlete or coach if the athlete or coach suffers an injury or 27853
contracts an occupational disease in the course of employment, or 27854
for the dependents of the athlete or the coach if the athlete or 27855
coach is killed as a result of an injury or dies as a result of an 27856
occupational disease, regardless of the location where the injury 27857
was suffered or the occupational disease was contracted.27858

       Sec. 4123.66.  (A) In addition to the compensation provided 27859
for in this chapter, the administrator of workers' compensation 27860
shall disburse and pay from the state insurance fund the amounts 27861
for medical, nurse, and hospital services and medicine as the 27862
administrator deems proper and, in case death ensues from the 27863
injury or occupational disease, the administrator shall disburse 27864
and pay from the fund reasonable funeral expenses in an amount not 27865
to exceed fifty-five hundred dollars. The bureau of workers' 27866
compensation shall reimburse anyone, whether dependent, volunteer, 27867
or otherwise, who pays the funeral expenses of any employee whose 27868
death ensues from any injury or occupational disease as provided 27869
in this section. The administrator may adopt rules, with the 27870
advice and consent of the bureau of workers' compensation board of 27871
directors, with respect to furnishing medical, nurse, and hospital 27872
service and medicine to injured or disabled employees entitled 27873
thereto, and for the payment therefor. In case an injury or 27874
industrial accident that injures an employee also causes damage to 27875
the employee's eyeglasses, artificial teeth or other denture, or 27876
hearing aid, or in the event an injury or occupational disease 27877
makes it necessary or advisable to replace, repair, or adjust the 27878
same, the bureau shall disburse and pay a reasonable amount to 27879
repair or replace the same.27880

       (B) The administrator, in the rules the administrator adopts 27881
pursuant to division (A) of this section, may adopt rules 27882
specifying the circumstances under which the bureau may make 27883
immediate payment for the first fill of prescription drugs for 27884
medical conditions identified in an application for compensation 27885
or benefits under section 4123.84 or 4123.85 of the Revised Code 27886
that occurs prior to the date the administrator issues an initial 27887
determination order under division (B) of section 4123.511 of the 27888
Revised Code. If the claim is ultimately disallowed in a final 27889
administrative or judicial order, and if the employer is a state 27890
fund employer who pays assessments into the surplus fund account 27891
created under section 4123.34 of the Revised Code, the payments 27892
for medical services made pursuant to this division for the first 27893
fill of prescription drugs shall be charged to and paid from the 27894
surplus fund account and not charged through the state insurance 27895
fund to the employer against whom the claim was filed.27896

       (C)(1) If an employer or a welfare plan has provided to or on 27897
behalf of an employee any benefits or compensation for an injury 27898
or occupational disease and that injury or occupational disease is 27899
determined compensable under this chapter, the employer or a 27900
welfare plan may request that the administrator reimburse the 27901
employer or welfare plan for the amount the employer or welfare 27902
plan paid to or on behalf of the employee in compensation or 27903
benefits. The administrator shall reimburse the employer or 27904
welfare plan for the compensation and benefits paid if, at the 27905
time the employer or welfare plan provides the benefits or 27906
compensation to or on behalf of employee, the injury or 27907
occupational disease had not been determined to be compensable 27908
under this chapter and if the employee was not receiving 27909
compensation or benefits under this chapter for that injury or 27910
occupational disease. The administrator shall reimburse the 27911
employer or welfare plan in the amount that the administrator 27912
would have paid to or on behalf of the employee under this chapter 27913
if the injury or occupational disease originally would have been 27914
determined compensable under this chapter. If the employer is a 27915
merit-rated employer, the administrator shall adjust the amount of 27916
premium next due from the employer according to the amount the 27917
administrator pays the employer. The administrator shall adopt 27918
rules, in accordance with Chapter 119. of the Revised Code, to 27919
implement this division.27920

       (2) As used in this division, "welfare plan" has the same 27921
meaning as in division (1) of 29 U.S.C.A. 1002.27922

       Sec. 4123.82.  (A) All contracts and agreements are void 27923
which undertake to indemnify or insure an employer against loss or 27924
liability for the payment of compensation to workers or their 27925
dependents for death, injury, or occupational disease occasioned 27926
in the course of the workers' employment, or which provide that 27927
the insurer shall pay the compensation, or which indemnify the 27928
employer against damages when the injury, disease, or death arises 27929
from the failure to comply with any lawful requirement for the 27930
protection of the lives, health, and safety of employees, or when 27931
the same is occasioned by the willful act of the employer or any 27932
of the employer's officers or agents, or by which it is agreed 27933
that the insurer shall pay any such damages. No license or 27934
authority to enter into any such agreements or issue any such 27935
policies of insurance shall be granted or issued by any public 27936
authority in this state. Any corporation organized or admitted 27937
under the laws of this state to transact liability insurance as 27938
defined in section 3929.01 of the Revised Code may by amendment of 27939
its articles of incorporation or by original articles of 27940
incorporation, provide therein for the authority and purpose to 27941
make insurance in states, territories, districts, and counties, 27942
other than the state of Ohio, and in the state of Ohio in respect 27943
of contracts permitted by division (B) of this section, 27944
indemnifying employers against loss or liability for payment of 27945
compensation to workers and employees and their dependents for 27946
death, injury, or occupational disease occasioned in the course of 27947
the employment and to insure and indemnify employers against loss, 27948
expense, and liability by risk of bodily injury or death by 27949
accident, disability, sickness, or disease suffered by workers and 27950
employees for which the employer may be liable or has assumed 27951
liability.27952

       (B) Notwithstanding division (A) of this section:27953

       (1) No contract because of that division is void which 27954
undertakes to indemnify a self-insuring employer against all or 27955
part of such employer's loss in excess of at least fifty thousand 27956
dollars from any one disaster or event arising out of the 27957
employer's liability under this chapter, but no insurance 27958
corporation shall, directly or indirectly, represent an employer 27959
in the settlement, adjudication, determination, allowance, or 27960
payment of claims. The superintendent of insurance shall enforce 27961
this prohibition by such disciplinary orders directed against the 27962
offending insurance corporation as the superintendent of insurance 27963
deems appropriate in the circumstances and the administrator of 27964
workers' compensation shall enforce this prohibition by such 27965
disciplinary orders directed against the offending employer as the 27966
administrator deems appropriate in the circumstances, which orders 27967
may include revocation of the insurance corporation's right to 27968
enter into indemnity contracts and revocation of the employer's 27969
status as a self-insuring employer.27970

       (2) The administrator may enter into a contract of indemnity 27971
with any such employer upon such terms, payment of such premium, 27972
and for such amount and form of indemnity as the administrator 27973
determines and the bureau of workers' compensation board of 27974
directors may procure reinsurance of the liability of the public 27975
and private funds under this chapter, or any part of the liability 27976
in respect of either or both of the funds, upon such terms and 27977
premiums or other payments from the fund or funds as the 27978
administrator deems prudent in the maintenance of a solvent fund 27979
or funds from year to year. When making the finding of fact which 27980
the administrator is required by section 4123.35 of the Revised 27981
Code to make with respect to the financial ability of an employer, 27982
no contract of indemnity, or the ability of the employer to 27983
procure such a contract, shall be considered as increasing the 27984
financial ability of the employer.27985

       (C) Nothing in this section shall be construed to prohibit 27986
the administrator or an other-states' insurer from providing to 27987
employers in this state other-states' coverage or limited 27988
other-states' coverage in accordance with section 4123.292 of the 27989
Revised Code.27990

       (D) Notwithstanding any other section of the Revised Code, 27991
but subject to division (A) of this section, the superintendent of 27992
insurance shall have the sole authority to regulate any insurance 27993
products, except for the bureau of workers' compensation and those 27994
products offered by the bureau, that indemnify or insure employers 27995
against workers' compensation losses in this state or that are 27996
sold to employers in this state.27997

       Sec. 4123.83.  Each employer paying premiums into the state 27998
insurance fund or electing directly to pay compensation to the 27999
employer's injured employees or the dependents of the employer's 28000
killed employees as provided in section 4123.35 of the Revised 28001
Code, shall post conspicuously in the employer's place or places 28002
of employment notices, which shall be furnished in adequate number28003
at least annually by the bureau of workers' compensation at the 28004
time of the payment of the premium, stating the fact that the 28005
employer has made the payment, the date thereof, and period for 28006
which the payment is made. The notice shall state that it is proof 28007
of workers' compensation coverage, or that the employer has 28008
complied with section 4123.35 of the Revised Code, and has been 28009
authorized by the administrator of workers' compensation directly 28010
to compensate employees or dependents, and the date of the 28011
authorization. The notice shall indicate that coverage is 28012
contingent on continued payment of premiums and assessments due.28013
The notice, when posted, constitutes sufficient notice to the 28014
employer's employees of the fact that the employer has made 28015
paymentcarries workers' compensation coverage or that the 28016
employer has complied with the elective provisions of section 28017
4123.35 of the Revised Code. 28018

       Sec. 4125.05. (A) Not later than thirty days after November 28019
5, 2004, or not later than thirty days after the formation of a 28020
professional employer organization, whichever date occurs later, a 28021
professional employer organization operating in this state shall 28022
register with the administrator of workers' compensation on forms 28023
provided by the administrator. Following initial registration, 28024
each professional employer organization shall register with the 28025
administrator annually on or before the thirty-first day of 28026
December. Commonly owned or controlled applicants may register as 28027
a professional employer organization reporting entity or register 28028
individually. Registration as a part of a professional employer 28029
organization reporting entity shall not disqualify an individual 28030
professional employer organization from participating in a 28031
group-rated plan under division (A)(4) of section 4123.29 of the 28032
Revised Code.28033

        (B) Initial registration and each annual registration renewal 28034
shall include all of the following:28035

        (1) A list of each of the professional employer 28036
organization's client employers current as of the date of 28037
registration for purposes of initial registration or current as of 28038
the date of annual registration renewal, or within fourteen days 28039
of adding or releasing a client, that includes the client 28040
employer's name, address, federal tax identification number, and 28041
bureau of workers' compensation risk number;28042

        (2) A fee as determined by the administrator;28043

        (3) The name or names under which the professional employer 28044
organization conducts business;28045

        (4) The address of the professional employer organization's 28046
principal place of business and the address of each office it 28047
maintains in this state;28048

        (5) The professional employer organization's taxpayer or 28049
employer identification number;28050

        (6) A list of each state in which the professional employer 28051
organization has operated in the preceding five years, and the 28052
name, corresponding with each state, under which the professional 28053
employer organization operated in each state, including any 28054
alternative names, names of predecessors, and if known, successor 28055
business entities; 28056

       (7) The most recent financial statement prepared and audited 28057
pursuant to division (B) of section 4125.051 of the Revised Code;28058

       (8) If there is any deficit in the working capital required 28059
under division (A) of section 4125.051 of the Revised Code, a 28060
bond, irrevocable letter of credit, or securities with a minimum 28061
market value in an amount sufficient to cover the deficit in 28062
accordance with the requirements of that section;28063

        (9) An attestation of the accuracy of the data submissions 28064
from the chief executive officer of the professional employer 28065
organization.28066

        (C) Upon terms and for periods that the administrator 28067
considers appropriate, the administrator may issue a limited 28068
registration to a professional employer organization or 28069
professional employer organization reporting entity that provides 28070
all of the following items:28071

       (1) A properly executed request for limited registration on a 28072
form provided by the administrator;28073

       (2) All information and materials required for registration 28074
in divisions (B)(1) to (6) of this section;28075

       (3) Information and documentation necessary to show that the 28076
professional employer organization or professional employer 28077
organization reporting entity satisfies all of the following 28078
criteria:28079

       (a) It is domiciled outside of this state.28080

       (b) It is licensed or registered as a professional employer 28081
organization in another state.28082

       (c) It does not maintain an office in this state.28083

       (d) It does not participate in direct solicitations for 28084
client employers located or domiciled in this state.28085

       (e) It has fifty or fewer shared employees employed or 28086
domiciled in this state on any given day.28087

       (D)(1) The administrator, with the advice and consent of the 28088
bureau of workers' compensation board of directors, shallmay28089
adopt rules in accordance with Chapter 119. of the Revised Code to 28090
require, in addition to the requirement under division (B)(8) of 28091
this section and except as otherwise specified in division (D)(2) 28092
of this section, a professional employer organization to provide 28093
security in the form of a bond or letter of credit assignable to 28094
the Ohio bureau of workers' compensation not to exceed an amount 28095
equal to the premiums and assessments incurred for the two most 28096
recent payroll periodspolicy year, prior to any discounts or 28097
dividends, to meet the financial obligations of the professional 28098
employer organization pursuant to this chapter and Chapters 4121. 28099
and 4123. of the Revised Code.28100

       (2) As an alternative to providing security in the form of a 28101
bond or letter of credit under division (D)(1) of this section, 28102
the administrator shall permit a professional employer 28103
organization to make periodic payments of prospective premiums and 28104
assessments to the bureau.28105

       (3) A professional employer organization may appeal the 28106
amount of the security required pursuant to rules adopted under 28107
division (D)(1) of this section in accordance with section 28108
4123.291 of the Revised Code.28109

       (3) A professional employer organization shall pay premiums 28110
and assessments for purposes of Chapters 4121. and 4123. of the 28111
Revised Code on a monthly basis pursuant to division (A) of 28112
section 4123.35 of the Revised Code.28113

       (E) Notwithstanding division (D) of this section, a 28114
professional employer organization that qualifies for 28115
self-insurance or retrospective rating under section 4123.29 or 28116
4123.35 of the Revised Code shall abide by the financial 28117
disclosure and security requirements pursuant to those sections 28118
and the rules adopted under those sections in place of the 28119
requirements specified in division (D) of this section or 28120
specified in rules adopted pursuant to that division.28121

       (F) Except to the extent necessary for the administrator to 28122
administer the statutory duties of the administrator and for 28123
employees of the state to perform their official duties, all 28124
records, reports, client lists, and other information obtained 28125
from a professional employer organization and professional 28126
employer organization reporting entity under divisions (A), (B), 28127
and (C) of this section are confidential and shall be considered 28128
trade secrets and shall not be published or open to public 28129
inspection.28130

       (G) The list described in division (B)(1) of this section 28131
shall be considered a trade secret.28132

        (H) The administrator shall establish the fee described in 28133
division (B)(2) of this section in an amount that does not exceed 28134
the cost of the administration of the initial and renewal 28135
registration process.28136

       (I) A financial statement required under division (B)(7) of 28137
this section for initial registration shall be the most recent 28138
financial statement of the professional employer organization or 28139
professional employer organization reporting entity of which the 28140
professional employer organization is a member and shall not be 28141
older than thirteen months. For each registration renewal, the 28142
professional employer organization shall file the required 28143
financial statement within one hundred eighty days after the end 28144
of the professional employer organization's or professional 28145
employer organization reporting entity's fiscal year. A 28146
professional employer organization may apply to the administrator 28147
for an extension beyond that time if the professional employer 28148
organization provides the administrator with a letter from the 28149
professional employer organization's auditor stating the reason 28150
for delay and the anticipated completion date.28151

       (J) Multiple, unrelated professional employer organizations 28152
shall not combine together for purposes of obtaining workers' 28153
compensation coverage or for forming any type of self-insurance 28154
arrangement available under this chapter. Multiple, unrelated 28155
professional employer organization reporting entities shall not 28156
combine together for purposes of obtaining workers' compensation 28157
coverage or for forming any type of self-insurance arrangement 28158
available under this chapter.28159

       (K) The administrator shall maintain a list of professional 28160
employer organizations and professional employer organization 28161
reporting entities registered under this section that is readily 28162
available to the public by electronic or other means.28163

       Sec. 4141.01.  As used in this chapter, unless the context 28164
otherwise requires:28165

       (A)(1) "Employer" means the state, its instrumentalities, its 28166
political subdivisions and their instrumentalities, Indian tribes, 28167
and any individual or type of organization including any 28168
partnership, limited liability company, association, trust, 28169
estate, joint-stock company, insurance company, or corporation, 28170
whether domestic or foreign, or the receiver, trustee in 28171
bankruptcy, trustee, or the successor thereof, or the legal 28172
representative of a deceased person who subsequent to December 31, 28173
1971, or in the case of political subdivisions or their 28174
instrumentalities, subsequent to December 31, 1973:28175

       (a) Had in employment at least one individual, or in the case 28176
of a nonprofit organization, subsequent to December 31, 1973, had 28177
not less than four individuals in employment for some portion of a 28178
day in each of twenty different calendar weeks, in either the 28179
current or the preceding calendar year whether or not the same 28180
individual was in employment in each such day; or28181

       (b) Except for a nonprofit organization, had paid for service 28182
in employment wages of fifteen hundred dollars or more in any 28183
calendar quarter in either the current or preceding calendar year; 28184
or28185

       (c) Had paid, subsequent to December 31, 1977, for employment 28186
in domestic service in a local college club, or local chapter of a 28187
college fraternity or sorority, cash remuneration of one thousand 28188
dollars or more in any calendar quarter in the current calendar 28189
year or the preceding calendar year, or had paid subsequent to 28190
December 31, 1977, for employment in domestic service in a private 28191
home cash remuneration of one thousand dollars in any calendar 28192
quarter in the current calendar year or the preceding calendar 28193
year:28194

       (i) For the purposes of divisions (A)(1)(a) and (b) of this 28195
section, there shall not be taken into account any wages paid to, 28196
or employment of, an individual performing domestic service as 28197
described in this division.28198

       (ii) An employer under this division shall not be an employer 28199
with respect to wages paid for any services other than domestic 28200
service unless the employer is also found to be an employer under 28201
division (A)(1)(a), (b), or (d) of this section.28202

       (d) As a farm operator or a crew leader subsequent to 28203
December 31, 1977, had in employment individuals in agricultural 28204
labor; and28205

       (i) During any calendar quarter in the current calendar year 28206
or the preceding calendar year, paid cash remuneration of twenty 28207
thousand dollars or more for the agricultural labor; or28208

       (ii) Had at least ten individuals in employment in 28209
agricultural labor, not including agricultural workers who are 28210
aliens admitted to the United States to perform agricultural labor 28211
pursuant to sections 1184(c) and 1101(a)(15)(H) of the 28212
"Immigration and Nationality Act," 66 Stat. 163, 189, 8 U.S.C.A. 28213
1101(a)(15)(H)(ii)(a), 1184(c), for some portion of a day in each 28214
of the twenty different calendar weeks, in either the current or 28215
preceding calendar year whether or not the same individual was in 28216
employment in each day; or28217

       (e) Is not otherwise an employer as defined under division 28218
(A)(1)(a) or (b) of this section; and28219

       (i) For which, within either the current or preceding 28220
calendar year, service, except for domestic service in a private 28221
home not covered under division (A)(1)(c) of this section, is or 28222
was performed with respect to which such employer is liable for 28223
any federal tax against which credit may be taken for 28224
contributions required to be paid into a state unemployment fund;28225

       (ii) Which, as a condition for approval of this chapter for 28226
full tax credit against the tax imposed by the "Federal 28227
Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to 3311, is 28228
required, pursuant to such act to be an employer under this 28229
chapter; or28230

       (iii) Who became an employer by election under division 28231
(A)(4) or (5) of this section and for the duration of such 28232
election; or28233

       (f) In the case of the state, its instrumentalities, its 28234
political subdivisions, and their instrumentalities, and Indian 28235
tribes, had in employment, as defined in divisions (B)(2)(a) and 28236
(B)(2)(l) of this section, at least one individual;28237

       (g) For the purposes of division (A)(1)(a) of this section, 28238
if any week includes both the thirty-first day of December and the 28239
first day of January, the days of that week before the first day 28240
of January shall be considered one calendar week and the days 28241
beginning the first day of January another week.28242

       (2) Each individual employed to perform or to assist in 28243
performing the work of any agent or employee of an employer is 28244
employed by such employer for all the purposes of this chapter, 28245
whether such individual was hired or paid directly by such 28246
employer or by such agent or employee, provided the employer had 28247
actual or constructive knowledge of the work. All individuals 28248
performing services for an employer of any person in this state 28249
who maintains two or more establishments within this state are 28250
employed by a single employer for the purposes of this chapter.28251

       (3) An employer subject to this chapter within any calendar 28252
year is subject to this chapter during the whole of such year and 28253
during the next succeeding calendar year.28254

       (4) An employer not otherwise subject to this chapter who 28255
files with the director of job and family services a written 28256
election to become an employer subject to this chapter for not 28257
less than two calendar years shall, with the written approval of 28258
such election by the director, become an employer subject to this 28259
chapter to the same extent as all other employers as of the date 28260
stated in such approval, and shall cease to be subject to this 28261
chapter as of the first day of January of any calendar year 28262
subsequent to such two calendar years only if at least thirty days 28263
prior to such first day of January the employer has filed with the 28264
director a written notice to that effect.28265

       (5) Any employer for whom services that do not constitute 28266
employment are performed may file with the director a written 28267
election that all such services performed by individuals in the 28268
employer's employ in one or more distinct establishments or places 28269
of business shall be deemed to constitute employment for all the 28270
purposes of this chapter, for not less than two calendar years. 28271
Upon written approval of the election by the director, such 28272
services shall be deemed to constitute employment subject to this 28273
chapter from and after the date stated in such approval. Such 28274
services shall cease to be employment subject to this chapter as 28275
of the first day of January of any calendar year subsequent to 28276
such two calendar years only if at least thirty days prior to such 28277
first day of January such employer has filed with the director a 28278
written notice to that effect.28279

       (B)(1) "Employment" means service performed by an individual 28280
for remuneration under any contract of hire, written or oral, 28281
express or implied, including service performed in interstate 28282
commerce and service performed by an officer of a corporation, 28283
without regard to whether such service is executive, managerial, 28284
or manual in nature, and without regard to whether such officer is 28285
a stockholder or a member of the board of directors of the 28286
corporation, unless it is shown to the satisfaction of the 28287
director that such individual has been and will continue to be 28288
free from direction or control over the performance of such 28289
service, both under a contract of service and in fact. The 28290
director shall adopt rules to define "direction or control."28291

       (2) "Employment" includes:28292

       (a) Service performed after December 31, 1977, by an 28293
individual in the employ of the state or any of its 28294
instrumentalities, or any political subdivision thereof or any of 28295
its instrumentalities or any instrumentality of more than one of 28296
the foregoing or any instrumentality of any of the foregoing and 28297
one or more other states or political subdivisions and without 28298
regard to divisions (A)(1)(a) and (b) of this section, provided 28299
that such service is excluded from employment as defined in the 28300
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301, 28301
3306(c)(7) and is not excluded under division (B)(3) of this 28302
section; or the services of employees covered by voluntary 28303
election, as provided under divisions (A)(4) and (5) of this 28304
section;28305

       (b) Service performed after December 31, 1971, by an 28306
individual in the employ of a religious, charitable, educational, 28307
or other organization which is excluded from the term "employment" 28308
as defined in the "Federal Unemployment Tax Act," 84 Stat. 713, 26 28309
U.S.C.A. 3301 to 3311, solely by reason of section 26 U.S.C.A. 28310
3306(c)(8) of that act and is not excluded under division (B)(3) 28311
of this section;28312

       (c) Domestic service performed after December 31, 1977, for 28313
an employer, as provided in division (A)(1)(c) of this section;28314

       (d) Agricultural labor performed after December 31, 1977, for 28315
a farm operator or a crew leader, as provided in division 28316
(A)(1)(d) of this section;28317

       (e) Service not covered under division (B)(1) of this section 28318
which is performed after December 31, 1971:28319

       (i) As an agent-driver or commission-driver engaged in 28320
distributing meat products, vegetable products, fruit products, 28321
bakery products, beverages other than milk, laundry, or 28322
dry-cleaning services, for the individual's employer or principal;28323

       (ii) As a traveling or city salesperson, other than as an 28324
agent-driver or commission-driver, engaged on a full-time basis in 28325
the solicitation on behalf of and in the transmission to the 28326
salesperson's employer or principal except for sideline sales 28327
activities on behalf of some other person of orders from 28328
wholesalers, retailers, contractors, or operators of hotels, 28329
restaurants, or other similar establishments for merchandise for 28330
resale, or supplies for use in their business operations, provided 28331
that for the purposes of division (B)(2)(e)(ii) of this section, 28332
the services shall be deemed employment if the contract of service 28333
contemplates that substantially all of the services are to be 28334
performed personally by the individual and that the individual 28335
does not have a substantial investment in facilities used in 28336
connection with the performance of the services other than in 28337
facilities for transportation, and the services are not in the 28338
nature of a single transaction that is not a part of a continuing 28339
relationship with the person for whom the services are performed.28340

       (f) An individual's entire service performed within or both 28341
within and without the state if:28342

       (i) The service is localized in this state.28343

       (ii) The service is not localized in any state, but some of 28344
the service is performed in this state and either the base of 28345
operations, or if there is no base of operations then the place 28346
from which such service is directed or controlled, is in this 28347
state or the base of operations or place from which such service 28348
is directed or controlled is not in any state in which some part 28349
of the service is performed but the individual's residence is in 28350
this state.28351

       (g) Service not covered under division (B)(2)(f)(ii) of this 28352
section and performed entirely without this state, with respect to 28353
no part of which contributions are required and paid under an 28354
unemployment compensation law of any other state, the Virgin 28355
Islands, Canada, or of the United States, if the individual 28356
performing such service is a resident of this state and the 28357
director approves the election of the employer for whom such 28358
services are performed; or, if the individual is not a resident of 28359
this state but the place from which the service is directed or 28360
controlled is in this state, the entire services of such 28361
individual shall be deemed to be employment subject to this 28362
chapter, provided service is deemed to be localized within this 28363
state if the service is performed entirely within this state or if 28364
the service is performed both within and without this state but 28365
the service performed without this state is incidental to the 28366
individual's service within the state, for example, is temporary 28367
or transitory in nature or consists of isolated transactions;28368

       (h) Service of an individual who is a citizen of the United 28369
States, performed outside the United States except in Canada after 28370
December 31, 1971, or the Virgin Islands, after December 31, 1971, 28371
and before the first day of January of the year following that in 28372
which the United States secretary of labor approves the Virgin 28373
Islands law for the first time, in the employ of an American 28374
employer, other than service which is "employment" under divisions 28375
(B)(2)(f) and (g) of this section or similar provisions of another 28376
state's law, if:28377

       (i) The employer's principal place of business in the United 28378
States is located in this state;28379

       (ii) The employer has no place of business in the United 28380
States, but the employer is an individual who is a resident of 28381
this state; or the employer is a corporation which is organized 28382
under the laws of this state, or the employer is a partnership or 28383
a trust and the number of partners or trustees who are residents 28384
of this state is greater than the number who are residents of any 28385
other state; or28386

       (iii) None of the criteria of divisions (B)(2)(f)(i) and (ii) 28387
of this section is met but the employer has elected coverage in 28388
this state or the employer having failed to elect coverage in any 28389
state, the individual has filed a claim for benefits, based on 28390
such service, under this chapter.28391

       (i) For the purposes of division (B)(2)(h) of this section, 28392
the term "American employer" means an employer who is an 28393
individual who is a resident of the United States; or a 28394
partnership, if two-thirds or more of the partners are residents 28395
of the United States; or a trust, if all of the trustees are 28396
residents of the United States; or a corporation organized under 28397
the laws of the United States or of any state, provided the term 28398
"United States" includes the states, the District of Columbia, the 28399
Commonwealth of Puerto Rico, and the Virgin Islands.28400

       (j) Notwithstanding any other provisions of divisions (B)(1) 28401
and (2) of this section, service, except for domestic service in a 28402
private home not covered under division (A)(1)(c) of this section, 28403
with respect to which a tax is required to be paid under any 28404
federal law imposing a tax against which credit may be taken for 28405
contributions required to be paid into a state unemployment fund, 28406
or service, except for domestic service in a private home not 28407
covered under division (A)(1)(c) of this section, which, as a 28408
condition for full tax credit against the tax imposed by the 28409
"Federal Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to 28410
3311, is required to be covered under this chapter.28411

       (k) Construction services performed by any individual under a 28412
construction contract, as defined in section 4141.39 of the 28413
Revised Code, if the director determines that the employer for 28414
whom services are performed has the right to direct or control the 28415
performance of the services and that the individuals who perform 28416
the services receive remuneration for the services performed. The 28417
director shall presume that the employer for whom services are 28418
performed has the right to direct or control the performance of 28419
the services if ten or more of the following criteria apply:28420

       (i) The employer directs or controls the manner or method by 28421
which instructions are given to the individual performing 28422
services;28423

       (ii) The employer requires particular training for the 28424
individual performing services;28425

       (iii) Services performed by the individual are integrated 28426
into the regular functioning of the employer;28427

       (iv) The employer requires that services be provided by a 28428
particular individual;28429

       (v) The employer hires, supervises, or pays the wages of the 28430
individual performing services;28431

       (vi) A continuing relationship between the employer and the 28432
individual performing services exists which contemplates 28433
continuing or recurring work, even if not full-time work;28434

       (vii) The employer requires the individual to perform 28435
services during established hours;28436

       (viii) The employer requires that the individual performing 28437
services be devoted on a full-time basis to the business of the 28438
employer;28439

       (ix) The employer requires the individual to perform services 28440
on the employer's premises;28441

       (x) The employer requires the individual performing services 28442
to follow the order of work established by the employer;28443

       (xi) The employer requires the individual performing services 28444
to make oral or written reports of progress;28445

       (xii) The employer makes payment to the individual for 28446
services on a regular basis, such as hourly, weekly, or monthly;28447

       (xiii) The employer pays expenses for the individual 28448
performing services;28449

       (xiv) The employer furnishes the tools and materials for use 28450
by the individual to perform services;28451

       (xv) The individual performing services has not invested in 28452
the facilities used to perform services;28453

       (xvi) The individual performing services does not realize a 28454
profit or suffer a loss as a result of the performance of the 28455
services;28456

       (xvii) The individual performing services is not performing 28457
services for more than two employers simultaneously;28458

       (xviii) The individual performing services does not make the 28459
services available to the general public;28460

       (xix) The employer has a right to discharge the individual 28461
performing services;28462

       (xx) The individual performing services has the right to end 28463
the individual's relationship with the employer without incurring 28464
liability pursuant to an employment contract or agreement.28465

       (l) Service performed by an individual in the employ of an 28466
Indian tribe as defined by section 4(e) of the "Indian 28467
Self-Determination and Education Assistance Act," 88 Stat. 2204 28468
(1975), 25 U.S.C.A. 450b(e), including any subdivision, 28469
subsidiary, or business enterprise wholly owned by an Indian tribe 28470
provided that the service is excluded from employment as defined 28471
in the "Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26 28472
U.S.C.A. 3301 and 3306(c)(7) and is not excluded under division 28473
(B)(3) of this section.28474

       (3) "Employment" does not include the following services if 28475
they are found not subject to the "Federal Unemployment Tax Act," 28476
84 Stat. 713 (1970), 26 U.S.C.A. 3301 to 3311, and if the services 28477
are not required to be included under division (B)(2)(j) of this 28478
section:28479

       (a) Service performed after December 31, 1977, in 28480
agricultural labor, except as provided in division (A)(1)(d) of 28481
this section;28482

       (b) Domestic service performed after December 31, 1977, in a 28483
private home, local college club, or local chapter of a college 28484
fraternity or sorority except as provided in division (A)(1)(c) of 28485
this section;28486

       (c) Service performed after December 31, 1977, for this state 28487
or a political subdivision as described in division (B)(2)(a) of 28488
this section when performed:28489

       (i) As a publicly elected official;28490

       (ii) As a member of a legislative body, or a member of the 28491
judiciary;28492

       (iii) As a military member of the Ohio national guard;28493

       (iv) As an employee, not in the classified service as defined 28494
in section 124.11 of the Revised Code, serving on a temporary 28495
basis in case of fire, storm, snow, earthquake, flood, or similar 28496
emergency;28497

       (v) In a position which, under or pursuant to law, is 28498
designated as a major nontenured policymaking or advisory 28499
position, not in the classified service of the state, or a 28500
policymaking or advisory position the performance of the duties of 28501
which ordinarily does not require more than eight hours per week.28502

       (d) In the employ of any governmental unit or instrumentality 28503
of the United States;28504

       (e) Service performed after December 31, 1971:28505

       (i) Service in the employ of an educational institution or 28506
institution of higher education, including those operated by the 28507
state or a political subdivision, if such service is performed by 28508
a student who is enrolled and is regularly attending classes at 28509
the educational institution or institution of higher education; or28510

       (ii) By an individual who is enrolled at a nonprofit or 28511
public educational institution which normally maintains a regular 28512
faculty and curriculum and normally has a regularly organized body 28513
of students in attendance at the place where its educational 28514
activities are carried on as a student in a full-time program, 28515
taken for credit at the institution, which combines academic 28516
instruction with work experience, if the service is an integral 28517
part of the program, and the institution has so certified to the 28518
employer, provided that this subdivision shall not apply to 28519
service performed in a program established for or on behalf of an 28520
employer or group of employers.28521

       (f) Service performed by an individual in the employ of the 28522
individual's son, daughter, or spouse and service performed by a 28523
child under the age of eighteen in the employ of the child's 28524
father or mother;28525

       (g) Service performed for one or more principals by an 28526
individual who is compensated on a commission basis, who in the 28527
performance of the work is master of the individual's own time and 28528
efforts, and whose remuneration is wholly dependent on the amount 28529
of effort the individual chooses to expend, and which service is 28530
not subject to the "Federal Unemployment Tax Act," 53 Stat. 183 28531
(1939), 26 U.S.C.A. 3301 to 3311. Service performed after December 28532
31, 1971:28533

       (i) By an individual for an employer as an insurance agent or 28534
as an insurance solicitor, if all this service is performed for 28535
remuneration solely by way of commission;28536

       (ii) As a home worker performing work, according to 28537
specifications furnished by the employer for whom the services are 28538
performed, on materials or goods furnished by such employer which 28539
are required to be returned to the employer or to a person 28540
designated for that purpose.28541

       (h) Service performed after December 31, 1971:28542

       (i) In the employ of a church or convention or association of 28543
churches, or in an organization which is operated primarily for 28544
religious purposes and which is operated, supervised, controlled, 28545
or principally supported by a church or convention or association 28546
of churches;28547

       (ii) By a duly ordained, commissioned, or licensed minister 28548
of a church in the exercise of the individual's ministry or by a 28549
member of a religious order in the exercise of duties required by 28550
such order; or28551

       (iii) In a facility conducted for the purpose of carrying out 28552
a program of rehabilitation for individuals whose earning capacity 28553
is impaired by age or physical or mental deficiency or injury, or 28554
providing remunerative work for individuals who because of their 28555
impaired physical or mental capacity cannot be readily absorbed in 28556
the competitive labor market, by an individual receiving such 28557
rehabilitation or remunerative work.28558

       (i) Service performed after June 30, 1939, with respect to 28559
which unemployment compensation is payable under the "Railroad 28560
Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C. 351;28561

       (j) Service performed by an individual in the employ of any 28562
organization exempt from income tax under section 501 of the 28563
"Internal Revenue Code of 1954," if the remuneration for such 28564
service does not exceed fifty dollars in any calendar quarter, or 28565
if such service is in connection with the collection of dues or 28566
premiums for a fraternal beneficial society, order, or association 28567
and is performed away from the home office or is ritualistic 28568
service in connection with any such society, order, or 28569
association;28570

       (k) Casual labor not in the course of an employer's trade or 28571
business; incidental service performed by an officer, appraiser, 28572
or member of a finance committee of a bank, building and loan 28573
association, savings and loan association, or savings association 28574
when the remuneration for such incidental service exclusive of the 28575
amount paid or allotted for directors' fees does not exceed sixty 28576
dollars per calendar quarter is casual labor;28577

       (l) Service performed in the employ of a voluntary employees' 28578
beneficial association providing for the payment of life, 28579
sickness, accident, or other benefits to the members of such 28580
association or their dependents or their designated beneficiaries, 28581
if admission to a membership in such association is limited to 28582
individuals who are officers or employees of a municipal or public 28583
corporation, of a political subdivision of the state, or of the 28584
United States and no part of the net earnings of such association 28585
inures, other than through such payments, to the benefit of any 28586
private shareholder or individual;28587

       (m) Service performed by an individual in the employ of a 28588
foreign government, including service as a consular or other 28589
officer or employee or of a nondiplomatic representative;28590

       (n) Service performed in the employ of an instrumentality 28591
wholly owned by a foreign government if the service is of a 28592
character similar to that performed in foreign countries by 28593
employees of the United States or of an instrumentality thereof 28594
and if the director finds that the secretary of state of the 28595
United States has certified to the secretary of the treasury of 28596
the United States that the foreign government, with respect to 28597
whose instrumentality exemption is claimed, grants an equivalent 28598
exemption with respect to similar service performed in the foreign 28599
country by employees of the United States and of instrumentalities 28600
thereof;28601

       (o) Service with respect to which unemployment compensation 28602
is payable under an unemployment compensation system established 28603
by an act of congress;28604

       (p) Service performed as a student nurse in the employ of a 28605
hospital or a nurses' training school by an individual who is 28606
enrolled and is regularly attending classes in a nurses' training 28607
school chartered or approved pursuant to state law, and service 28608
performed as an intern in the employ of a hospital by an 28609
individual who has completed a four years' course in a medical 28610
school chartered or approved pursuant to state law;28611

       (q) Service performed by an individual under the age of 28612
eighteen in the delivery or distribution of newspapers or shopping 28613
news, not including delivery or distribution to any point for 28614
subsequent delivery or distribution;28615

       (r) Service performed in the employ of the United States or 28616
an instrumentality of the United States immune under the 28617
Constitution of the United States from the contributions imposed 28618
by this chapter, except that to the extent that congress permits 28619
states to require any instrumentalities of the United States to 28620
make payments into an unemployment fund under a state unemployment 28621
compensation act, this chapter shall be applicable to such 28622
instrumentalities and to services performed for such 28623
instrumentalities in the same manner, to the same extent, and on 28624
the same terms as to all other employers, individuals, and 28625
services, provided that if this state is not certified for any 28626
year by the proper agency of the United States under section 3304 28627
of the "Internal Revenue Code of 1954," the payments required of 28628
such instrumentalities with respect to such year shall be refunded 28629
by the director from the fund in the same manner and within the 28630
same period as is provided in division (E) of section 4141.09 of 28631
the Revised Code with respect to contributions erroneously 28632
collected;28633

       (s) Service performed by an individual as a member of a band 28634
or orchestra, provided such service does not represent the 28635
principal occupation of such individual, and which service is not 28636
subject to or required to be covered for full tax credit against 28637
the tax imposed by the "Federal Unemployment Tax Act," 53 Stat. 28638
183 (1939), 26 U.S.C.A. 3301 to 3311. 28639

       (t) Service performed in the employ of a day camp whose 28640
camping season does not exceed twelve weeks in any calendar year, 28641
and which service is not subject to the "Federal Unemployment Tax 28642
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311. Service 28643
performed after December 31, 1971:28644

       (i) In the employ of a hospital, if the service is performed 28645
by a patient of the hospital, as defined in division (W) of this 28646
section;28647

       (ii) For a prison or other correctional institution by an 28648
inmate of the prison or correctional institution;28649

       (iii) Service performed after December 31, 1977, by an inmate 28650
of a custodial institution operated by the state, a political 28651
subdivision, or a nonprofit organization.28652

       (u) Service that is performed by a nonresident alien 28653
individual for the period the individual temporarily is present in 28654
the United States as a nonimmigrant under division (F), (J), (M), 28655
or (Q) of section 101(a)(15) of the "Immigration and Nationality 28656
Act," 66 Stat. 163, 8 U.S.C.A. 1101, as amended, that is excluded 28657
under section 3306(c)(19) of the "Federal Unemployment Tax Act," 28658
53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311.28659

       (v) Notwithstanding any other provisions of division (B)(3) 28660
of this section, services that are excluded under divisions 28661
(B)(3)(g), (j), (k), and (l) of this section shall not be excluded 28662
from employment when performed for a nonprofit organization, as 28663
defined in division (X) of this section, or for this state or its 28664
instrumentalities, or for a political subdivision or its 28665
instrumentalities or for Indian tribes;28666

       (w) Service that is performed by an individual working as an 28667
election official or election worker if the amount of remuneration 28668
received by the individual during the calendar year for services 28669
as an election official or election worker is less than one 28670
thousand dollars;28671

       (x) Service performed for an elementary or secondary school 28672
that is operated primarily for religious purposes, that is 28673
described in subsection 501(c)(3) and exempt from federal income 28674
taxation under subsection 501(a) of the Internal Revenue Code, 26 28675
U.S.C.A. 501;28676

       (y) Service performed by a person committed to a penal 28677
institution.28678

       (z) Service performed for an Indian tribe as described in 28679
division (B)(2)(l) of this section when performed in any of the 28680
following manners:28681

       (i) As a publicly elected official;28682

       (ii) As a member of an Indian tribal council;28683

       (iii) As a member of a legislative or judiciary body;28684

       (iv) In a position which, pursuant to Indian tribal law, is 28685
designated as a major nontenured policymaking or advisory 28686
position, or a policymaking or advisory position where the 28687
performance of the duties ordinarily does not require more than 28688
eight hours of time per week;28689

       (v) As an employee serving on a temporary basis in the case 28690
of a fire, storm, snow, earthquake, flood, or similar emergency.28691

       (aa) Service performed after December 31, 1971, for a 28692
nonprofit organization, this state or its instrumentalities, a 28693
political subdivision or its instrumentalities, or an Indian tribe 28694
as part of an unemployment work-relief or work-training program 28695
assisted or financed in whole or in part by any federal agency or 28696
an agency of a state or political subdivision, thereof, by an 28697
individual receiving the work-relief or work-training.28698

       (bb) Participation in a learn to earn program as defined in 28699
section 4141.293 of the Revised Code.28700

       (4) If the services performed during one half or more of any 28701
pay period by an employee for the person employing that employee 28702
constitute employment, all the services of such employee for such 28703
period shall be deemed to be employment; but if the services 28704
performed during more than one half of any such pay period by an 28705
employee for the person employing that employee do not constitute 28706
employment, then none of the services of such employee for such 28707
period shall be deemed to be employment. As used in division 28708
(B)(4) of this section, "pay period" means a period, of not more 28709
than thirty-one consecutive days, for which payment of 28710
remuneration is ordinarily made to the employee by the person 28711
employing that employee. Division (B)(4) of this section does not 28712
apply to services performed in a pay period by an employee for the 28713
person employing that employee, if any of such service is excepted 28714
by division (B)(3)(o) of this section.28715

       (C) "Benefits" means money payments payable to an individual 28716
who has established benefit rights, as provided in this chapter, 28717
for loss of remuneration due to the individual's unemployment.28718

       (D) "Benefit rights" means the weekly benefit amount and the 28719
maximum benefit amount that may become payable to an individual 28720
within the individual's benefit year as determined by the 28721
director.28722

       (E) "Claim for benefits" means a claim for waiting period or 28723
benefits for a designated week.28724

       (F) "Additional claim" means the first claim for benefits 28725
filed following any separation from employment during a benefit 28726
year; "continued claim" means any claim other than the first claim 28727
for benefits and other than an additional claim.28728

       (G)(1) "Wages" means remuneration paid to an employee by each 28729
of the employee's employers with respect to employment; except 28730
that wages shall not include that part of remuneration paid during 28731
any calendar year to an individual by an employer or such 28732
employer's predecessor in interest in the same business or 28733
enterprise, which in any calendar year is in excess of eight 28734
thousand two hundred fifty dollars on and after January 1, 1992; 28735
eight thousand five hundred dollars on and after January 1, 1993; 28736
eight thousand seven hundred fifty dollars on and after January 1, 28737
1994; and nine thousand dollars on and after January 1, 1995. 28738
Remuneration in excess of such amounts shall be deemed wages 28739
subject to contribution to the same extent that such remuneration 28740
is defined as wages under the "Federal Unemployment Tax Act," 84 28741
Stat. 714 (1970), 26 U.S.C.A. 3301 to 3311, as amended. The 28742
remuneration paid an employee by an employer with respect to 28743
employment in another state, upon which contributions were 28744
required and paid by such employer under the unemployment 28745
compensation act of such other state, shall be included as a part 28746
of remuneration in computing the amount specified in this 28747
division.28748

       (2) Notwithstanding division (G)(1) of this section, if, as 28749
of the computation date for any calendar year, the director 28750
determines that the level of the unemployment compensation fund is 28751
sixty per cent or more below the minimum safe level as defined in 28752
section 4141.25 of the Revised Code, then, effective the first day 28753
of January of the following calendar year, wages subject to this 28754
chapter shall not include that part of remuneration paid during 28755
any calendar year to an individual by an employer or such 28756
employer's predecessor in interest in the same business or 28757
enterprise which is in excess of nine thousand dollars. The 28758
increase in the dollar amount of wages subject to this chapter 28759
under this division shall remain in effect from the date of the 28760
director's determination pursuant to division (G)(2) of this 28761
section and thereafter notwithstanding the fact that the level in 28762
the fund may subsequently become less than sixty per cent below 28763
the minimum safe level.28764

       (H)(1) "Remuneration" means all compensation for personal 28765
services, including commissions and bonuses and the cash value of 28766
all compensation in any medium other than cash, except that in the 28767
case of agricultural or domestic service, "remuneration" includes 28768
only cash remuneration. Gratuities customarily received by an 28769
individual in the course of the individual's employment from 28770
persons other than the individual's employer and which are 28771
accounted for by such individual to the individual's employer are 28772
taxable wages.28773

       The reasonable cash value of compensation paid in any medium 28774
other than cash shall be estimated and determined in accordance 28775
with rules prescribed by the director, provided that 28776
"remuneration" does not include:28777

       (a) Payments as provided in divisions (b)(2) to (b)(16)(20)28778
of section 3306 of the "Federal Unemployment Tax Act," 84 Stat. 28779
713, 26 U.S.C.A. 3301 to 3311, as amended;28780

       (b) The payment by an employer, without deduction from the 28781
remuneration of the individual in the employer's employ, of the 28782
tax imposed upon an individual in the employer's employ under 28783
section 3101 of the "Internal Revenue Code of 1954," with respect 28784
to services performed after October 1, 1941.28785

       (2) "Cash remuneration" means all remuneration paid in cash, 28786
including commissions and bonuses, but not including the cash 28787
value of all compensation in any medium other than cash.28788

       (I) "Interested party" means the director and any party to 28789
whom notice of a determination of an application for benefit 28790
rights or a claim for benefits is required to be given under 28791
section 4141.28 of the Revised Code.28792

       (J) "Annual payroll" means the total amount of wages subject 28793
to contributions during a twelve-month period ending with the last 28794
day of the second calendar quarter of any calendar year.28795

       (K) "Average annual payroll" means the average of the last 28796
three annual payrolls of an employer, provided that if, as of any 28797
computation date, the employer has had less than three annual 28798
payrolls in such three-year period, such average shall be based on 28799
the annual payrolls which the employer has had as of such date.28800

       (L)(1) "Contributions" means the money payments to the state 28801
unemployment compensation fund required of employers by section 28802
4141.25 of the Revised Code and of the state and any of its 28803
political subdivisions electing to pay contributions under section 28804
4141.242 of the Revised Code. Employers paying contributions shall 28805
be described as "contributory employers."28806

       (2) "Payments in lieu of contributions" means the money 28807
payments to the state unemployment compensation fund required of 28808
reimbursing employers under sections 4141.241 and 4141.242 of the 28809
Revised Code.28810

       (M) An individual is "totally unemployed" in any week during 28811
which the individual performs no services and with respect to such 28812
week no remuneration is payable to the individual.28813

       (N) An individual is "partially unemployed" in any week if, 28814
due to involuntary loss of work, the total remuneration payable to 28815
the individual for such week is less than the individual's weekly 28816
benefit amount.28817

       (O) "Week" means the calendar week ending at midnight 28818
Saturday unless an equivalent week of seven consecutive calendar 28819
days is prescribed by the director.28820

       (1) "Qualifying week" means any calendar week in an 28821
individual's base period with respect to which the individual 28822
earns or is paid remuneration in employment subject to this 28823
chapter. A calendar week with respect to which an individual earns 28824
remuneration but for which payment was not made within the base 28825
period, when necessary to qualify for benefit rights, may be 28826
considered to be a qualifying week. The number of qualifying weeks 28827
which may be established in a calendar quarter shall not exceed 28828
the number of calendar weeks in the quarter.28829

       (2) "Average weekly wage" means the amount obtained by 28830
dividing an individual's total remuneration for all qualifying 28831
weeks during the base period by the number of such qualifying 28832
weeks, provided that if the computation results in an amount that 28833
is not a multiple of one dollar, such amount shall be rounded to 28834
the next lower multiple of one dollar.28835

       (P) "Weekly benefit amount" means the amount of benefits an 28836
individual would be entitled to receive for one week of total 28837
unemployment.28838

       (Q)(1) "Base period" means the first four of the last five 28839
completed calendar quarters immediately preceding the first day of 28840
an individual's benefit year, except as provided in division 28841
(Q)(2) of this section.28842

       (2) If an individual does not have sufficient qualifying 28843
weeks and wages in the base period to qualify for benefit rights, 28844
the individual's base period shall be the four most recently 28845
completed calendar quarters preceding the first day of the 28846
individual's benefit year. Such base period shall be known as the 28847
"alternate base period." If information as to weeks and wages for 28848
the most recent quarter of the alternate base period is not 28849
available to the director from the regular quarterly reports of 28850
wage information, which are systematically accessible, the 28851
director may, consistent with the provisions of section 4141.28 of 28852
the Revised Code, base the determination of eligibility for 28853
benefits on the affidavit of the claimant with respect to weeks 28854
and wages for that calendar quarter. The claimant shall furnish 28855
payroll documentation, where available, in support of the 28856
affidavit. The determination based upon the alternate base period 28857
as it relates to the claimant's benefit rights, shall be amended 28858
when the quarterly report of wage information from the employer is 28859
timely received and that information causes a change in the 28860
determination. As provided in division (B) of section 4141.28 of 28861
the Revised Code, any benefits paid and charged to an employer's 28862
account, based upon a claimant's affidavit, shall be adjusted 28863
effective as of the beginning of the claimant's benefit year. No 28864
calendar quarter in a base period or alternate base period shall 28865
be used to establish a subsequent benefit year.28866

       (3) The "base period" of a combined wage claim, as described 28867
in division (H) of section 4141.43 of the Revised Code, shall be 28868
the base period prescribed by the law of the state in which the 28869
claim is allowed.28870

       (4) For purposes of determining the weeks that comprise a 28871
completed calendar quarter under this division, only those weeks 28872
ending at midnight Saturday within the calendar quarter shall be 28873
utilized.28874

       (R)(1) "Benefit year" with respect to an individual means the 28875
fifty-two week period beginning with the first day of that week 28876
with respect to which the individual first files a valid 28877
application for determination of benefit rights, and thereafter 28878
the fifty-two week period beginning with the first day of that 28879
week with respect to which the individual next files a valid 28880
application for determination of benefit rights after the 28881
termination of the individual's last preceding benefit year, 28882
except that the application shall not be considered valid unless 28883
the individual has had employment in six weeks that is subject to 28884
this chapter or the unemployment compensation act of another 28885
state, or the United States, and has, since the beginning of the 28886
individual's previous benefit year, in the employment earned three 28887
times the average weekly wage determined for the previous benefit 28888
year. The "benefit year" of a combined wage claim, as described in 28889
division (H) of section 4141.43 of the Revised Code, shall be the 28890
benefit year prescribed by the law of the state in which the claim 28891
is allowed. Any application for determination of benefit rights 28892
made in accordance with section 4141.28 of the Revised Code is 28893
valid if the individual filing such application is unemployed, has 28894
been employed by an employer or employers subject to this chapter 28895
in at least twenty qualifying weeks within the individual's base 28896
period, and has earned or been paid remuneration at an average 28897
weekly wage of not less than twenty-seven and one-half per cent of 28898
the statewide average weekly wage for such weeks. For purposes of 28899
determining whether an individual has had sufficient employment 28900
since the beginning of the individual's previous benefit year to 28901
file a valid application, "employment" means the performance of 28902
services for which remuneration is payable.28903

       (2) Effective for benefit years beginning on and after 28904
December 26, 2004, any application for determination of benefit 28905
rights made in accordance with section 4141.28 of the Revised Code 28906
is valid if the individual satisfies the criteria described in 28907
division (R)(1) of this section, and if the reason for the 28908
individual's separation from employment is not disqualifying 28909
pursuant to division (D)(2) of section 4141.29 or section 4141.291 28910
of the Revised Code. A disqualification imposed pursuant to 28911
division (D)(2) of section 4141.29 or section 4141.291 of the 28912
Revised Code must be removed as provided in those sections as a 28913
requirement of establishing a valid application for benefit years 28914
beginning on and after December 26, 2004.28915

       (3) The statewide average weekly wage shall be calculated by 28916
the director once a year based on the twelve-month period ending 28917
the thirtieth day of June, as set forth in division (B)(3) of 28918
section 4141.30 of the Revised Code, rounded down to the nearest 28919
dollar. Increases or decreases in the amount of remuneration 28920
required to have been earned or paid in order for individuals to 28921
have filed valid applications shall become effective on Sunday of 28922
the calendar week in which the first day of January occurs that 28923
follows the twelve-month period ending the thirtieth day of June 28924
upon which the calculation of the statewide average weekly wage 28925
was based.28926

       (4) As used in this division, an individual is "unemployed" 28927
if, with respect to the calendar week in which such application is 28928
filed, the individual is "partially unemployed" or "totally 28929
unemployed" as defined in this section or if, prior to filing the 28930
application, the individual was separated from the individual's 28931
most recent work for any reason which terminated the individual's 28932
employee-employer relationship, or was laid off indefinitely or 28933
for a definite period of seven or more days.28934

       (S) "Calendar quarter" means the period of three consecutive 28935
calendar months ending on the thirty-first day of March, the 28936
thirtieth day of June, the thirtieth day of September, and the 28937
thirty-first day of December, or the equivalent thereof as the 28938
director prescribes by rule.28939

       (T) "Computation date" means the first day of the third 28940
calendar quarter of any calendar year.28941

       (U) "Contribution period" means the calendar year beginning 28942
on the first day of January of any year.28943

       (V) "Agricultural labor," for the purpose of this division, 28944
means any service performed prior to January 1, 1972, which was 28945
agricultural labor as defined in this division prior to that date, 28946
and service performed after December 31, 1971:28947

       (1) On a farm, in the employ of any person, in connection 28948
with cultivating the soil, or in connection with raising or 28949
harvesting any agricultural or horticultural commodity, including 28950
the raising, shearing, feeding, caring for, training, and 28951
management of livestock, bees, poultry, and fur-bearing animals 28952
and wildlife;28953

       (2) In the employ of the owner or tenant or other operator of 28954
a farm in connection with the operation, management, conservation, 28955
improvement, or maintenance of such farm and its tools and 28956
equipment, or in salvaging timber or clearing land of brush and 28957
other debris left by hurricane, if the major part of such service 28958
is performed on a farm;28959

       (3) In connection with the production or harvesting of any 28960
commodity defined as an agricultural commodity in section 15 (g) 28961
of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12 28962
U.S.C. 1141j, as amended, or in connection with the ginning of 28963
cotton, or in connection with the operation or maintenance of 28964
ditches, canals, reservoirs, or waterways, not owned or operated 28965
for profit, used exclusively for supplying and storing water for 28966
farming purposes;28967

       (4) In the employ of the operator of a farm in handling, 28968
planting, drying, packing, packaging, processing, freezing, 28969
grading, storing, or delivering to storage or to market or to a 28970
carrier for transportation to market, in its unmanufactured state, 28971
any agricultural or horticultural commodity, but only if the 28972
operator produced more than one half of the commodity with respect 28973
to which such service is performed;28974

       (5) In the employ of a group of operators of farms, or a 28975
cooperative organization of which the operators are members, in 28976
the performance of service described in division (V)(4) of this 28977
section, but only if the operators produced more than one-half of 28978
the commodity with respect to which the service is performed;28979

       (6) Divisions (V)(4) and (5) of this section shall not be 28980
deemed to be applicable with respect to service performed:28981

       (a) In connection with commercial canning or commercial 28982
freezing or in connection with any agricultural or horticultural 28983
commodity after its delivery to a terminal market for distribution 28984
for consumption; or28985

       (b) On a farm operated for profit if the service is not in 28986
the course of the employer's trade or business.28987

       As used in division (V) of this section, "farm" includes 28988
stock, dairy, poultry, fruit, fur-bearing animal, and truck farms, 28989
plantations, ranches, nurseries, ranges, greenhouses, or other 28990
similar structures used primarily for the raising of agricultural 28991
or horticultural commodities and orchards.28992

       (W) "Hospital" means an institution which has been registered 28993
or licensed by the Ohio department of health as a hospital.28994

       (X) "Nonprofit organization" means an organization, or group 28995
of organizations, described in section 501(c)(3) of the "Internal 28996
Revenue Code of 1954," and exempt from income tax under section 28997
501(a) of that code.28998

       (Y) "Institution of higher education" means a public or 28999
nonprofit educational institution, including an educational 29000
institution operated by an Indian tribe, which:29001

       (1) Admits as regular students only individuals having a 29002
certificate of graduation from a high school, or the recognized 29003
equivalent;29004

       (2) Is legally authorized in this state or by the Indian 29005
tribe to provide a program of education beyond high school; and29006

       (3) Provides an educational program for which it awards a 29007
bachelor's or higher degree, or provides a program which is 29008
acceptable for full credit toward such a degree, a program of 29009
post-graduate or post-doctoral studies, or a program of training 29010
to prepare students for gainful employment in a recognized 29011
occupation.29012

       For the purposes of this division, all colleges and 29013
universities in this state are institutions of higher education.29014

       (Z) For the purposes of this chapter, "states" includes the 29015
District of Columbia, the Commonwealth of Puerto Rico, and the 29016
Virgin Islands.29017

       (AA) "Alien" means, for the purposes of division (A)(1)(d) of 29018
this section, an individual who is an alien admitted to the United 29019
States to perform service in agricultural labor pursuant to 29020
sections 214 (c) and 101 (a)(15)(H) of the "Immigration and 29021
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101.29022

       (BB)(1) "Crew leader" means an individual who furnishes 29023
individuals to perform agricultural labor for any other employer 29024
or farm operator, and:29025

       (a) Pays, either on the individual's own behalf or on behalf 29026
of the other employer or farm operator, the individuals so 29027
furnished by the individual for the service in agricultural labor 29028
performed by them;29029

       (b) Has not entered into a written agreement with the other 29030
employer or farm operator under which the agricultural worker is 29031
designated as in the employ of the other employer or farm 29032
operator.29033

       (2) For the purposes of this chapter, any individual who is a 29034
member of a crew furnished by a crew leader to perform service in 29035
agricultural labor for any other employer or farm operator shall 29036
be treated as an employee of the crew leader if:29037

       (a) The crew leader holds a valid certificate of registration 29038
under the "Farm Labor Contractor Registration Act of 1963," 90 29039
Stat. 2668, 7 U.S.C. 2041; or29040

       (b) Substantially all the members of the crew operate or 29041
maintain tractors, mechanized harvesting or crop-dusting 29042
equipment, or any other mechanized equipment, which is provided by 29043
the crew leader; and29044

       (c) If the individual is not in the employment of the other 29045
employer or farm operator within the meaning of division (B)(1) of 29046
this section.29047

       (3) For the purposes of this division, any individual who is 29048
furnished by a crew leader to perform service in agricultural 29049
labor for any other employer or farm operator and who is not 29050
treated as in the employment of the crew leader under division 29051
(BB)(2) of this section shall be treated as the employee of the 29052
other employer or farm operator and not of the crew leader. The 29053
other employer or farm operator shall be treated as having paid 29054
cash remuneration to the individual in an amount equal to the 29055
amount of cash remuneration paid to the individual by the crew 29056
leader, either on the crew leader's own behalf or on behalf of the 29057
other employer or farm operator, for the service in agricultural 29058
labor performed for the other employer or farm operator.29059

       (CC) "Educational institution" means an institution other 29060
than an institution of higher education as defined in division (Y) 29061
of this section, including an educational institution operated by 29062
an Indian tribe, which:29063

       (1) Offers participants, trainees, or students an organized 29064
course of study or training designed to transfer to them 29065
knowledge, skills, information, doctrines, attitudes, or abilities 29066
from, by, or under the guidance of an instructor or teacher; and29067

       (2) Is approved, chartered, or issued a permit to operate as 29068
a school by the state board of education, other government agency, 29069
or Indian tribe that is authorized within the state to approve, 29070
charter, or issue a permit for the operation of a school.29071

       For the purposes of this division, the courses of study or 29072
training which the institution offers may be academic, technical, 29073
trade, or preparation for gainful employment in a recognized 29074
occupation.29075

       (DD) "Cost savings day" means any unpaid day off from work in 29076
which employees continue to accrue employee benefits which have a 29077
determinable value including, but not limited to, vacation, 29078
pension contribution, sick time, and life and health insurance.29079

       Sec. 4141.09.  (A) There is hereby created an unemployment 29080
compensation fund to be administered by the state without 29081
liability on the part of the state beyond the amounts paid into 29082
the fund and earned by the fund. The unemployment compensation 29083
fund shall consist of all contributions, payments in lieu of 29084
contributions described in sections 4141.241 and 4141.242 of the 29085
Revised Code, reimbursements of the federal share of extended 29086
benefits described in section 4141.301 of the Revised Code, 29087
collected under sections 4141.01 to 4141.56 of the Revised Code, 29088
and the amount required under division (A)(4) of section 4141.35 29089
of the Revised Code, together with all interest earned upon any 29090
moneys deposited with the secretary of the treasury of the United 29091
States to the credit of the account of this state in the 29092
unemployment trust fund established and maintained pursuant to 29093
section 904 of the "Social Security Act," any property or 29094
securities acquired through the use of moneys belonging to the 29095
fund, and all earnings of such property or securities. The 29096
unemployment compensation fund shall be used to pay benefits, 29097
shared work compensation as defined in section 4141.50 of the 29098
Revised Code, and refunds as provided by such sections and for no 29099
other purpose.29100

       (B) The treasurer of state shall be the custodian of the 29101
unemployment compensation fund and shall administer such fund in 29102
accordance with the directions of the director of job and family 29103
services. All disbursements therefrom shall be paid by the 29104
treasurer of state on warrants drawn by the director. Such 29105
warrants may bear the facsimile signature of the director printed 29106
thereon and that of a deputy or other employee of the director 29107
charged with the duty of keeping the account of the unemployment 29108
compensation fund and with the preparation of warrants for the 29109
payment of benefits to the persons entitled thereto. Moneys in the 29110
clearing and benefit accounts shall not be commingled with other 29111
state funds, except as provided in division (C) of this section, 29112
but shall be maintained in separate accounts on the books of the 29113
depositary bank. Such money shall be secured by the depositary 29114
bank to the same extent and in the same manner as required by 29115
sections 135.01 to 135.21 of the Revised Code; and collateral 29116
pledged for this purpose shall be kept separate and distinct from 29117
any collateral pledged to secure other funds of this state. All 29118
sums recovered for losses sustained by the unemployment 29119
compensation fund shall be deposited therein. The treasurer of 29120
state shall be liable on the treasurer's official bond for the 29121
faithful performance of the treasurer's duties in connection with 29122
the unemployment compensation fund, such liability to exist in 29123
addition to any liability upon any separate bond.29124

       (C) The treasurer of state shall maintain within the 29125
unemployment compensation fund three separate accounts which shall 29126
be a clearing account, a trust fund account, and a benefit 29127
account. All moneys payable to the unemployment compensation fund, 29128
upon receipt by the director, shall be forwarded to the treasurer 29129
of state, who shall immediately deposit them in the clearing 29130
account. Refunds of contributions, or payments in lieu of 29131
contributions, payable pursuant to division (E) of this section 29132
may be paid from the clearing account upon warrants signed by a 29133
deputy or other employee of the director charged with the duty of 29134
keeping the record of the clearing account and with the 29135
preparation of warrants for the payment of refunds to persons 29136
entitled thereto. After clearance thereof, all moneys in the 29137
clearing account shall be deposited with the secretary of the 29138
treasury of the United States to the credit of the account of this 29139
state in the unemployment trust fund established and maintained 29140
pursuant to section 904 of the "Social Security Act," in 29141
accordance with requirements of the "Federal Unemployment Tax 29142
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301, 3304(a)(3), any law 29143
in this state relating to the deposit, administration, release, or 29144
disbursement of moneys in the possession or custody of this state 29145
to the contrary notwithstanding. The benefit account shall consist 29146
of all moneys requisitioned from this state's account in the 29147
unemployment trust fund. Federal funds may be deposited, at the 29148
director's discretion, into the benefit account. Any funds 29149
deposited into the benefit account shall be disbursed solely for 29150
payment of benefits under a federal program administered by this 29151
state and for no other purpose. Moneys in the clearing and benefit 29152
accounts may be deposited by the treasurer of state, under the 29153
direction of the director, in any bank or public depositary in 29154
which general funds of the state may be deposited, but no public 29155
deposit insurance charge or premium shall be paid out of the fund.29156

       (D) Moneys shall be requisitioned from this state's account 29157
in the unemployment trust fund solely for the payment of benefits 29158
and in accordance with regulations prescribed by the director. The 29159
director shall requisition from the unemployment trust fund such 29160
amounts, not exceeding the amount standing to this state's account 29161
therein, as are deemed necessary for the payment of benefits for a 29162
reasonable future period. Upon receipt thereof, the treasurer of 29163
state shall deposit such moneys in the benefit account. 29164
Expenditures of such money in the benefit account and refunds from 29165
the clearing account shall not require specific appropriations or 29166
other formal release by state officers of money in their custody. 29167
Any balance of moneys requisitioned from the unemployment trust 29168
fund which remains unclaimed or unpaid in the benefit account 29169
after the expiration of the period for which such sums were 29170
requisitioned shall either be deducted from estimates for and may 29171
be utilized for the payment of benefits during succeeding periods, 29172
or, in the discretion of the director, shall be redeposited with 29173
the secretary of the treasury of the United States to the credit 29174
of this state's account in the unemployment trust fund, as 29175
provided in division (C) of this section. Unclaimed or unpaid 29176
federal funds redeposited with the secretary of the treasury of 29177
the United States shall be credited to the appropriate federal 29178
account.29179

       (E) No claim for an adjustment or a refund on contribution, 29180
payment in lieu of contributions, interest, or forfeiture alleged 29181
to have been erroneously or illegally assessed or collected, or 29182
alleged to have been collected without authority, and no claim for 29183
an adjustment or a refund of any sum alleged to have been 29184
excessive or in any manner wrongfully collected shall be allowed 29185
unless an application, in writing, therefor is made within four 29186
years from the date on which such payment was made. If the 29187
director determines that such contribution, payment in lieu of 29188
contributions, interest, or forfeiture, or any portion thereof, 29189
was erroneously collected, the director shall allow such employer 29190
to make an adjustment thereof without interest in connection with 29191
subsequent contribution payments, or payments in lieu of 29192
contributions, by the employer, or the director may refund said 29193
amount, without interest, from the clearing account of the 29194
unemployment compensation fund, except as provided in division (B) 29195
of section 4141.11 of the Revised Code. For like cause and within 29196
the same period, adjustment or refund may be so made on the 29197
director's own initiative. An overpayment of contribution, payment 29198
in lieu of contributions, interest, or forfeiture for which an 29199
employer has not made application for refund prior to the date of 29200
sale of the employer's business shall accrue to the employer's 29201
successor in interest.29202

       An application for an adjustment or a refund, or any portion 29203
thereof, that is rejected is binding upon the employer unless, 29204
within thirty days after the mailing of a written notice of 29205
rejection to the employer's last known address, or, in the absence 29206
of mailing of such notice, within thirty days after the delivery 29207
of such notice, the employer files an application for a review and 29208
redetermination setting forth the reasons therefor. The director 29209
shall promptly examine the application for review and 29210
redetermination, and if a review is granted, the employer shall be 29211
promptly notified thereof, and shall be granted an opportunity for 29212
a prompt hearing.29213

       (F) If the director finds that contributions have been paid 29214
to the director in error, and that such contributions should have 29215
been paid to a department of another state or of the United States 29216
charged with the administration of an unemployment compensation 29217
law, the director may upon request by such department or upon the 29218
director's own initiative transfer to such department the amount 29219
of such contributions, less any benefits paid to claimants whose 29220
wages were the basis for such contributions. The director may 29221
request and receive from such department any contributions or 29222
adjusted contributions paid in error to such department which 29223
should have been paid to the director.29224

       (G) In accordance with section 303(c)(3) of the Social 29225
Security Act, and section 3304(a)(17) of the Internal Revenue Code 29226
of 1954 for continuing certification of Ohio unemployment 29227
compensation laws for administrative grants and for tax credits, 29228
any interest required to be paid on advances under Title XII of 29229
the Social Security Act shall be paid in a timely manner and shall 29230
not be paid, directly or indirectly, by an equivalent reduction in 29231
the Ohio unemployment taxes or otherwise, by the state from 29232
amounts in the unemployment compensation fund.29233

       (H) The treasurer of state, under the direction of the 29234
director and in accordance with the "Cash Management Improvement 29235
Act of 1990," 104 Stat. 1061, 31 U.S.C.A. 335, 6503, shall deposit 29236
amounts of interest earned by the state on funds in the benefit 29237
account established pursuant to division (C) of this section into 29238
the department of job and family services banking fees fund, which 29239
is hereby created in the state treasury for the purpose of paying 29240
related banking costs incurred by the state for the period for 29241
which the interest is calculated, except that if the deposited 29242
interest exceeds the banking costs incurred by the state for the 29243
period for which the interest is calculated, the treasurer of 29244
state shall deposit the excess interest into the unemployment 29245
trust fund.29246

       (I) The treasurer of state, under the direction of the 29247
director, shall deposit federal funds received by the director for 29248
training and administration and for payment of benefits, job 29249
search, relocation, transportation, and subsistence allowances 29250
pursuant to the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 29251
2101, as amended; the "North American Free Trade Agreement 29252
Implementation Act," 107 Stat. 2057 (1993), 19 U.S.C.A. 3301, as 29253
amended; and the "Trade Act of 2002," 116 Stat. 993, 19 U.S.C.A. 29254
3801, as amended, into the Trade Act training and administration 29255
account, which is hereby created for the purpose of making 29256
payments specified under those acts. The treasurer of state, under 29257
the direction of the director, may transfer funds from the Trade 29258
Act training and administration account to the benefit account for 29259
the purpose of making any payments directly to claimants for 29260
benefits, job search, relocation, transportation, and subsistence 29261
allowances, as specified by those acts.29262

       Sec. 4141.11.  There is hereby created in the state treasury 29263
the unemployment compensation special administrative fund. The 29264
fund shall consist of all interest collected on delinquent 29265
contributions pursuant to this chapter, all fines and forfeitures 29266
collected under this chapter, all money received from the sale of 29267
real property under section 4141.131 of the Revised Code, the 29268
amount required under division (A)(4) of section 4141.35 of the 29269
Revised Code, and all court costs and interest paid or collected 29270
in connection with the repayment of fraudulently obtained benefits 29271
pursuant to section 4141.35 of the Revised Code. All interest 29272
earned on the money in the fund shall be retained in the fund and 29273
shall not be credited or transferred to any other fund or account, 29274
except as provided in division (B) of this section. All moneys 29275
which are deposited or paid into this fund may be used by:29276

       (A) The director of job and family services whenever it 29277
appears that such use is necessary for:29278

       (1) The proper administration of this chapter and no federal 29279
funds are available for the specific purpose for which the 29280
expenditure is to be made, provided the moneys are not substituted 29281
for appropriations from federal funds, which in the absence of 29282
such moneys would be available;29283

       (2) The proper administration of this chapter for which 29284
purpose appropriations from federal funds have been requested and 29285
approved but not received, provided the fund would be reimbursed 29286
upon receipt of the federal appropriation;29287

       (3) To the extent possible, the repayment to the unemployment 29288
compensation administration fund of moneys found by the proper 29289
agency of the United States to have been lost or expended for 29290
purposes other than, or an amount in excess of, those found 29291
necessary by the proper agency of the United States for the 29292
administration of this chapter.29293

       (B) The director or the director's deputy whenever it appears 29294
that such use is necessary for the payment of refunds or 29295
adjustments of interest, fines, forfeitures, or court costs 29296
erroneously collected and paid into this fund pursuant to this 29297
chapter.29298

       (C) The director, to pay state disaster unemployment benefits 29299
pursuant to section 4141.292 of the Revised Code. 29300

       (D) The director, to pay any costs attributable to the 29301
director that are associated with the sale of real property under 29302
section 4141.131 of the Revised Code. 29303

       Whenever the balance in the unemployment compensation special 29304
administrative fund is considered to be excessive by the director, 29305
the director shall request the director of budget and management 29306
to transfer to the unemployment compensation fund the amount 29307
considered to be excessive. Any balance in the unemployment 29308
compensation special administrative fund shall not lapse at any 29309
time, but shall be continuously available to the director of job 29310
and family services for expenditures consistent with this chapter.29311

       Sec. 4141.131. (A) The director of job and family services 29312
may enter into contracts for the sale of real property no longer 29313
needed by the director for the operations of the director under 29314
this title. Any costs attributable to the director that are 29315
associated with the sale of real property under this section shall 29316
be paid out of the unemployment compensation special 29317
administrative fund established pursuant to section 4141.11 of the 29318
Revised Code. The director shall submit a report summarizing the 29319
use of that fund for the purpose of this section at least annually 29320
to the unemployment compensation advisory council as prescribed by 29321
the council.29322

       (B)(1) Earnest moneys from the sale of real property pursuant 29323
to division (A) of this section shall be deposited into the 29324
department of job and family services building consolidation fund, 29325
which is hereby created in the state treasury. The balance of the 29326
purchase price shall be deposited into the department of job and 29327
family services building enhancement fund, which is hereby created 29328
in the state treasury. The building enhancement fund shall retain 29329
its own interest. Upon completion of the sale and the request of 29330
the director, the treasurer of state shall transfer the earnest 29331
moneys in the building consolidation fund into the building 29332
enhancement fund. The director shall use the interest earned on 29333
the moneys in the building enhancement fund only in accordance 29334
with division (C) of this section.29335

       (2) The director shall deposit sufficient moneys from the 29336
sale of real property pursuant to division (A) of this section 29337
into the unemployment compensation special administrative fund to 29338
reimburse the fund for all costs associated with the sale of that 29339
real property.29340

       (C) The director shall use the moneys in the building 29341
enhancement fund from the sale of real property pursuant to 29342
division (A) of this section, less the costs of the sale as 29343
specified in division (B)(2) of this section, in accordance with 29344
the provisions and requirements of the "Social Security Act," 49 29345
Stat. 626 (1935), 52 U.S.C. 502(a) and 1103(c)(2), and the 29346
instructions of the United States department of labor, to improve 29347
buildings owned by or under the control of the director. If the 29348
director determines that there are no buildings for which money in 29349
the building enhancement fund may be used, the money shall be 29350
returned to the United States department of labor.29351

       (D) The auditor of state, with the assistance of the attorney 29352
general, shall prepare a deed to the real property being sold upon 29353
notice from the director that a contract for the sale of that 29354
property has been executed in accordance with this section. The 29355
deed shall state the consideration and any conditions placed upon 29356
the sale. The deed shall be executed by the governor in the name 29357
of the state, countersigned by the secretary of state, sealed with 29358
the great seal of the state, presented in the office of the 29359
auditor of state for recording, and delivered to the buyer upon 29360
payment of the balance of the purchase price.29361

       The buyer shall present the deed for recording in the county 29362
recorder's office of the county in which the real property is 29363
located.29364

       Sec. 4141.20.  (A) Every employer, including those not 29365
otherwise subject to this chapter, shall furnish the director of 29366
job and family services upon request all information required by 29367
the director to carry out the requirements of this chapter. Every 29368
employer receiving from the director any blank with direction to 29369
fill it out shall cause it to be properly filled out, in the 29370
manner prescribed by the director, so as to answer fully and 29371
correctly all questions therein propounded, and shall furnish all 29372
the information therein sought, or, if unable to do so, that 29373
employer shall give the director in writing good and sufficient 29374
reason for such failure.29375

       The director may require that such information be verified 29376
under oath and returned to the director within the period fixed by 29377
the director or by law. The director or any person employed by the 29378
director for that purpose may examine under oath any such 29379
employer, or the officer, agent, or employee of that employer, for 29380
the purpose of ascertaining any information that the employer is 29381
required by this chapter to furnish to the director. Any employer 29382
who fails to furnish information as is required by the director 29383
under authority of this section shall forfeit five hundred dollars 29384
to be collected in a civil action brought against the employer in 29385
the name of the state.29386

       (B) Effective with the calendar quarter beginning April 1, 29387
1987, every contributory employer shall file a quarterly 29388
contribution report and a quarterly report of wages. The quarterly 29389
reports shall be filed no later than the last day of the first 29390
month following the close of the calendar quarter for which the 29391
quarterly reports are being filed. The employer shall enter on the 29392
quarterly contribution report the total and taxable remuneration 29393
paid to all employees during the quarter. The employer shall enter 29394
on the quarterly report of wages the name and social security 29395
number of each individual employed during the calendar quarter, 29396
the total remuneration paid the individual, the number of weeks 29397
during the quarter for which the individual was paid remuneration, 29398
and any other information as required by section 1137 of the 29399
"Social Security Act."29400

       Effective until the calendar quarter beginning January 1, 29401
1993, in case of failure to file the quarterly contribution report 29402
or the report of wages containing all the required contribution 29403
and wage information within the time prescribed by this section, 29404
there shall be assessed a forfeiture amounting to ten per cent of 29405
the contributions due; provided such forfeiture shall not be less 29406
than twenty-five nor more than two hundred fifty dollars. The 29407
director may waive the forfeiture only with respect to the report 29408
of wages, and the waiver may be approved only if the employer 29409
shows good cause for failure to file the required information.29410

       Effective with the calendar quarter beginning January 1, 29411
1993, in case of failure to file the quarterly contribution report 29412
containing all the required information within the time prescribed 29413
by this section, there shall be assessed a forfeiture amounting to 29414
twenty-five one-hundredths of one per cent of the total 29415
remuneration paid by the employer, provided such forfeiture shall 29416
not be less than thirty nor more than five hundred dollars per 29417
quarterly contribution report. The director may waive the 29418
forfeiture only if the employer provides to the director a written 29419
statement showing good cause for failure to file the required 29420
quarterly contribution report.29421

       Effective with the calendar quarter beginning January 1, 29422
1993, in case of failure to file the quarterly report of wages 29423
containing all the required information within the time prescribed 29424
by this section, there shall be assessed a forfeiture amounting to 29425
twenty-five one-hundredths of one per cent of the total 29426
remuneration paid by the employer, provided such forfeiture shall 29427
be not less than thirty nor more than five hundred dollars per 29428
quarterly report of wages. The director may waive the forfeiture 29429
only if the employer provides to the director a written statement 29430
showing good cause for failure to file the required quarterly 29431
report of wages.29432

       (C) Effective with the calendar quarter beginning April 1, 29433
1987, every employer liable for payments in lieu of contributions 29434
shall file a quarterly payroll report and a quarterly report of 29435
wages. The employer shall file the quarterly reports no later than 29436
the last day of the first month following the close of the 29437
calendar quarter for which the quarterly reports are being filed. 29438
The employer shall enter on the quarterly payroll report the total 29439
remuneration paid to all employees during the quarter and the 29440
total wages that would have been taxable had the employer been 29441
subject to contributions. The employer shall enter on the 29442
quarterly report of wages the name and social security number of 29443
each individual employed during the calendar quarter, the total 29444
remuneration paid the individual, the number of weeks during the 29445
quarter for which the individual was paid remuneration, and any 29446
other information as required by section 1137 of the "Social 29447
Security Act."29448

       Effective until the calendar quarter beginning January 1, 29449
1993, in case of failure to file the quarterly payroll report or 29450
the report of wages containing all of the required payroll or wage 29451
information within the time prescribed by this section, the 29452
employer shall be assessed a forfeiture of twenty-five dollars per 29453
report. The director may waive the forfeiture only with respect to 29454
the report of wages, and such waiver may be approved only if the 29455
employer shows good cause for failure to file the required 29456
information.29457

       Effective with the calendar quarter beginning January 1, 29458
1993, in case of failure to file the quarterly payroll report 29459
containing all the required wage information within the time 29460
prescribed by this section, the employer shall be assessed a 29461
forfeiture amounting to twenty-five one-hundredths of one per cent 29462
of the total remuneration paid by the employer, provided such 29463
forfeiture shall not be less than thirty nor more than five 29464
hundred dollars per quarterly payroll report. The director may 29465
waive the forfeiture only if the employer provides to the director 29466
a written statement showing good cause for failure to file the 29467
required quarterly payroll report.29468

       Effective with the calendar quarter beginning January 1, 29469
1993, in case of failure to file the quarterly report of wages 29470
containing all the required information within the time prescribed 29471
by this section, there shall be assessed a forfeiture amounting to 29472
twenty-five one-hundredths of one per cent of the total 29473
remuneration paid by the employer, provided such forfeiture shall 29474
be not less than thirty nor more than five hundred dollars per 29475
quarterly report of wages. The director may waive the forfeiture 29476
only if the employer provides to the director a written statement 29477
showing good cause for failure to file the required quarterly 29478
report of wages.29479

       (D) Effective with the calendar quarter beginning January 1, 29480
2002, everyEvery contributory employer shall file a quarterly 29481
contribution and wage report. The quarterly report shall be filed 29482
not later than the last day of the first month following the close 29483
of the calendar quarter for which the quarterly report is being 29484
filed. The employer shall enter on the quarterly report the total 29485
and taxable remuneration paid to all employees during the quarter, 29486
the name and social security number of each individual employed 29487
during the calendar quarter, the total remuneration paid the 29488
individual, the number of weeks during the quarter for which the 29489
individual was paid remuneration, and any other information as 29490
required by section 1137 of the "Social Security Act."29491

       Effective with the calendar quarter beginning January 1, 29492
2002, inIn case of failure to properly file the quarterly 29493
contribution and wage report containing all the required 29494
contribution and wage information within the time prescribed by 29495
this section, the director shall assess a forfeiture amounting to 29496
twenty-five one-hundredths of one per cent of the total 29497
remuneration reported by the employer, provided such forfeiture 29498
shall not be less than fifty nor more than one thousand dollars.29499

       (E) Effective with the calendar quarter beginning January 1, 29500
2002, every(C) Every employer liable for payments in lieu of 29501
contributions shall file a quarterly payroll and wage report. The 29502
quarterly report shall be filed not later than the last day of the 29503
first month following the close of the calendar quarter for which 29504
the quarterly report is being filed. The employer shall enter on 29505
the quarterly report the total remuneration paid to all employees 29506
during the quarter, the total wages that would have been taxable 29507
had the employer been subject to contributions, the name and 29508
social security number of each individual employed during the 29509
calendar quarter, the total remuneration paid the individual, the 29510
number of weeks during the quarter for which the individual was 29511
paid remuneration, and any other information as required by 29512
section 1137 of the "Social Security Act."29513

       Effective with the calendar quarter beginning January 1, 29514
2002, inIn case of failure to properly file the quarterly payroll 29515
and wage report containing all the required payroll and wage 29516
information within the time prescribed by this section, the 29517
director shall assess a forfeiture amounting to twenty-five 29518
one-hundredths of one per cent of the total remuneration reported 29519
by the employer, provided such forfeiture shall not be less than 29520
fifty nor more than one thousand dollars.29521

       (F)(D) The director may waive a forfeiture assessed under 29522
division (D)(B) or (E)(C) of this section if the employer provides 29523
to the director, within four years after the date the forfeiture 29524
was assessed, a written statement showing good cause for failure 29525
to properly file the required information.29526

       (G)(E) The director shall furnish the form or forms on which 29527
quarterly reports required under this section are to be submitted, 29528
or the employer may use other methods of reporting, including 29529
electronic information transmission methods, as approved by the 29530
director.29531

       (H)(F) All forfeitures required by this section shall be paid 29532
into the unemployment compensation special administrative fund as 29533
provided in section 4141.11 of the Revised Code.29534

       Sec. 4141.25.  (A) The director of job and family services 29535
shall determine as of each computation date the contribution rate 29536
of each contributing employer subject to this chapter for the next 29537
succeeding contribution period. The director shall determine a 29538
standard rate of contribution or an experience rate for each 29539
contributing employer. Once a rate of contribution has been 29540
established under this section for a contribution period, except 29541
as provided in division (D) of section 4141.26 of the Revised 29542
Code, that rate shall remain effective throughout such 29543
contribution period. The rate of contribution shall be determined 29544
in accordance with the following requirements:29545

       (1) An employer whose experience does not meet the terms of 29546
division (A)(2) of this section shall be assigned a standard rate 29547
of contribution. Effective for contribution periods beginning on 29548
and after January 1, 1998, an employer's standard rate of 29549
contribution shall be a rate of two and seven-tenths per cent, 29550
except that the rate for employers engaged in the construction 29551
industry shall be the average contribution rate computed for the 29552
construction industry or a rate of two and seven-tenths per cent, 29553
whichever is greater. The standard rate set forth in this division 29554
shall be applicable to a nonprofit organization whose election to 29555
make payments in lieu of contributions is voluntarily terminated 29556
or canceled by the director under section 4141.241 of the Revised 29557
Code, and thereafter pays contributions as required by this 29558
section. If such nonprofit organization had been a contributory 29559
employer prior to its election to make payments in lieu of 29560
contributions, then any prior balance in the contributory account 29561
shall become part of the reactivated account.29562

       As used in division (A) of this section, "the average 29563
contribution rate computed for the construction industry" means 29564
the most recent annual average rate attributable to the 29565
construction industry as prescribed by the director.29566

       (2) A contributing employer subject to this chapter shall 29567
qualify for an experience rate only if there have been four 29568
consecutive quarters, ending on the thirtieth day of June 29569
immediately prior to the computation date, throughout which the 29570
employer's account was chargeable with benefits. Upon meeting the 29571
qualifying requirements provided in division (A)(2) of this 29572
section, the director shall calculate the total credits to each 29573
employer's account consisting of the contributions other than 29574
mutualized contributions including all contributions paid prior to 29575
the computation date for all past periods plus:29576

       (a) The contributions owing on the computation date that are 29577
paid within thirty days after the computation date, and credited 29578
to the employer's account;29579

       (b) All voluntary contributions paid by an employer pursuant 29580
to division (B) of section 4141.24 of the Revised Code.29581

       (3) The director also shall determine the benefits which are 29582
chargeable to each employer's account and which were paid prior to 29583
the computation date with respect to weeks of unemployment ending 29584
prior to the computation date. The director then shall determine 29585
the positive or negative balance of each employer's account by 29586
calculating the excess of such contributions and interest over the 29587
benefits chargeable, or the excess of such benefits over such 29588
contributions and interest. Any resulting negative balance then 29589
shall be subject to adjustment as provided in division (A)(2) of 29590
section 4141.24 of the Revised Code after which the positive or 29591
negative balance shall be expressed in terms of a percentage of 29592
the employer's average annual payroll. If the total standing to 29593
the credit of an employer's account exceeds the total charges, as 29594
provided in this division, the employer has a positive balance and 29595
if such charges exceed such credits the employer has a negative 29596
balance. Each employer's contribution rate shall then be 29597
determined in accordance with the following schedule:29598

Contribution Rate Schedule
29599

If, as of the computation date The employer's 29600
the contribution rate balance of contribution rate for 29601
an employer's account as a the next succeeding 29602
percentage of the employer's contribution period 29603
average annual payroll is shall be 29604
(a) A negative balance of: 29605
20.0% or more 6.5% 29606
19.0% but less than 20.0% 6.4% 29607
17.0% but less than 19.0% 6.3% 29608
15.0% but less than 17.0% 6.2% 29609
13.0% but less than 15.0% 6.1% 29610
11.0% but less than 13.0% 6.0% 29611
9.0% but less than 11.0% 5.9% 29612
5.0% but less than 9.0% 5.7% 29613
4.0% but less than 5.0% 5.5% 29614
3.0% but less than 4.0% 5.3% 29615
2.0% but less than 3.0% 5.1% 29616
1.0% but less than 2.0% 4.9% 29617
more than 0.0% but less than 1.0% 4.8% 29618
(b) A 0.0% or a positive 29619
balance of less than 1.0% 4.7% 29620
(c) A positive balance of: 29621
1.0% or more, but less than 1.5% 4.6% 29622
1.5% or more, but less than 2.0% 4.5% 29623
2.0% or more, but less than 2.5% 4.3% 29624
2.5% or more, but less than 3.0% 4.0% 29625
3.0% or more, but less than 3.5% 3.8% 29626
3.5% or more, but less than 4.0% 3.5% 29627
4.0% or more, but less than 4.5% 3.3% 29628
4.5% or more, but less than 5.0% 3.0% 29629
5.0% or more, but less than 5.5% 2.8% 29630
5.5% or more, but less than 6.0% 2.5% 29631
6.0% or more, but less than 6.5% 2.2% 29632
6.5% or more, but less than 7.0% 2.0% 29633
7.0% or more, but less than 7.5% 1.8% 29634
7.5% or more, but less than 8.0% 1.6% 29635
8.0% or more, but less than 8.5% 1.4% 29636
8.5% or more, but less than 9.0% 1.3% 29637
9.0% or more, but less than 9.5% 1.1% 29638
9.5% or more, but less than 10.0% 1.0% 29639
10.0% or more, but less than 10.5% .9% 29640
10.5% or more, but less than 11.0% .7% 29641
11.0% or more, but less than 11.5% .6% 29642
11.5% or more, but less than 12.0% .5% 29643
12.0% or more, but less than 12.5% .4% 29644
12.5% or more, but less than 13.0% .3% 29645
13.0% or more, but less than 14.0% .2% 29646
14.0% or more .1% 29647

       (d) The contribution rates shall be as specified in divisions 29648
(a), (b), and (c) of the contribution rate schedule except that 29649
notwithstanding the amendments made to division (a) of the 29650
contribution rate schedule in this section, if, as of the 29651
computation date: for 1991, the negative balance is 5.0% or more, 29652
the contribution rate shall be 5.7%; for 1992, if the negative 29653
balance is 11.0% or more, the contribution rate shall be 6.0%; and 29654
for 1993, if the negative balance is 17.0% or more, the 29655
contribution rate shall be 6.3%. Thereafter, the contribution 29656
rates shall be as specified in the contribution rate schedule.29657

       (B)(1) The director shall establish and maintain a separate 29658
account to be known as the "mutualized account." As of each 29659
computation date there shall be charged to this account:29660

       (a) As provided in division (A)(2) of section 4141.24 of the 29661
Revised Code, an amount equal to the sum of that portion of the 29662
negative balances of employer accounts which exceeds the 29663
applicable limitations as such balances are computed under 29664
division (A) of this section as of such date;29665

       (b) An amount equal to the sum of the negative balances 29666
remaining in employer accounts which have been closed during the 29667
year immediately preceding such computation date pursuant to 29668
division (E) of section 4141.24 of the Revised Code;29669

       (c) An amount equal to the sum of all benefits improperly 29670
paid preceding such computation date which are not recovered but 29671
which are not charged to an employer's account, or which after 29672
being charged, are credited back to an employer's account;29673

       (d) An amount equal to the sum of any other benefits paid 29674
preceding such computation date which, under this chapter, are not 29675
chargeable to an employer's account;29676

       (e) An amount equal to the sum of any refunds made during the 29677
year immediately preceding such computation date of erroneously 29678
collected mutualized contributions required by this division which 29679
were previously credited to this account;29680

       (f) An amount equal to the sum of any repayments made to the 29681
federal government during the year immediately preceding such 29682
computation date of amounts which may have been advanced by it to 29683
the unemployment compensation fund under section 1201 of the 29684
"Social Security Act," 49 Stat. 648 (1935), 42 U.S.C. 301;29685

       (g) Any amounts appropriated by the general assembly out of 29686
funds paid by the federal government, under section 903 of the 29687
"Social Security Act," to the account of this state in the federal 29688
unemployment trust fund.29689

       (2) As of every computation date there shall be credited to 29690
the mutualized account provided for in this division:29691

       (a) The proceeds of the mutualized contributions as provided 29692
in this division;29693

       (b) Any positive balances remaining in employer accounts 29694
which are closed as provided in division (E) of section 4141.24 of 29695
the Revised Code;29696

       (c) Any benefits improperly paid which are recovered but 29697
which cannot be credited to an employer's account;29698

       (d) All amounts which may be paid by the federal government 29699
under section 903 of the "Social Security Act" to the account of 29700
this state in the federal unemployment trust fund;29701

       (e) Amounts advanced by the federal government to the account 29702
of this state in the federal unemployment trust fund under section 29703
1201 of the "Social Security Act" to the extent such advances have 29704
been repaid to or recovered by the federal government;29705

       (f) Interest credited to the Ohio unemployment trust fund as 29706
deposited with the secretary of the treasury of the United States;29707

       (g) Amounts deposited into the unemployment compensation fund 29708
for penalties collected pursuant to division (A)(4) of section 29709
4141.35 of the Revised Code.29710

       (3) Annually, as of the computation date, the director shall 29711
determine the total credits and charges made to the mutualized 29712
account during the preceding twelve months and the overall 29713
condition of the account. The director shall issue an annual 29714
statement containing this information and such other information 29715
as the director deems pertinent, including a report that the sum 29716
of the balances in the mutualized account, employers' accounts, 29717
and any subsidiary accounts equal the balance in the state's 29718
unemployment trust fund maintained under section 904 of the 29719
"Social Security Act."29720

       (4) As used in this division:29721

       (a) "Fund as of the computation date" means as of any 29722
computation date, the aggregate amount of the unemployment 29723
compensation fund, including all contributions owing on the 29724
computation date that are paid within thirty days thereafter, all 29725
payments in lieu of contributions that are paid within sixty days 29726
after the computation date, all reimbursements of the federal 29727
share of extended benefits described in section 4141.301 of the 29728
Revised Code that are owing on the computation date, and all 29729
interest earned by the fund and received on or before the 29730
computation date from the federal government.29731

       (b) "Minimum safe level" means an amount equal to two 29732
standard deviations above the average of the adjusted annual 29733
average unemployment compensation benefit payment from 1970 to the 29734
most recent calendar year prior to the computation date, as 29735
determined by the director pursuant to division (B)(4)(b) of this 29736
section. To determine the adjusted annual payment of unemployment 29737
compensation benefits, the director first shall multiply the 29738
number of weeks compensated during each calendar year beginning 29739
with 1970 by the most recent annual average weekly unemployment 29740
compensation benefit payment and then compute the average and 29741
standard deviation of the resultant products.29742

       (c) "Annual average weekly unemployment compensation benefit 29743
payment" means the amount resulting from dividing the unemployment 29744
compensation benefits paid from the benefit account maintained 29745
within the unemployment compensation fund pursuant to section 29746
4141.09 of the Revised Code, by the number of weeks compensated 29747
during the same time period.29748

       (5) If, as of any computation date, the charges to the 29749
mutualized account during the entire period subsequent to the 29750
computation date, July 1, 1966, made in accordance with division 29751
(B)(1) of this section, exceed the credits to such account 29752
including mutualized contributions during such period, made in 29753
accordance with division (B)(2) of this section, the amount of 29754
such excess charges shall be recovered during the next 29755
contribution period. To recover such amount, the director shall 29756
compute the percentage ratio of such excess charges to the average 29757
annual payroll of all employers eligible for an experience rate 29758
under division (A) of this section. The percentage so determined 29759
shall be computed to the nearest tenth of one per cent and shall 29760
be an additional contribution rate to be applied to the wages paid 29761
by each employer whose rate is computed under the provisions of 29762
division (A) of this section in the contribution period next 29763
following such computation date, but such percentage shall not 29764
exceed five-tenths of one per cent; however, when there are any 29765
excess charges in the mutualized account, as computed in this 29766
division, then the mutualized contribution rate shall not be less 29767
than one-tenth of one per cent.29768

       (6) If the fund as of the computation date is above or below 29769
minimum safe level, the contribution rates provided for in each 29770
classification in division (A)(3) of this section for the next 29771
contribution period shall be adjusted as follows:29772

       (a) If the fund is thirty per cent or more above minimum safe 29773
level, the contribution rates provided in division (A)(3) of this 29774
section shall be decreased two-tenths of one per cent.29775

       (b) If the fund is more than fifteen per cent but less than 29776
thirty per cent above minimum safe level, the contribution rates 29777
provided in division (A)(3) of this section shall be decreased 29778
one-tenth of one per cent.29779

       (c) If the fund is more than fifteen per cent but less than 29780
thirty per cent below minimum safe level, the contribution rates 29781
of all employers shall be increased twenty-five one-thousandths of 29782
one per cent plus a per cent increase calculated and rounded 29783
pursuant to division (B)(6)(g) of this section.29784

       (d) If the fund is more than thirty per cent but less than 29785
forty-five per cent below minimum safe level, the contribution 29786
rates of all employers shall be increased seventy-five 29787
one-thousandths of one per cent plus a per cent increase 29788
calculated and rounded pursuant to division (B)(6)(g) of this 29789
section.29790

       (e) If the fund is more than forty-five per cent but less 29791
than sixty per cent below minimum safe level, the contribution 29792
rates of all employers shall be increased one-eighth of one per 29793
cent plus a per cent increase calculated and rounded pursuant to 29794
division (B)(6)(g) of this section.29795

       (f) If the fund is sixty per cent or more below minimum safe 29796
level, the contribution rates of all employers shall be increased 29797
two-tenths of one per cent plus a per cent increase calculated and 29798
rounded pursuant to division (B)(6)(g) of this section.29799

       (g) The additional per cent increase in contribution rates 29800
required by divisions (B)(6)(c), (d), (e), and (f) of this section 29801
that is payable by each individual employer shall be calculated in 29802
the following manner. The flat rate increase required by a 29803
particular division shall be multiplied by three and the product 29804
divided by the average experienced-rated contribution rate for all 29805
employers as determined by the director for the most recent 29806
calendar year. The resulting quotient shall be multiplied by an 29807
individual employer's contribution rate determined pursuant to 29808
division (A)(3) of this section. The resulting product shall be 29809
rounded to the nearest tenth of one per cent, added to the flat 29810
rate increase required by division (B)(6)(c), (d), (e), or (f) of 29811
this section, as appropriate, and the total shall be rounded to 29812
the nearest tenth of one per cent. As used in division (B)(6)(g) 29813
of this section, the "average experienced-rated contribution rate" 29814
means the most recent annual average contribution rate reported by 29815
the director contained in report RS 203.2 less the mutualized and 29816
minimum safe level contribution rates included in such rate.29817

       (h) If any of the increased contribution rates of division 29818
(B)(6)(c), (d), (e), or (f) of this section are imposed, the rate 29819
shall remain in effect for the calendar year in which it is 29820
imposed and for each calendar year thereafter until the director 29821
determines as of the computation date for calendar year 1991 and 29822
as of the computation date for any calendar year thereafter 29823
pursuant to this section, that the level of the unemployment 29824
compensation fund equals or exceeds the minimum safe level as 29825
defined in division (B)(4)(b) of this section. Nothing in division 29826
(B)(6)(h) of this section shall be construed as restricting the 29827
imposition of the increased contribution rates provided in 29828
divisions (B)(6)(c), (d), (e), and (f) of this section if the fund 29829
falls below the percentage of the minimum safe level as specified 29830
in those divisions.29831

       (7) The additional contributions required by division (B)(5) 29832
of this section shall be credited to the mutualized account. The 29833
additional contributions required by division (B)(6) of this 29834
section shall be credited fifty per cent to individual employer 29835
accounts and fifty per cent to the mutualized account.29836

       (C) If an employer makes a payment of contributions which is 29837
less than the full amount required by this section and sections 29838
4141.23, 4141.24, 4141.241, 4141.242, 4141.25, 4141.26, and 29839
4141.27 of the Revised Code, such partial payment shall be applied 29840
first against the mutualized contributions required under this 29841
chapter. Any remaining partial payment shall be credited to the 29842
employer's individual account.29843

       (D) Whenever there are any increases in contributions 29844
resulting from an increase in wages subject to contributions as 29845
defined in division (G) of section 4141.01 of the Revised Code, or 29846
from an increase in the mutualized rate of contributions provided 29847
in division (B) of this section, or from a revision of the 29848
contribution rate schedule provided in division (A) of this 29849
section, except for that portion of the increase attributable to a 29850
change in the positive or negative balance in an employer's 29851
account, which increases become effective after a contract for the 29852
construction of real property, as defined in section 5701.02 of 29853
the Revised Code, has been entered into, the contractee upon 29854
written notice by a prime contractor shall reimburse the 29855
contractor for all increased contributions paid by the prime 29856
contractor or by subcontractors upon wages for services performed 29857
under the contract. Upon reimbursement by the contractee to the 29858
prime contractor, the prime contractor shall reimburse each 29859
subcontractor for the increased contributions.29860

       (E) Effective only for the contribution period beginning on 29861
January 1, 1996, and ending on December 31, 1996, mutualized 29862
contributions collected or received by the director pursuant to 29863
division (B)(5) of this section and amounts credited to the 29864
mutualized account pursuant to division (B)(7) of this section 29865
shall be deposited into or credited to the unemployment 29866
compensation benefit reserve fund that is created under division 29867
(F) of this section, except that amounts collected, received, or 29868
credited in excess of two hundred million dollars shall be 29869
deposited into or credited to the unemployment trust fund 29870
established pursuant to section 4141.09 of the Revised Code.29871

       (F) The state unemployment compensation benefit reserve fund 29872
is hereby created as a trust fund in the custody of the treasurer 29873
of state and shall not be part of the state treasury. The fund 29874
shall consist of all moneys collected or received as mutualized 29875
contributions pursuant to division (B)(5) of this section and 29876
amounts credited to the mutualized account pursuant to division 29877
(B)(7) of this section as provided by division (E) of this 29878
section. All moneys in the fund shall be used solely to pay 29879
unemployment compensation benefits in the event that funds are no 29880
longer available for that purpose from the unemployment trust fund 29881
established pursuant to section 4141.09 of the Revised Code.29882

       (G) The balance in the unemployment compensation benefit 29883
reserve fund remaining at the end of the contribution period 29884
beginning January 1, 2000, and any mutualized contribution amounts 29885
for the contribution period beginning on January 1, 1996, that may 29886
be received after December 31, 2000, shall be deposited into the 29887
unemployment trust fund established pursuant to section 4141.09 of 29888
the Revised Code. Income earned on moneys in the state 29889
unemployment compensation benefit reserve fund shall be available 29890
for use by the director only for the purposes described in 29891
division (I) of this section, and shall not be used for any other 29892
purpose.29893

       (H) The unemployment compensation benefit reserve fund 29894
balance shall be added to the unemployment trust fund balance in 29895
determining the minimum safe level tax to be imposed pursuant to 29896
division (B) of this section and shall be included in the 29897
mutualized account balance for the purpose of determining the 29898
mutualized contribution rate pursuant to division (B)(5) of this 29899
section.29900

       (I) All income earned on moneys in the unemployment 29901
compensation benefit reserve fund from the investment of the fund 29902
by the treasurer of state shall accrue to the department of job 29903
and family services automation administration fund, which is 29904
hereby established in the state treasury. Moneys within the 29905
automation administration fund shall be used to meet the costs 29906
related to automation of the department and the administrative 29907
costs related to collecting and accounting for unemployment 29908
compensation benefit reserve fund revenue. Any funds remaining in 29909
the automation administration fund upon completion of the 29910
department's automation projects that are funded by that fund 29911
shall be deposited into the unemployment trust fund established 29912
pursuant to section 4141.09 of the Revised Code.29913

       (J) The director shall prepare and submit monthly reports to 29914
the unemployment compensation advisory commission with respect to 29915
the status of efforts to collect and account for unemployment 29916
compensation benefit reserve fund revenue and the costs related to 29917
collecting and accounting for that revenue. The director shall 29918
obtain approval from the unemployment compensation advisory 29919
commission for expenditure of funds from the department of job and 29920
family services automation administration fund. Funds may be 29921
approved for expenditure for purposes set forth in division (I) of 29922
this section only to the extent that federal or other funds are 29923
not available.29924

       Sec. 4141.26.  (A) As soon as practicable after the first day 29925
of September but not later than the first day of December of each 29926
year, the director of job and family services shall notify each 29927
employer of the employer's contribution rate as determined for the 29928
next ensuing contribution period pursuant to section 4141.25 of 29929
the Revised Code provided the employer has furnished the director, 29930
by the first day of September following the computation date, with 29931
the wage information for all past periods necessary for the 29932
computation of the contribution rate.29933

       (B)(1) If an employer has not timely furnished the necessary 29934
wage information as required by division (A) of this section, the 29935
employer's contribution rate for such contribution period shall 29936
not be computed as provided in section 4141.25 of the Revised 29937
Code, but instead the employer shall be assigned a contribution 29938
rate equal to one hundred twenty-five per cent of the maximum rate 29939
provided in that section, with the following exceptions:29940

       (1)(a) If the employer files the necessary wage information 29941
by the thirty-first day of December of the year immediately 29942
preceding the contribution period for which the rate is to be 29943
effective, the employer's rate shall be computed as provided in 29944
division (A) of section 4141.25 of the Revised Code.29945

       (2)(b) The director shall revise the contribution rate of an 29946
employer who has not timely furnished the necessary wage 29947
information as required by division (A) of this section, who has 29948
been assigned a contribution rate pursuant to division (B) of this 29949
section, and who does not meet the requirements of division 29950
(B)(1)(a) of this section, if the employer furnishes the necessary 29951
wage information to the director within eighteen months following 29952
the thirty-first day of December of the year immediately preceding 29953
the contribution period for which the rate is to be effective. The 29954
revised rate under division (B)(2)(1)(b) of this section shall be 29955
equal to one hundred twenty per cent of the contribution rate that 29956
would have resulted if the employer had timely furnished the 29957
necessary wage information under division (A) of this section.29958

       (c) The director may waive the maximum contribution rate 29959
assigned pursuant to division (B) of this section if the failure 29960
to timely furnish the wage information as required by division (A) 29961
of this section was a result of circumstances beyond the control 29962
of the employer or the employer's agent.29963

       (2) The director shall deny an employer's request for a 29964
revision of the employer's rate as provided in division 29965
(B)(2)(1)(b) of this section if the director finds that the 29966
employer's failure to timely file the necessary wage information 29967
was due to an attempt to evade payment.29968

       (3) The director shall round the contribution rates the 29969
director determines under division (B) of this section to the 29970
nearest tenth of one per cent.29971

       (4) The director shall adopt rules to prescribe requirements 29972
and procedures for requesting a waiver of the maximum contribution 29973
rate under division (B)(1)(c) of this section.29974

       (C) If, as a result of the computation pursuant to division 29975
(B) of this section, the employer's account shows a negative 29976
balance in excess of the applicable limitations, in that 29977
computation, the excess above applicable limitations shall not be 29978
transferred from the account as provided in division (A)(2) of 29979
section 4141.24 of the Revised Code.29980

       (D) The rate determined pursuant to this section and section 29981
4141.25 of the Revised Code shall become binding upon the employer 29982
unless:29983

       (1) The employer makes a voluntary contribution as provided 29984
in division (B) of section 4141.24 of the Revised Code, whereupon 29985
the director shall issue the employer a revised contribution rate 29986
notice if the contribution changes the employer's rate; or29987

       (2) Within thirty days after the mailing of notice of the 29988
employer's rate or a revision of it to the employer's last known 29989
address or, in the absence of mailing of such notice, within 29990
thirty days after the delivery of such notice, the employer files 29991
an application with the director for reconsideration of the 29992
director's determination of such rate setting forth reasons for 29993
such request. The director shall promptly examine the application 29994
for reconsideration and shall notify the employer of the 29995
director's reconsidered decision, which shall become final unless, 29996
within thirty days after the mailing of such notice by certified 29997
mail, return receipt requested, the employer files an application 29998
for review of such decision with the unemployment compensation 29999
review commission. The commission shall promptly examine the 30000
application for review of the director's decision and shall grant 30001
such employer an opportunity for a fair hearing. The proceeding at 30002
the hearing before the commission shall be recorded in the means 30003
and manner prescribed by the commission. For the purposes of this 30004
division, the review is considered timely filed when it has been 30005
received as provided in division (D)(1) of section 4141.281 of the 30006
Revised Code.30007

       The employer and the director shall be promptly notified of 30008
the commission's decision, which shall become final unless, within 30009
thirty days after the mailing of notice of it to the employer's 30010
last known address by certified mail, return receipt requested, 30011
or, in the absence of mailing, within thirty days after delivery 30012
of such notice, an appeal is taken by the employer or the director 30013
to the court of common pleas of Franklin county. Such appeal shall 30014
be taken by the employer or the director by filing a notice of 30015
appeal with the clerk of such court and with the commission. Such 30016
notice of appeal shall set forth the decision appealed and the 30017
errors in it complained of. Proof of the filing of such notice 30018
with the commission shall be filed with the clerk of such court.30019

       The commission, upon written demand filed by the appellant 30020
and within thirty days after the filing of such demand, shall file 30021
with the clerk a certified transcript of the record of the 30022
proceedings before the commission pertaining to the determination 30023
or order complained of, and the appeal shall be heard upon such 30024
record certified to the commission. In such appeal, no additional 30025
evidence shall be received by the court, but the court may order 30026
additional evidence to be taken before the commission, and the 30027
commission, after hearing such additional evidence, shall certify 30028
such additional evidence to the court or it may modify its 30029
determination and file such modified determination, together with 30030
the transcript of the additional record, with the court. After an 30031
appeal has been filed in the court, the commission, by petition, 30032
may be made a party to such appeal. Such appeal shall be given 30033
precedence over other civil cases. The court may affirm the 30034
determination or order complained of in the appeal if it finds, 30035
upon consideration of the entire record, that the determination or 30036
order is supported by reliable, probative, and substantial 30037
evidence and is in accordance with law. In the absence of such a 30038
finding, it may reverse, vacate, or modify the determination or 30039
order or make such other ruling as is supported by reliable, 30040
probative, and substantial evidence and is in accordance with law. 30041
The judgment of the court shall be final and conclusive unless 30042
reversed, vacated, or modified on appeal. An appeal may be taken 30043
from the decision of the court of common pleas of Franklin county.30044

       (E) The appeal provisions of division (D) of this section 30045
apply to all other determinations and orders of the director 30046
affecting the liability of an employer to pay contributions or the 30047
amount of such contributions, determinations respecting 30048
application for refunds of contributions, determinations 30049
respecting applications for classification of employment as 30050
seasonal under section 4141.33 of the Revised Code, and exceptions 30051
to charges of benefits to an employer's account as provided in 30052
division (D) of section 4141.24 of the Revised Code.30053

       (F) The validity of any general order or rule of the director 30054
adopted pursuant to this chapter or of any final order or action 30055
of the unemployment compensation review commission respecting any 30056
such general order or rule may be determined by the court of 30057
common pleas of Franklin county, and such general order, rule, or 30058
action may be sustained or set aside by the court on an appeal to 30059
it which may be taken by any person affected by the order, rule, 30060
or action in the manner provided by law. Such appeal to the court 30061
of common pleas of Franklin county shall be filed within thirty 30062
days after the date such general order, rule, or action was 30063
publicly released by the director or the commission. Either party 30064
to such action may appeal from the court of common pleas of 30065
Franklin county as in ordinary civil cases.30066

       (G) Notwithstanding any determination made in pursuance of 30067
sections 4141.23 to 4141.26 of the Revised Code, no individual who 30068
files a claim for benefits shall be denied the right to a fair 30069
hearing as provided in section 4141.281 of the Revised Code, or 30070
the right to have a claim determined on the merits of it.30071

       (H)(1) Notwithstanding division (D) of this section, if the 30072
director finds that an omission or error in the director's records 30073
or employer reporting caused the director to issue an erroneous 30074
determination or order affecting contribution rates, the liability 30075
of an employer to pay contributions or the amount of such 30076
contributions, determinations respecting applications for refunds 30077
of contributions, determinations respecting applications for 30078
classification of seasonal status under section 4141.33 of the 30079
Revised Code, or exceptions to charges of benefits to an 30080
employer's account as provided in division (D) of section 4141.24 30081
of the Revised Code, the director may issue a corrected 30082
determination or order correcting the erroneous determination or 30083
order, except as provided in division (H)(2) of this section.30084

       (2) The director may not issue a corrected determination or 30085
order correcting an erroneous determination or order if both of 30086
the following apply:30087

       (a) The erroneous determination or order was caused solely by 30088
an omission or error of the director;30089

       (b) A correction of the erroneous determination or order 30090
would adversely affect the employer or any of the employers that 30091
were parties in interest to the erroneous determination or order.30092

       A corrected determination or order issued under this division 30093
takes precedence over and renders void the erroneous determination 30094
or order and is appealable as provided in division (D) of this 30095
section.30096

       Sec. 4141.28. 30097

BENEFITS
30098

       (A) FILINGS30099

       Applications for determination of benefit rights and claims 30100
for benefits shall be filed with the director of job and family 30101
services. Such applications and claims also may be filed with an 30102
employee of another state or federal agency charged with the duty 30103
of accepting applications and claims for unemployment benefits or 30104
with an employee of the unemployment insurance commission of 30105
Canada.30106

       Effective July 1, 2015, an individual shall file an 30107
application for determination of benefit rights and a claim for 30108
benefits by electronic means in a manner prescribed by the 30109
director, except that no individual shall be required to file such 30110
an application or claim by electronic means if one or more of the 30111
following circumstances apply:30112

        (1) The individual is legally prohibited from using a 30113
computer;30114

        (2) The individual has a physical or visual impairment that 30115
makes the individual unable to use a computer;30116

        (3) The individual has limited ability to read or write 30117
effectively in a language in which the electronic application or 30118
claim is available;30119

        (4) A disaster or emergency declared by the governor prevents 30120
compliance with the electronic filing requirement.30121

       When an unemployed individual files an application for 30122
determination of benefit rights, the director shall furnish the 30123
individual with an explanation of the individual's appeal rights. 30124
The explanation shall describe clearly the different levels of 30125
appeal and explain where and when each appeal must be filed.30126

       (B) APPLICATION FOR DETERMINATION OF BENEFIT RIGHTS30127

       In filing an application, an individual shall furnish the 30128
director with the name and address of the individual's most recent 30129
separating employer and the individual's statement of the reason 30130
for separation from the employer. The director shall promptly 30131
notify the individual's most recent separating employer of the 30132
filing and request the reason for the individual's unemployment, 30133
unless that notice is not necessary under conditions the director 30134
establishes by rule. The director may request from the individual 30135
or any employer information necessary for the determination of the 30136
individual's right to benefits. The employer shall provide the 30137
information requested within ten working days after the request is 30138
sent. If necessary to ensure prompt determination and payment of 30139
benefits, the director shall base the determination on the 30140
information that is available.30141

       An individual filing an application for determination of 30142
benefit rights shall disclose, at the time of filing, whether or 30143
not the individual owes child support obligations.30144

       (C) MASS LAYOFFS30145

       An employer who lays off or separates within any seven-day 30146
period fifty or more individuals because of lack of work shall 30147
furnish notice to the director of the dates of layoff or 30148
separation and the approximate number of individuals being laid 30149
off or separated. The notice shall be furnished at least three 30150
working days prior to the date of the first day of such layoff or 30151
separation. In addition, at the time of the layoff or separation 30152
the employer shall furnish to the individual and to the director 30153
information necessary to determine the individual's eligibility 30154
for unemployment compensation.30155

       (D) DETERMINATION OF BENEFIT RIGHTS30156

       The director shall promptly examine any application for 30157
determination of benefit rights. On the basis of the information 30158
available to the director under this chapter, the director shall 30159
determine whether or not the application is valid, and if valid, 30160
the date on which the benefit year shall commence and the weekly 30161
benefit amount. The director shall promptly notify the applicant, 30162
employers in the applicant's base period, and any other interested 30163
parties of the determination and the reasons for it. In addition, 30164
the determination issued to the claimant shall include the total 30165
amount of benefits payable. The determination issued to each 30166
chargeable base period employer shall include the total amount of 30167
benefits that may be charged to the employer's account.30168

       (E) CLAIM FOR BENEFITS30169

       The director shall examine the first claim and any additional 30170
claim for benefits. On the basis of the information available, the 30171
director shall determine whether the claimant's most recent 30172
separation and, to the extent necessary, prior separations from 30173
work, allow the claimant to qualify for benefits. Written notice 30174
of the determination granting or denying benefits shall be sent to 30175
the claimant, the most recent separating employer, and any other 30176
employer involved in the determination, except that written notice 30177
is not required to be sent to the claimant if the reason for 30178
separation is lack of work and the claim is allowed.30179

       If the director identifies an eligibility issue, the director 30180
shall send notice to the claimant of the issue identified and 30181
specify the week or weeks involved. The claimant has a minimum of 30182
five business days after the notice is sent to respond to the 30183
information included in the notice, and after the time allowed as 30184
determined by the director, the director shall make a 30185
determination. The claimant's response may include a request for a 30186
fact-finding interview when the eligibility issue is raised by an 30187
informant or source other than the claimant, or when the 30188
eligibility issue, if determined adversely, disqualifies the 30189
claimant for the duration of the claimant's period of 30190
unemployment.30191

       When the determination of a continued claim for benefits 30192
results in a disallowed claim, the director shall notify the 30193
claimant of the disallowance and the reasons for it.30194

       (F) ELIGIBILITY NOTICE30195

       Any base period or subsequent employer of a claimant who has 30196
knowledge of specific facts affecting the claimant's right to 30197
receive benefits for any week may notify the director in writing 30198
of those facts. The director shall prescribe a form for such 30199
eligibility notice, but failure to use the form shall not preclude 30200
the director's examination of any notice.30201

       To be considered valid, an eligibility notice must: contain 30202
in writing, a statement that identifies either a source who has 30203
firsthand knowledge of the information or an informant who can 30204
identify the source; provide specific and detailed information 30205
that may potentially disqualify the claimant; provide the name and 30206
address of the source or the informant; and appear to the director 30207
to be reliable and credible.30208

       An eligibility notice is timely filed if received or 30209
postmarked prior to or within forty-five calendar days after the 30210
end of the week with respect to which a claim for benefits is 30211
filed by the claimant. An employer who timely files a valid 30212
eligibility notice shall be an interested party to the claim for 30213
benefits which is the subject of the notice.30214

       The director shall consider the information contained in the 30215
eligibility notice, together with other available information. 30216
After giving the claimant notice and an opportunity to respond, 30217
the director shall make a determination and inform the notifying 30218
employer, the claimant, and other interested parties of the 30219
determination.30220

       (G) CORRECTED DETERMINATION30221

       If the director finds within the fifty-two calendar weeks 30222
beginning with the Sunday of the week during which an application 30223
for benefit rights was filed or within the benefit year that a 30224
determination made by the director was erroneous due to an error 30225
in an employer's report or any typographical or clerical error in 30226
the director's determination, or as shown by correct remuneration 30227
information received by the director, the director shall issue a 30228
corrected determination to all interested parties. The corrected 30229
determination shall take precedence over and void the prior 30230
determination of the director. The director shall not issue a 30231
corrected determination when the commission or a court has 30232
jurisdiction with respect to that determination.30233

       (H) EFFECT OF COMMISSION DECISIONS30234

       In making determinations, the director shall follow decisions 30235
of the unemployment compensation review commission which have 30236
become final with respect to claimants similarly situated.30237

       (I) PROMPT PAYMENTS30238

       If benefits are allowed by the director, a hearing officer, 30239
the commission, or a court, the director shall pay benefits 30240
promptly, notwithstanding any further appeal, provided that if 30241
benefits are denied on appeal, of which the parties have notice 30242
and an opportunity to be heard, the director shall withhold 30243
payment of benefits pending a decision on any further appeal.30244

       Sec. 4141.29.  Each eligible individual shall receive 30245
benefits as compensation for loss of remuneration due to 30246
involuntary total or partial unemployment in the amounts and 30247
subject to the conditions stipulated in this chapter.30248

       (A) No individual is entitled to a waiting period or benefits 30249
for any week unless the individual:30250

       (1) Has filed a valid application for determination of 30251
benefit rights in accordance with section 4141.28 of the Revised 30252
Code;30253

       (2) Has made a claim for benefits in accordance with section 30254
4141.28 of the Revised Code;30255

       (3)(a) Has registered for work and thereafter continues to 30256
report to an employment office or other registration place 30257
maintained or designated by the director of job and family 30258
services. Registration shall be made in accordance with the time 30259
limits, frequency, and manner prescribed by the director.30260

       (b) For purposes of division (A)(3) of this section, an 30261
individual has "registered" upon doing any of the following:30262

        (i) Filing an application for benefit rights;30263

        (ii) Making a weekly claim for benefits;30264

        (iii) Reopening an existing claim following a period of 30265
employment or nonreporting.30266

        (c) After an applicant is registered, that registration 30267
continues for a period of three calendar weeks, including the week 30268
during which the applicant registered. However, an individual is 30269
not registered for purposes of division (A)(3) of this section 30270
during any period in which the individual fails to report, as 30271
instructed by the director, or fails to reopen an existing claim 30272
following a period of employment. 30273

       (d) The director may, for good cause, extend the period of 30274
registration.30275

       (e) For purposes of this section, "report" means contact by 30276
phone, access electronically, or be present for an in-person 30277
appointment, as designated by the director.30278

       (4)(a)(i) Is able to work and available for suitable work 30279
and, except as provided in division (A)(4)(a)(ii) or (iii) of this 30280
section, is actively seeking suitable work either in a locality in 30281
which the individual has earned wages subject to this chapter 30282
during the individual's base period, or if the individual leaves 30283
that locality, then in a locality where suitable work normally is 30284
performed.30285

       (ii) The director may waive the requirement that a claimant 30286
be actively seeking work when the director finds that the 30287
individual has been laid off and the employer who laid the 30288
individual off has notified the director within ten days after the 30289
layoff, that work is expected to be available for the individual 30290
within a specified number of days not to exceed forty-five 30291
calendar days following the last day the individual worked. In the 30292
event the individual is not recalled within the specified period, 30293
this waiver shall cease to be operative with respect to that 30294
layoff.30295

       (iii) The director may waive the requirement that a claimant 30296
be actively seeking work if the director determines that the 30297
individual has been laid off and the employer who laid the 30298
individual off has notified the director in accordance with 30299
division (C) of section 4141.28 of the Revised Code that the 30300
employer has closed the employer's entire plant or part of the 30301
employer's plant for a purpose other than inventory or vacation 30302
that will cause unemployment for a definite period not exceeding 30303
twenty-six weeks beginning on the date the employer notifies the 30304
director, for the period of the specific shutdown, if all of the 30305
following apply:30306

       (I) The employer and the individuals affected by the layoff 30307
who are claiming benefits under this chapter jointly request the 30308
exemption.30309

       (II) The employer provides that the affected individuals 30310
shall return to work for the employer within twenty-six weeks 30311
after the date the employer notifies the director.30312

       (III) The director determines that the waiver of the active 30313
search for work requirement will promote productivity and economic 30314
stability within the state.30315

       (iv) Division (A)(4)(a)(iii) of this section does not exempt 30316
an individual from meeting the other requirements specified in 30317
division (A)(4)(a)(i) of this section to be able to work and 30318
otherwise fully be available for work. An exemption granted under 30319
division (A)(4)(a)(iii) of this section may be granted only with 30320
respect to a specific plant closing.30321

       (b)(i) The individual shall be instructed as to the efforts 30322
that the individual must make in the search for suitable work, 30323
including that, within six months after the effective date of this 30324
amendmentOctober 11, 2013, the individual shall register with 30325
OhioMeansJobs, except in any of the following circumstances:30326

        (I) The individual is an individual described in division 30327
(A)(4)(b)(iii) of this section;30328

        (II) Where the active search for work requirement has been 30329
waived under division (A)(4)(a) of this section;30330

       (III) Where the active search for work requirement is 30331
considered to be met under division (A)(4)(c), (d), or (e) of this 30332
section.30333

       (ii) An individual who is registered with OhioMeansJobs shall 30334
receive a weekly listing of available jobs based on information 30335
provided by the individual at the time of registration. For each 30336
week that the individual claims benefits, the individual shall 30337
keep a record of the individual's work search efforts and shall 30338
produce that record in the manner and means prescribed by the 30339
director.30340

       (iii) No individual shall be required to register with 30341
OhioMeansJobs if the individual is legally prohibited from using a 30342
computer, has a physical or visual impairment that makes the 30343
individual unable to use a computer, or has a limited ability to 30344
read, write, speak, or understand a language in which 30345
OhioMeansJobs is available.30346

       (iv) As used in division (A)(4)(b) of this section:30347

       (I) "OhioMeansJobs" means the electronic job placement system 30348
operated by the state.30349

       (II) "Registration" includes the creation, electronic 30350
posting, and maintenance of an active, searchable resume.30351

       (c) An individual who is attending a training course approved 30352
by the director meets the requirement of this division, if 30353
attendance was recommended by the director and the individual is 30354
regularly attending the course and is making satisfactory 30355
progress. An individual also meets the requirements of this 30356
division if the individual is participating and advancing in a 30357
training program, as defined in division (P) of section 5709.61 of 30358
the Revised Code, and if an enterprise, defined in division (B) of 30359
section 5709.61 of the Revised Code, is paying all or part of the 30360
cost of the individual's participation in the training program 30361
with the intention of hiring the individual for employment as a 30362
new employee, as defined in division (L) of section 5709.61 of the 30363
Revised Code, for at least ninety days after the individual's 30364
completion of the training program.30365

       (d) An individual who becomes unemployed while attending a 30366
regularly established school and whose base period qualifying 30367
weeks were earned in whole or in part while attending that school, 30368
meets the availability and active search for work requirements of 30369
division (A)(4)(a) of this section if the individual regularly 30370
attends the school during weeks with respect to which the 30371
individual claims unemployment benefits and makes self available 30372
on any shift of hours for suitable employment with the 30373
individual's most recent employer or any other employer in the 30374
individual's base period, or for any other suitable employment to 30375
which the individual is directed, under this chapter.30376

       (e) An individual who is a member in good standing with a 30377
labor organization that refers individuals to jobs meets the 30378
active search for work requirement specified in division (A)(4)(a) 30379
of this section if the individual provides documentation that the 30380
individual is eligible for a referral or placement upon request 30381
and in a manner prescribed by the director.30382

       (f) Notwithstanding any other provisions of this section, no 30383
otherwise eligible individual shall be denied benefits for any 30384
week because the individual is in training approved under section 30385
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 30386
2296, nor shall that individual be denied benefits by reason of 30387
leaving work to enter such training, provided the work left is not 30388
suitable employment, or because of the application to any week in 30389
training of provisions in this chapter, or any applicable federal 30390
unemployment compensation law, relating to availability for work, 30391
active search for work, or refusal to accept work.30392

       For the purposes of division (A)(4)(f) of this section, 30393
"suitable employment" means with respect to an individual, work of 30394
a substantially equal or higher skill level than the individual's 30395
past adversely affected employment, as defined for the purposes of 30396
the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, and 30397
wages for such work at not less than eighty per cent of the 30398
individual's average weekly wage as determined for the purposes of 30399
that federal act.30400

       (5) Is unable to obtain suitable work. An individual who is 30401
provided temporary work assignments by the individual's employer 30402
under agreed terms and conditions of employment, and who is 30403
required pursuant to those terms and conditions to inquire with 30404
the individual's employer for available work assignments upon the 30405
conclusion of each work assignment, is not considered unable to 30406
obtain suitable employment if suitable work assignments are 30407
available with the employer but the individual fails to contact 30408
the employer to inquire about work assignments.30409

       (6) Participates in reemployment services, such as job search 30410
assistance services, if the individual has been determined to be 30411
likely to exhaust benefits under this chapter, including 30412
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other than 30413
extended compensation, and needs reemployment services pursuant to 30414
the profiling system established by the director under division 30415
(K) of this section, unless the director determines that:30416

       (a) The individual has completed such services; or30417

       (b) There is justifiable cause for the claimant's failure to 30418
participate in such services.30419

       Ineligibility for failure to participate in reemployment 30420
services as described in division (A)(6) of this section shall be 30421
for the week or weeks in which the claimant was scheduled and 30422
failed to participate without justifiable cause.30423

       (7) Participates in the reemployment and eligibility 30424
assessment program, or other reemployment services, as required by 30425
the director. As used in division (A)(7) of this section, 30426
"reemployment services" includes job search assistance activities, 30427
skills assessments, and the provision of labor market statistics 30428
or analysis.30429

       (a) For purposes of division (A)(7) of this section, 30430
participation is required unless the director determines that 30431
either of the following circumstances applies to the individual:30432

       (i) The individual has completed similar services.30433

       (ii) Justifiable cause exists for the failure of the 30434
individual to participate in those services.30435

       (b) Within six months after the effective date of this 30436
amendmentOctober 11, 2013, notwithstanding any earlier contact an 30437
individual may have had with a local one-stop county office, 30438
including as described in section 6301.08 of the Revised Code, 30439
beginning with the eighth week after the week during which an 30440
individual first files a valid application for determination of 30441
benefit rights in the individual's benefit year, the individual 30442
shall report to a local one-stop county office for reemployment 30443
services in the manner prescribed by the director.30444

       (c) An individual whose active search for work requirement 30445
has been waived under division (A)(4)(a) of this section or is 30446
considered to be satisfied under division (A)(4)(c), (d), or (e) 30447
of this section is exempt from the requirements of division (A)(7) 30448
of this section.30449

       (B) An individual suffering total or partial unemployment is 30450
eligible for benefits for unemployment occurring subsequent to a 30451
waiting period of one week and no benefits shall be payable during 30452
this required waiting period. Not more than one week of waiting 30453
period shall be required of any individual in any benefit year in 30454
order to establish the individual's eligibility for total or 30455
partial unemployment benefits.30456

       (C) The waiting period for total or partial unemployment 30457
shall commence on the first day of the first week with respect to 30458
which the individual first files a claim for benefits at an 30459
employment office or other place of registration maintained or 30460
designated by the director or on the first day of the first week 30461
with respect to which the individual has otherwise filed a claim 30462
for benefits in accordance with the rules of the department of job 30463
and family services, provided such claim is allowed by the 30464
director.30465

       (D) Notwithstanding division (A) of this section, no 30466
individual may serve a waiting period or be paid benefits under 30467
the following conditions:30468

       (1) For any week with respect to which the director finds 30469
that:30470

       (a) The individual's unemployment was due to a labor dispute 30471
other than a lockout at any factory, establishment, or other 30472
premises located in this or any other state and owned or operated 30473
by the employer by which the individual is or was last employed; 30474
and for so long as the individual's unemployment is due to such 30475
labor dispute. No individual shall be disqualified under this 30476
provision if either of the following applies:30477

       (i) The individual's employment was with such employer at any 30478
factory, establishment, or premises located in this state, owned 30479
or operated by such employer, other than the factory, 30480
establishment, or premises at which the labor dispute exists, if 30481
it is shown that the individual is not financing, participating 30482
in, or directly interested in such labor dispute;30483

       (ii) The individual's employment was with an employer not 30484
involved in the labor dispute but whose place of business was 30485
located within the same premises as the employer engaged in the 30486
dispute, unless the individual's employer is a wholly owned 30487
subsidiary of the employer engaged in the dispute, or unless the 30488
individual actively participates in or voluntarily stops work 30489
because of such dispute. If it is established that the claimant 30490
was laid off for an indefinite period and not recalled to work 30491
prior to the dispute, or was separated by the employer prior to 30492
the dispute for reasons other than the labor dispute, or that the 30493
individual obtained a bona fide job with another employer while 30494
the dispute was still in progress, such labor dispute shall not 30495
render the employee ineligible for benefits.30496

       (b) The individual has been given a disciplinary layoff for 30497
misconduct in connection with the individual's work.30498

       (2) For the duration of the individual's unemployment if the 30499
director finds that:30500

       (a) The individual quit work without just cause or has been 30501
discharged for just cause in connection with the individual's 30502
work, provided division (D)(2) of this section does not apply to 30503
the separation of a person under any of the following 30504
circumstances:30505

       (i) Separation from employment for the purpose of entering 30506
the armed forces of the United States if the individual is 30507
inducted into the armed forces within one of the following 30508
periods:30509

       (I) Thirty days after separation;30510

       (II) One hundred eighty days after separation if the 30511
individual's date of induction is delayed solely at the discretion 30512
of the armed forces.30513

       (ii) Separation from employment pursuant to a 30514
labor-management contract or agreement, or pursuant to an 30515
established employer plan, program, or policy, which permits the 30516
employee, because of lack of work, to accept a separation from 30517
employment;30518

       (iii) The individual has left employment to accept a recall 30519
from a prior employer or, except as provided in division 30520
(D)(2)(a)(iv) of this section, to accept other employment as 30521
provided under section 4141.291 of the Revised Code, or left or 30522
was separated from employment that was concurrent employment at 30523
the time of the most recent separation or within six weeks prior 30524
to the most recent separation where the remuneration, hours, or 30525
other conditions of such concurrent employment were substantially 30526
less favorable than the individual's most recent employment and 30527
where such employment, if offered as new work, would be considered 30528
not suitable under the provisions of divisions (E) and (F) of this 30529
section. Any benefits that would otherwise be chargeable to the 30530
account of the employer from whom an individual has left 30531
employment or was separated from employment that was concurrent 30532
employment under conditions described in division (D)(2)(a)(iii) 30533
of this section, shall instead be charged to the mutualized 30534
account created by division (B) of section 4141.25 of the Revised 30535
Code, except that any benefits chargeable to the account of a 30536
reimbursing employer under division (D)(2)(a)(iii) of this section 30537
shall be charged to the account of the reimbursing employer and 30538
not to the mutualized account, except as provided in division 30539
(D)(2) of section 4141.24 of the Revised Code.30540

       (iv) When an individual has been issued a definite layoff 30541
date by the individual's employer and before the layoff date, the 30542
individual quits to accept other employment, the provisions of 30543
division (D)(2)(a)(iii) of this section apply and no 30544
disqualification shall be imposed under division (D) of this 30545
section. However, if the individual fails to meet the employment 30546
and earnings requirements of division (A)(2) of section 4141.291 30547
of the Revised Code, then the individual, pursuant to division 30548
(A)(5) of this section, shall be ineligible for benefits for any 30549
week of unemployment that occurs prior to the layoff date.30550

       (b) The individual has refused without good cause to accept 30551
an offer of suitable work when made by an employer either in 30552
person or to the individual's last known address, or has refused 30553
or failed to investigate a referral to suitable work when directed 30554
to do so by a local employment office of this state or another 30555
state, provided that this division shall not cause a 30556
disqualification for a waiting week or benefits under the 30557
following circumstances:30558

       (i) When work is offered by the individual's employer and the 30559
individual is not required to accept the offer pursuant to the 30560
terms of the labor-management contract or agreement; or30561

       (ii) When the individual is attending a training course 30562
pursuant to division (A)(4) of this section except, in the event 30563
of a refusal to accept an offer of suitable work or a refusal or 30564
failure to investigate a referral, benefits thereafter paid to 30565
such individual shall not be charged to the account of any 30566
employer and, except as provided in division (B)(1)(b) of section 30567
4141.241 of the Revised Code, shall be charged to the mutualized 30568
account as provided in division (B) of section 4141.25 of the 30569
Revised Code.30570

       (c) Such individual quit work to marry or because of marital, 30571
parental, filial, or other domestic obligations.30572

       (d) The individual became unemployed by reason of commitment 30573
to any correctional institution.30574

       (e) The individual became unemployed because of dishonesty in 30575
connection with the individual's most recent or any base period 30576
work. Remuneration earned in such work shall be excluded from the 30577
individual's total base period remuneration and qualifying weeks 30578
that otherwise would be credited to the individual for such work 30579
in the individual's base period shall not be credited for the 30580
purpose of determining the total benefits to which the individual 30581
is eligible and the weekly benefit amount to be paid under section 30582
4141.30 of the Revised Code. Such excluded remuneration and 30583
noncredited qualifying weeks shall be excluded from the 30584
calculation of the maximum amount to be charged, under division 30585
(D) of section 4141.24 and section 4141.33 of the Revised Code, 30586
against the accounts of the individual's base period employers. In 30587
addition, no benefits shall thereafter be paid to the individual 30588
based upon such excluded remuneration or noncredited qualifying 30589
weeks.30590

       For purposes of division (D)(2)(e) of this section, 30591
"dishonesty" means the commission of substantive theft, fraud, or 30592
deceitful acts.30593

       (E) No individual otherwise qualified to receive benefits 30594
shall lose the right to benefits by reason of a refusal to accept 30595
new work if:30596

       (1) As a condition of being so employed the individual would 30597
be required to join a company union, or to resign from or refrain 30598
from joining any bona fide labor organization, or would be denied 30599
the right to retain membership in and observe the lawful rules of 30600
any such organization.30601

       (2) The position offered is vacant due directly to a strike, 30602
lockout, or other labor dispute.30603

       (3) The work is at an unreasonable distance from the 30604
individual's residence, having regard to the character of the work 30605
the individual has been accustomed to do, and travel to the place 30606
of work involves expenses substantially greater than that required 30607
for the individual's former work, unless the expense is provided 30608
for.30609

       (4) The remuneration, hours, or other conditions of the work 30610
offered are substantially less favorable to the individual than 30611
those prevailing for similar work in the locality.30612

       (F) Subject to the special exceptions contained in division 30613
(A)(4)(f) of this section and section 4141.301 of the Revised 30614
Code, in determining whether any work is suitable for a claimant 30615
in the administration of this chapter, the director, in addition 30616
to the determination required under division (E) of this section, 30617
shall consider the degree of risk to the claimant's health, 30618
safety, and morals, the individual's physical fitness for the 30619
work, the individual's prior training and experience, the length 30620
of the individual's unemployment, the distance of the available 30621
work from the individual's residence, and the individual's 30622
prospects for obtaining local work.30623

       (G) The "duration of unemployment" as used in this section 30624
means the full period of unemployment next ensuing after a 30625
separation from any base period or subsequent work and until an 30626
individual has become reemployed in employment subject to this 30627
chapter, or the unemployment compensation act of another state, or 30628
of the United States, and until such individual has worked six 30629
weeks and for those weeks has earned or been paid remuneration 30630
equal to six times an average weekly wage of not less than: 30631
eighty-five dollars and ten cents per week beginning on June 26, 30632
1990; and beginning on and after January 1, 1992, twenty-seven and 30633
one-half per cent of the statewide average weekly wage as computed 30634
each first day of January under division (B)(3) of section 4141.30 30635
of the Revised Code, rounded down to the nearest dollar, except 30636
for purposes of division (D)(2)(c) of this section, such term 30637
means the full period of unemployment next ensuing after a 30638
separation from such work and until such individual has become 30639
reemployed subject to the terms set forth above, and has earned 30640
wages equal to one-half of the individual's average weekly wage or 30641
sixty dollars, whichever is less.30642

       (H) If a claimant is disqualified under division (D)(2)(a), 30643
(c), or (d) of this section or found to be qualified under the 30644
exceptions provided in division (D)(2)(a)(i), (iii), or (iv) of 30645
this section or division (A)(2) of section 4141.291 of the Revised 30646
Code, then benefits that may become payable to such claimant, 30647
which are chargeable to the account of the employer from whom the 30648
individual was separated under such conditions, shall be charged 30649
to the mutualized account provided in section 4141.25 of the 30650
Revised Code, provided that no charge shall be made to the 30651
mutualized account for benefits chargeable to a reimbursing 30652
employer, except as provided in division (D)(2) of section 4141.24 30653
of the Revised Code. In the case of a reimbursing employer, the 30654
director shall refund or credit to the account of the reimbursing 30655
employer any over-paid benefits that are recovered under division 30656
(B) of section 4141.35 of the Revised Code. Amounts chargeable to 30657
other states, the United States, or Canada that are subject to 30658
agreements and arrangements that are established pursuant to 30659
section 4141.43 of the Revised Code shall be credited or 30660
reimbursed according to the agreements and arrangements to which 30661
the chargeable amounts are subject.30662

       (I)(1) Benefits based on service in employment as provided in 30663
divisions (B)(2)(a) and (b) of section 4141.01 of the Revised Code 30664
shall be payable in the same amount, on the same terms, and 30665
subject to the same conditions as benefits payable on the basis of 30666
other service subject to this chapter; except that after December 30667
31, 1977:30668

       (a) Benefits based on service in an instructional, research, 30669
or principal administrative capacity in an institution of higher 30670
education, as defined in division (Y) of section 4141.01 of the 30671
Revised Code; or for an educational institution as defined in 30672
division (CC) of section 4141.01 of the Revised Code, shall not be 30673
paid to any individual for any week of unemployment that begins 30674
during the period between two successive academic years or terms, 30675
or during a similar period between two regular but not successive 30676
terms or during a period of paid sabbatical leave provided for in 30677
the individual's contract, if the individual performs such 30678
services in the first of those academic years or terms and has a 30679
contract or a reasonable assurance that the individual will 30680
perform services in any such capacity for any such institution in 30681
the second of those academic years or terms.30682

       (b) Benefits based on service for an educational institution 30683
or an institution of higher education in other than an 30684
instructional, research, or principal administrative capacity, 30685
shall not be paid to any individual for any week of unemployment 30686
which begins during the period between two successive academic 30687
years or terms of the employing educational institution or 30688
institution of higher education, provided the individual performed 30689
those services for the educational institution or institution of 30690
higher education during the first such academic year or term and, 30691
there is a reasonable assurance that such individual will perform 30692
those services for any educational institution or institution of 30693
higher education in the second of such academic years or terms.30694

       If compensation is denied to any individual for any week 30695
under division (I)(1)(b) of this section and the individual was 30696
not offered an opportunity to perform those services for an 30697
institution of higher education or for an educational institution 30698
for the second of such academic years or terms, the individual is 30699
entitled to a retroactive payment of compensation for each week 30700
for which the individual timely filed a claim for compensation and 30701
for which compensation was denied solely by reason of division 30702
(I)(1)(b) of this section. An application for retroactive benefits 30703
shall be timely filed if received by the director or the 30704
director's deputy within or prior to the end of the fourth full 30705
calendar week after the end of the period for which benefits were 30706
denied because of reasonable assurance of employment. The 30707
provision for the payment of retroactive benefits under division 30708
(I)(1)(b) of this section is applicable to weeks of unemployment 30709
beginning on and after November 18, 1983. The provisions under 30710
division (I)(1)(b) of this section shall be retroactive to 30711
September 5, 1982, only if, as a condition for full tax credit 30712
against the tax imposed by the "Federal Unemployment Tax Act," 53 30713
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311, the United States 30714
secretary of labor determines that retroactivity is required by 30715
federal law.30716

       (c) With respect to weeks of unemployment beginning after 30717
December 31, 1977, benefits shall be denied to any individual for 30718
any week which commences during an established and customary 30719
vacation period or holiday recess, if the individual performs any 30720
services described in divisions (I)(1)(a) and (b) of this section 30721
in the period immediately before the vacation period or holiday 30722
recess, and there is a reasonable assurance that the individual 30723
will perform any such services in the period immediately following 30724
the vacation period or holiday recess.30725

       (d) With respect to any services described in division 30726
(I)(1)(a), (b), or (c) of this section, benefits payable on the 30727
basis of services in any such capacity shall be denied as 30728
specified in division (I)(1)(a), (b), or (c) of this section to 30729
any individual who performs such services in an educational 30730
institution or institution of higher education while in the employ 30731
of an educational service agency. For this purpose, the term 30732
"educational service agency" means a governmental agency or 30733
governmental entity that is established and operated exclusively 30734
for the purpose of providing services to one or more educational 30735
institutions or one or more institutions of higher education.30736

       (e) Any individual employed by a county board of 30737
developmental disabilities shall be notified by the thirtieth day 30738
of April each year if the individual is not to be reemployed the 30739
following academic year.30740

       (f) Any individual employed by a school district, other than 30741
a municipal school district as defined in section 3311.71 of the 30742
Revised Code, shall be notified by the first day of June each year 30743
if the individual is not to be reemployed the following academic 30744
year.30745

       (2) No disqualification will be imposed, between academic 30746
years or terms or during a vacation period or holiday recess under 30747
this division, unless the director or the director's deputy has 30748
received a statement in writing from the educational institution 30749
or institution of higher education that the claimant has a 30750
contract for, or a reasonable assurance of, reemployment for the 30751
ensuing academic year or term.30752

       (3) If an individual has employment with an educational 30753
institution or an institution of higher education and employment 30754
with a noneducational employer, during the base period of the 30755
individual's benefit year, then the individual may become eligible 30756
for benefits during the between-term, or vacation or holiday 30757
recess, disqualification period, based on employment performed for 30758
the noneducational employer, provided that the employment is 30759
sufficient to qualify the individual for benefit rights separately 30760
from the benefit rights based on school employment. The weekly 30761
benefit amount and maximum benefits payable during a 30762
disqualification period shall be computed based solely on the 30763
nonschool employment.30764

       (J) Benefits shall not be paid on the basis of employment 30765
performed by an alien, unless the alien had been lawfully admitted 30766
to the United States for permanent residence at the time the 30767
services were performed, was lawfully present for purposes of 30768
performing the services, or was otherwise permanently residing in 30769
the United States under color of law at the time the services were 30770
performed, under section 212(d)(5) of the "Immigration and 30771
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101:30772

       (1) Any data or information required of individuals applying 30773
for benefits to determine whether benefits are not payable to them 30774
because of their alien status shall be uniformly required from all 30775
applicants for benefits.30776

       (2) In the case of an individual whose application for 30777
benefits would otherwise be approved, no determination that 30778
benefits to the individual are not payable because of the 30779
individual's alien status shall be made except upon a 30780
preponderance of the evidence that the individual had not, in 30781
fact, been lawfully admitted to the United States.30782

       (K) The director shall establish and utilize a system of 30783
profiling all new claimants under this chapter that:30784

       (1) Identifies which claimants will be likely to exhaust 30785
regular compensation and will need job search assistance services 30786
to make a successful transition to new employment;30787

       (2) Refers claimants identified pursuant to division (K)(1) 30788
of this section to reemployment services, such as job search 30789
assistance services, available under any state or federal law;30790

       (3) Collects follow-up information relating to the services 30791
received by such claimants and the employment outcomes for such 30792
claimant's subsequent to receiving such services and utilizes such 30793
information in making identifications pursuant to division (K)(1) 30794
of this section; and30795

       (4) Meets such other requirements as the United States 30796
secretary of labor determines are appropriate.30797

       (L) Except as otherwise provided in division (A)(6) of this 30798
section, ineligibility pursuant to division (A) of this section 30799
shall begin on the first day of the week in which the claimant 30800
becomes ineligible for benefits and shall end on the last day of 30801
the week preceding the week in which the claimant satisfies the 30802
eligibility requirements.30803

       (M) The director may adopt rules that the director considers 30804
necessary for the administration of division (A) of this section.30805

       Sec. 4141.35.  (A) If the director of job and family services 30806
finds that any fraudulent misrepresentation has been made by an 30807
applicant for or a recipient of benefits with the object of 30808
obtaining benefits to which the applicant or recipient was not 30809
entitled, and in addition to any other penalty or forfeiture under 30810
this chapter, then the director:30811

       (1) Shall within four years after the end of the benefit year 30812
in which the fraudulent misrepresentation was made reject or 30813
cancel such person's entire weekly claim for benefits that was 30814
fraudulently claimed, or the person's entire benefit rights if the 30815
misrepresentation was in connection with the filing of the 30816
claimant's application for determination of benefit rights;30817

       (2) Shall by order declare that, for each application for 30818
benefit rights and for each weekly claim canceled, such person 30819
shall be ineligible for two otherwise valid weekly claims for 30820
benefits, claimed within six years subsequent to the discovery of 30821
such misrepresentation;30822

       (3) By order shall require that the total amount of benefits 30823
rejected or canceled under division (A)(1) of this section be 30824
repaid to the director before such person may become eligible for 30825
further benefits, and shall withhold such unpaid sums from future 30826
benefit payments accruing and otherwise payable to such claimant. 30827
Effective with orders issued on or after January 1, 1993, if such 30828
benefits are not repaid within thirty days after the director's 30829
order becomes final, interest on the amount remaining unpaid shall 30830
be charged to the person at a rate and calculated in the same 30831
manner as provided under section 4141.23 of the Revised Code. When 30832
a person ordered to repay benefits has repaid all overpaid 30833
benefits according to a plan approved by the director, the 30834
director may cancel the amount of interest that accrued during the 30835
period of the repayment plan. The director may take action in any 30836
court of competent jurisdiction to collect benefits and interest 30837
as provided in sections 4141.23 and 4141.27 of the Revised Code, 30838
in regard to the collection of unpaid contributions, using the 30839
final repayment order as the basis for such action. Except as 30840
otherwise provided in this division, no administrative or legal 30841
proceedings for the collection of such benefits or interest due, 30842
or for the collection of a penalty under division (A)(4) of this 30843
section, shall be initiated after the expiration of six years from 30844
the date on which the director's order requiring repayment became 30845
final and the amount of any benefits, penalty, or interest not 30846
recovered at that time, and any liens thereon, shall be canceled 30847
as uncollectible. The time limit for instituting proceedings shall 30848
be extended by the period of any stay to the collection or by any 30849
other time period to which the parties mutually agree.30850

       (4) Shall, for findings made on or after October 21, 2013, by 30851
order assess a mandatory penalty on such a person in an amount 30852
equal to twenty-five per cent of the total amount of benefits 30853
rejected or canceled under division (A)(1) of this section. The 30854
first sixty per cent of each penalty collected under division 30855
(A)(4) of this section shall be deposited into the unemployment 30856
compensation fund created under section 4141.09 of the Revised 30857
Code, and theand shall be credited to the mutualized account, as 30858
provided in division (B)(2)(g) of section 4141.25 of the Revised 30859
Code. The remainder of each penalty collected shall be deposited 30860
into the unemployment compensation special administrative fund 30861
created under section 4141.11 of the Revised Code. 30862

       (5) May take action to collect benefits fraudulently obtained 30863
under the unemployment compensation law of any other state or the 30864
United States or Canada. Such action may be initiated in the 30865
courts of this state in the same manner as provided for unpaid 30866
contributions in section 4141.41 of the Revised Code.30867

       (6) May take action to collect benefits that have been 30868
fraudulently obtained from the director, interest pursuant to 30869
division (A)(3) of this section, and court costs, through 30870
attachment proceedings under Chapter 2715. of the Revised Code and 30871
garnishment proceedings under Chapter 2716. of the Revised Code.30872

       (B) If the director finds that an applicant for benefits has 30873
been credited with a waiting period or paid benefits to which the 30874
applicant was not entitled for reasons other than fraudulent 30875
misrepresentation, the director shall:30876

       (1)(a) Within six months after the determination under which 30877
the claimant was credited with that waiting period or paid 30878
benefits becomes final pursuant to section 4141.28 of the Revised 30879
Code, or within three years after the end of the benefit year in 30880
which such benefits were claimed, whichever is later, by order 30881
cancel such waiting period and require that such benefits be 30882
repaid to the director or be withheld from any benefits to which 30883
such applicant is or may become entitled before any additional 30884
benefits are paid, provided that the repayment or withholding 30885
shall not be required where the overpayment is the result of the 30886
director's correcting a prior decision due to a typographical or 30887
clerical error in the director's prior decision, or an error in an 30888
employer's report under division (G) of section 4141.28 of the 30889
Revised Code.30890

       (b) The limitation specified in division (B)(1)(a) of this 30891
section shall not apply to cases involving the retroactive payment 30892
of remuneration covering periods for which benefits were 30893
previously paid to the claimant. However, in such cases, the 30894
director's order requiring repayment shall not be issued unless 30895
the director is notified of such retroactive payment within six 30896
months from the date the retroactive payment was made to the 30897
claimant.30898

       (2) The director may, by reciprocal agreement with the United 30899
States secretary of labor or another state, recover overpayment 30900
amounts from unemployment benefits otherwise payable to an 30901
individual under Chapter 4141. of the Revised Code. Any 30902
overpayments made to the individual that have not previously been 30903
recovered under an unemployment benefit program of the United 30904
States may be recovered in accordance with section 303(g) of the 30905
"Social Security Act" and sections 3304(a)(4) and 3306(f) of the 30906
"Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A. 30907
3301 to 3311.30908

       (3) If the amounts required to be repaid under division (B) 30909
of this section are not recovered within three years from the date 30910
the director's order requiring payment became final, initiate no 30911
further action to collect such benefits and the amount of any 30912
benefits not recovered at that time shall be canceled as 30913
uncollectible, provided that the time limit for collection shall 30914
be extended by the period of any stay to the collection or by any 30915
other time period to which the parties mutually agree.30916

       (C) The appeal provisions of sections 4141.281 and 4141.282 30917
of the Revised Code shall apply to all orders and determinations 30918
issued under this section, except that an individual's right of 30919
appeal under division (B)(2) of this section shall be limited to 30920
this state's authority to recover overpayment of benefits.30921

       (D) If an individual makes a full repayment or a repayment 30922
that is less than the full amount required by this section, the 30923
director shall apply the repayment to the mutualized account under 30924
division (B) of section 4141.25 of the Revised Code, except that 30925
the director shall credit the repayment to the accounts of the 30926
individual's base period employers that previously have not been 30927
credited for the amount of improperly paid benefits charged 30928
against their accounts based on the proportion of benefits charged 30929
against the accounts as determined pursuant to division (D) of 30930
section 4141.24 of the Revised Code.30931

       The director shall deposit any repayment collected under this 30932
section that the director determines to be payment of interest or 30933
court costs into the unemployment compensation special 30934
administrative fund established pursuant to section 4141.11 of the 30935
Revised Code.30936

       This division does not apply to federalany of the following:30937

       (1) Federal tax refund offsets under 31 C.F.R. 285.8;30938

       (2) Unclaimed fund recoveries under section 131.024 of the 30939
Revised Code;30940

        (3) Lottery award offsets under section 3770.073 of the 30941
Revised Code;30942

        (4) State tax refund offsets under section 5747.12 of the 30943
Revised Code.30944

       Sec. 4511.191.  (A)(1) As used in this section:30945

        (a) "Physical control" has the same meaning as in section 30946
4511.194 of the Revised Code.30947

       (b) "Alcohol monitoring device" means any device that 30948
provides for continuous alcohol monitoring, any ignition interlock 30949
device, any immobilizing or disabling device other than an 30950
ignition interlock device that is constantly available to monitor 30951
the concentration of alcohol in a person's system, or any other 30952
device that provides for the automatic testing and periodic 30953
reporting of alcohol consumption by a person and that a court 30954
orders a person to use as a sanction imposed as a result of the 30955
person's conviction of or plea of guilty to an offense.30956

       (2) Any person who operates a vehicle, streetcar, or 30957
trackless trolley upon a highway or any public or private property 30958
used by the public for vehicular travel or parking within this 30959
state or who is in physical control of a vehicle, streetcar, or 30960
trackless trolley shall be deemed to have given consent to a 30961
chemical test or tests of the person's whole blood, blood serum or 30962
plasma, breath, or urine to determine the alcohol, drug of abuse, 30963
controlled substance, metabolite of a controlled substance, or 30964
combination content of the person's whole blood, blood serum or 30965
plasma, breath, or urine if arrested for a violation of division 30966
(A) or (B) of section 4511.19 of the Revised Code, section 30967
4511.194 of the Revised Code or a substantially equivalent 30968
municipal ordinance, or a municipal OVI ordinance.30969

       (3) The chemical test or tests under division (A)(2) of this 30970
section shall be administered at the request of a law enforcement 30971
officer having reasonable grounds to believe the person was 30972
operating or in physical control of a vehicle, streetcar, or 30973
trackless trolley in violation of a division, section, or 30974
ordinance identified in division (A)(2) of this section. The law 30975
enforcement agency by which the officer is employed shall 30976
designate which of the tests shall be administered.30977

       (4) Any person who is dead or unconscious, or who otherwise 30978
is in a condition rendering the person incapable of refusal, shall 30979
be deemed to have consented as provided in division (A)(2) of this 30980
section, and the test or tests may be administered, subject to 30981
sections 313.12 to 313.16 of the Revised Code.30982

       (5)(a) If a law enforcement officer arrests a person for a 30983
violation of division (A) or (B) of section 4511.19 of the Revised 30984
Code, section 4511.194 of the Revised Code or a substantially 30985
equivalent municipal ordinance, or a municipal OVI ordinance and 30986
if the person if convicted would be required to be sentenced under 30987
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised 30988
Code, the law enforcement officer shall request the person to 30989
submit, and the person shall submit, to a chemical test or tests 30990
of the person's whole blood, blood serum or plasma, breath, or 30991
urine for the purpose of determining the alcohol, drug of abuse, 30992
controlled substance, metabolite of a controlled substance, or 30993
combination content of the person's whole blood, blood serum or 30994
plasma, breath, or urine. A law enforcement officer who makes a 30995
request pursuant to this division that a person submit to a 30996
chemical test or tests is not required to advise the person of the 30997
consequences of submitting to, or refusing to submit to, the test 30998
or tests and is not required to give the person the form described 30999
in division (B) of section 4511.192 of the Revised Code, but the 31000
officer shall advise the person at the time of the arrest that if 31001
the person refuses to take a chemical test the officer may employ 31002
whatever reasonable means are necessary to ensure that the person 31003
submits to a chemical test of the person's whole blood or blood 31004
serum or plasma. The officer shall also advise the person at the 31005
time of the arrest that the person may have an independent 31006
chemical test taken at the person's own expense. Divisions (A)(3) 31007
and (4) of this section apply to the administration of a chemical 31008
test or tests pursuant to this division.31009

       (b) If a person refuses to submit to a chemical test upon a 31010
request made pursuant to division (A)(5)(a) of this section, the 31011
law enforcement officer who made the request may employ whatever 31012
reasonable means are necessary to ensure that the person submits 31013
to a chemical test of the person's whole blood or blood serum or 31014
plasma. A law enforcement officer who acts pursuant to this 31015
division to ensure that a person submits to a chemical test of the 31016
person's whole blood or blood serum or plasma is immune from 31017
criminal and civil liability based upon a claim for assault and 31018
battery or any other claim for the acts, unless the officer so 31019
acted with malicious purpose, in bad faith, or in a wanton or 31020
reckless manner.31021

       (B)(1) Upon receipt of the sworn report of a law enforcement 31022
officer who arrested a person for a violation of division (A) or 31023
(B) of section 4511.19 of the Revised Code, section 4511.194 of 31024
the Revised Code or a substantially equivalent municipal 31025
ordinance, or a municipal OVI ordinance that was completed and 31026
sent to the registrar of motor vehicles and a court pursuant to 31027
section 4511.192 of the Revised Code in regard to a person who 31028
refused to take the designated chemical test, the registrar shall 31029
enter into the registrar's records the fact that the person's 31030
driver's or commercial driver's license or permit or nonresident 31031
operating privilege was suspended by the arresting officer under 31032
this division and that section and the period of the suspension, 31033
as determined under this section. The suspension shall be subject 31034
to appeal as provided in section 4511.197 of the Revised Code. The 31035
suspension shall be for whichever of the following periods 31036
applies:31037

       (a) Except when division (B)(1)(b), (c), or (d) of this 31038
section applies and specifies a different class or length of 31039
suspension, the suspension shall be a class C suspension for the 31040
period of time specified in division (B)(3) of section 4510.02 of 31041
the Revised Code.31042

       (b) If the arrested person, within six years of the date on 31043
which the person refused the request to consent to the chemical 31044
test, had refused one previous request to consent to a chemical 31045
test or had been convicted of or pleaded guilty to one violation 31046
of division (A) or (B) of section 4511.19 of the Revised Code or 31047
one other equivalent offense, the suspension shall be a class B 31048
suspension imposed for the period of time specified in division 31049
(B)(2) of section 4510.02 of the Revised Code.31050

       (c) If the arrested person, within six years of the date on 31051
which the person refused the request to consent to the chemical 31052
test, had refused two previous requests to consent to a chemical 31053
test, had been convicted of or pleaded guilty to two violations of 31054
division (A) or (B) of section 4511.19 of the Revised Code or 31055
other equivalent offenses, or had refused one previous request to 31056
consent to a chemical test and also had been convicted of or 31057
pleaded guilty to one violation of division (A) or (B) of section 31058
4511.19 of the Revised Code or other equivalent offenses, which 31059
violation or offense arose from an incident other than the 31060
incident that led to the refusal, the suspension shall be a class 31061
A suspension imposed for the period of time specified in division 31062
(B)(1) of section 4510.02 of the Revised Code.31063

       (d) If the arrested person, within six years of the date on 31064
which the person refused the request to consent to the chemical 31065
test, had refused three or more previous requests to consent to a 31066
chemical test, had been convicted of or pleaded guilty to three or 31067
more violations of division (A) or (B) of section 4511.19 of the 31068
Revised Code or other equivalent offenses, or had refused a number 31069
of previous requests to consent to a chemical test and also had 31070
been convicted of or pleaded guilty to a number of violations of 31071
division (A) or (B) of section 4511.19 of the Revised Code or 31072
other equivalent offenses that cumulatively total three or more 31073
such refusals, convictions, and guilty pleas, the suspension shall 31074
be for five years.31075

       (2) The registrar shall terminate a suspension of the 31076
driver's or commercial driver's license or permit of a resident or 31077
of the operating privilege of a nonresident, or a denial of a 31078
driver's or commercial driver's license or permit, imposed 31079
pursuant to division (B)(1) of this section upon receipt of notice 31080
that the person has entered a plea of guilty to, or that the 31081
person has been convicted after entering a plea of no contest to, 31082
operating a vehicle in violation of section 4511.19 of the Revised 31083
Code or in violation of a municipal OVI ordinance, if the offense 31084
for which the conviction is had or the plea is entered arose from 31085
the same incident that led to the suspension or denial.31086

       The registrar shall credit against any judicial suspension of 31087
a person's driver's or commercial driver's license or permit or 31088
nonresident operating privilege imposed pursuant to section 31089
4511.19 of the Revised Code, or pursuant to section 4510.07 of the 31090
Revised Code for a violation of a municipal OVI ordinance, any 31091
time during which the person serves a related suspension imposed 31092
pursuant to division (B)(1) of this section.31093

       (C)(1) Upon receipt of the sworn report of the law 31094
enforcement officer who arrested a person for a violation of 31095
division (A) or (B) of section 4511.19 of the Revised Code or a 31096
municipal OVI ordinance that was completed and sent to the 31097
registrar and a court pursuant to section 4511.192 of the Revised 31098
Code in regard to a person whose test results indicate that the 31099
person's whole blood, blood serum or plasma, breath, or urine 31100
contained at least the concentration of alcohol specified in 31101
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the 31102
Revised Code or at least the concentration of a listed controlled 31103
substance or a listed metabolite of a controlled substance 31104
specified in division (A)(1)(j) of section 4511.19 of the Revised 31105
Code, the registrar shall enter into the registrar's records the 31106
fact that the person's driver's or commercial driver's license or 31107
permit or nonresident operating privilege was suspended by the 31108
arresting officer under this division and section 4511.192 of the 31109
Revised Code and the period of the suspension, as determined under 31110
divisions (C)(1)(a) to (d) of this section. The suspension shall 31111
be subject to appeal as provided in section 4511.197 of the 31112
Revised Code. The suspension described in this division does not 31113
apply to, and shall not be imposed upon, a person arrested for a 31114
violation of section 4511.194 of the Revised Code or a 31115
substantially equivalent municipal ordinance who submits to a 31116
designated chemical test. The suspension shall be for whichever of 31117
the following periods applies:31118

       (a) Except when division (C)(1)(b), (c), or (d) of this 31119
section applies and specifies a different period, the suspension 31120
shall be a class E suspension imposed for the period of time 31121
specified in division (B)(5) of section 4510.02 of the Revised 31122
Code.31123

       (b) The suspension shall be a class C suspension for the 31124
period of time specified in division (B)(3) of section 4510.02 of 31125
the Revised Code if the person has been convicted of or pleaded 31126
guilty to, within six years of the date the test was conducted, 31127
one violation of division (A) or (B) of section 4511.19 of the 31128
Revised Code or one other equivalent offense.31129

       (c) If, within six years of the date the test was conducted, 31130
the person has been convicted of or pleaded guilty to two 31131
violations of a statute or ordinance described in division 31132
(C)(1)(b) of this section, the suspension shall be a class B 31133
suspension imposed for the period of time specified in division 31134
(B)(2) of section 4510.02 of the Revised Code.31135

       (d) If, within six years of the date the test was conducted, 31136
the person has been convicted of or pleaded guilty to more than 31137
two violations of a statute or ordinance described in division 31138
(C)(1)(b) of this section, the suspension shall be a class A 31139
suspension imposed for the period of time specified in division 31140
(B)(1) of section 4510.02 of the Revised Code.31141

       (2) The registrar shall terminate a suspension of the 31142
driver's or commercial driver's license or permit of a resident or 31143
of the operating privilege of a nonresident, or a denial of a 31144
driver's or commercial driver's license or permit, imposed 31145
pursuant to division (C)(1) of this section upon receipt of notice 31146
that the person has entered a plea of guilty to, or that the 31147
person has been convicted after entering a plea of no contest to, 31148
operating a vehicle in violation of section 4511.19 of the Revised 31149
Code or in violation of a municipal OVI ordinance, if the offense 31150
for which the conviction is had or the plea is entered arose from 31151
the same incident that led to the suspension or denial.31152

       The registrar shall credit against any judicial suspension of 31153
a person's driver's or commercial driver's license or permit or 31154
nonresident operating privilege imposed pursuant to section 31155
4511.19 of the Revised Code, or pursuant to section 4510.07 of the 31156
Revised Code for a violation of a municipal OVI ordinance, any 31157
time during which the person serves a related suspension imposed 31158
pursuant to division (C)(1) of this section.31159

       (D)(1) A suspension of a person's driver's or commercial 31160
driver's license or permit or nonresident operating privilege 31161
under this section for the time described in division (B) or (C) 31162
of this section is effective immediately from the time at which 31163
the arresting officer serves the notice of suspension upon the 31164
arrested person. Any subsequent finding that the person is not 31165
guilty of the charge that resulted in the person being requested 31166
to take the chemical test or tests under division (A) of this 31167
section does not affect the suspension.31168

       (2) If a person is arrested for operating a vehicle, 31169
streetcar, or trackless trolley in violation of division (A) or 31170
(B) of section 4511.19 of the Revised Code or a municipal OVI 31171
ordinance, or for being in physical control of a vehicle, 31172
streetcar, or trackless trolley in violation of section 4511.194 31173
of the Revised Code or a substantially equivalent municipal 31174
ordinance, regardless of whether the person's driver's or 31175
commercial driver's license or permit or nonresident operating 31176
privilege is or is not suspended under division (B) or (C) of this 31177
section or Chapter 4510. of the Revised Code, the person's initial 31178
appearance on the charge resulting from the arrest shall be held 31179
within five days of the person's arrest or the issuance of the 31180
citation to the person, subject to any continuance granted by the 31181
court pursuant to section 4511.197 of the Revised Code regarding 31182
the issues specified in that division.31183

       (E) When it finally has been determined under the procedures 31184
of this section and sections 4511.192 to 4511.197 of the Revised 31185
Code that a nonresident's privilege to operate a vehicle within 31186
this state has been suspended, the registrar shall give 31187
information in writing of the action taken to the motor vehicle 31188
administrator of the state of the person's residence and of any 31189
state in which the person has a license.31190

       (F) At the end of a suspension period under this section, 31191
under section 4511.194, section 4511.196, or division (G) of 31192
section 4511.19 of the Revised Code, or under section 4510.07 of 31193
the Revised Code for a violation of a municipal OVI ordinance and 31194
upon the request of the person whose driver's or commercial 31195
driver's license or permit was suspended and who is not otherwise 31196
subject to suspension, cancellation, or disqualification, the 31197
registrar shall return the driver's or commercial driver's license 31198
or permit to the person upon the occurrence of all of the 31199
conditions specified in divisions (F)(1) and (2) of this section:31200

       (1) A showing that the person has proof of financial 31201
responsibility, a policy of liability insurance in effect that 31202
meets the minimum standards set forth in section 4509.51 of the 31203
Revised Code, or proof, to the satisfaction of the registrar, that 31204
the person is able to respond in damages in an amount at least 31205
equal to the minimum amounts specified in section 4509.51 of the 31206
Revised Code.31207

       (2) Subject to the limitation contained in division (F)(3) of 31208
this section, payment by the person to the registrar or an 31209
eligible deputy registrar of a license reinstatement fee of four 31210
hundred seventy-five dollars, which fee. The registrar or deputy 31211
registrar shall be depositeddeposit the fee in the state treasury 31212
andto be credited as follows:31213

       (a) One hundred twelve dollars and fifty cents shall be 31214
credited to the statewide treatment and prevention fund created by 31215
section 4301.30 of the Revised Code. Money credited to the fund 31216
under this section shall be used for purposes identified under 31217
section 5119.22 of the Revised Code. 31218

       (b) Seventy-five dollars shall be credited to the reparations 31219
fund created by section 2743.191 of the Revised Code.31220

       (c) Thirty-seven dollars and fifty cents shall be credited to 31221
the indigent drivers alcohol treatment fund, which is hereby 31222
established in the state treasury. Except as otherwise provided in 31223
division (F)(2)(c) of this section, moneys in the fund shall be 31224
distributed by theThe department of mental health and addiction 31225
services shall distribute the moneys in that fund to the county 31226
indigent drivers alcohol treatment funds, the county juvenile 31227
indigent drivers alcohol treatment funds, and the municipal 31228
indigent drivers alcohol treatment funds that are required to be 31229
established by counties and municipal corporations pursuant to 31230
division (H) of this section, and shallto be used only to pay 31231
the cost of an alcohol and drug addiction treatment program 31232
attended by an offender or juvenile traffic offender who is 31233
ordered to attend an alcohol and drug addiction treatment program 31234
by a county, juvenile, or municipal court judge and who is 31235
determined by the county, juvenile, or municipal court judge not 31236
to have the means to pay for the person's attendance at the 31237
program or to pay the costs specified in division (H)(4) of this 31238
section in accordance with that division. In addition, a county, 31239
juvenile, or municipal court judge may use moneys in the county 31240
indigent drivers alcohol treatment fund, county juvenile indigent 31241
drivers alcohol treatment fund, or municipal indigent drivers 31242
alcohol treatment fund to pay for the cost of the continued use of 31243
an alcohol monitoring device as described in divisions (H)(3) and 31244
(4) of this sectionas provided in division (H)(3) of this 31245
section. Moneys in the fund that are not distributed to a county 31246
indigent drivers alcohol treatment fund, a county juvenile 31247
indigent drivers alcohol treatment fund, or a municipal indigent 31248
drivers alcohol treatment fund under division (H) of this section 31249
because the director of mental health and addiction services does 31250
not have the information necessary to identify the county or 31251
municipal corporation where the offender or juvenile offender was 31252
arrested may be transferred by the director of budget and 31253
management to the statewide treatment and prevention fund created 31254
by section 4301.30 of the Revised Code, upon certification of the 31255
amount by the director of mental health and addiction services.31256

       (d) Seventy-five dollars shall be credited to the 31257
opportunities for Ohioans with disabilities agency established by 31258
section 3304.15 of the Revised Code, to the services for 31259
rehabilitation fund, which is hereby established. The fund shall 31260
be used to match available federal matching funds where 31261
appropriate, and for any other purpose or program of the agency to 31262
rehabilitate persons with disabilities to help them become 31263
employed and independent.31264

       (e) Seventy-five dollars shall be deposited into the state 31265
treasury and credited to the drug abuse resistance education 31266
programs fund, which is hereby established, to be used by the 31267
attorney general for the purposes specified in division (F)(4) of 31268
this section.31269

       (f) Thirty dollars shall be credited to the state bureau of 31270
motor vehicles fund created by section 4501.25 of the Revised 31271
Code.31272

       (g) Twenty dollars shall be credited to the trauma and 31273
emergency medical services fund created by section 4513.263 of the 31274
Revised Code.31275

       (h) Fifty dollars shall be credited to the indigent drivers 31276
interlock and alcohol monitoring fund, which is hereby established 31277
in the state treasury. Moneys in the fund shall be distributed by 31278
the department of public safety to the county indigent drivers 31279
interlock and alcohol monitoring funds, the county juvenile 31280
indigent drivers interlock and alcohol monitoring funds, and the 31281
municipal indigent drivers interlock and alcohol monitoring funds 31282
that are required to be established by counties and municipal 31283
corporations pursuant to this section, and shall be used only to 31284
pay the cost of an immobilizing or disabling device, including a 31285
certified ignition interlock device, or an alcohol monitoring 31286
device used by an offender or juvenile offender who is ordered to 31287
use the device by a county, juvenile, or municipal court judge and 31288
who is determined by the county, juvenile, or municipal court 31289
judge not to have the means to pay for the person's use of the 31290
device.31291

       (3) If a person's driver's or commercial driver's license or 31292
permit is suspended under this section, under section 4511.196 or 31293
division (G) of section 4511.19 of the Revised Code, under section 31294
4510.07 of the Revised Code for a violation of a municipal OVI 31295
ordinance or under any combination of the suspensions described in 31296
division (F)(3) of this section, and if the suspensions arise from 31297
a single incident or a single set of facts and circumstances, the 31298
person is liable for payment of, and shall be required to pay to 31299
the registrar or an eligible deputy registrar, only one 31300
reinstatement fee of four hundred seventy-five dollars. The 31301
reinstatement fee shall be distributed by the bureau in accordance 31302
with division (F)(2) of this section.31303

       (4) The attorney general shall use amounts in the drug abuse 31304
resistance education programs fund to award grants to law 31305
enforcement agencies to establish and implement drug abuse 31306
resistance education programs in public schools. Grants awarded to 31307
a law enforcement agency under this section shall be used by the 31308
agency to pay for not more than fifty per cent of the amount of 31309
the salaries of law enforcement officers who conduct drug abuse 31310
resistance education programs in public schools. The attorney 31311
general shall not use more than six per cent of the amounts the 31312
attorney general's office receives under division (F)(2)(e) of 31313
this section to pay the costs it incurs in administering the grant 31314
program established by division (F)(2)(e) of this section and in 31315
providing training and materials relating to drug abuse resistance 31316
education programs.31317

       The attorney general shall report to the governor and the 31318
general assembly each fiscal year on the progress made in 31319
establishing and implementing drug abuse resistance education 31320
programs. These reports shall include an evaluation of the 31321
effectiveness of these programs.31322

       (5) In addition to the reinstatement fee under this section, 31323
if the person pays the reinstatement fee to a deputy registrar, 31324
the deputy registrar shall collect a service fee of ten dollars to 31325
compensate the deputy registrar for services performed under this 31326
section. The deputy registrar shall retain eight dollars of the 31327
service fee and shall transmit the reinstatement fee, plus two 31328
dollars of the service fee, to the registrar in the manner the 31329
registrar shall determine.31330

       (G) Suspension of a commercial driver's license under 31331
division (B) or (C) of this section shall be concurrent with any 31332
period of disqualification under section 3123.611 or 4506.16 of 31333
the Revised Code or any period of suspension under section 3123.58 31334
of the Revised Code. No person who is disqualified for life from 31335
holding a commercial driver's license under section 4506.16 of the 31336
Revised Code shall be issued a driver's license under Chapter 31337
4507. of the Revised Code during the period for which the 31338
commercial driver's license was suspended under division (B) or 31339
(C) of this section. No person whose commercial driver's license 31340
is suspended under division (B) or (C) of this section shall be 31341
issued a driver's license under Chapter 4507. of the Revised Code 31342
during the period of the suspension.31343

       (H)(1) Each county shall establish an indigent drivers 31344
alcohol treatment fund, each county shall establishand a juvenile 31345
indigent drivers alcohol treatment fund, and each. Each municipal 31346
corporation in which there is a municipal court shall establish an 31347
indigent drivers alcohol treatment fund. All revenue that the 31348
general assembly appropriates to the indigent drivers alcohol 31349
treatment fund for transfer to a county indigent drivers alcohol 31350
treatment fund, a county juvenile indigent drivers alcohol 31351
treatment fund, or a municipal indigent drivers alcohol treatment 31352
fund, all portions of fees that are paid under division (F) of 31353
this section and that are credited under that division to the 31354
indigent drivers alcohol treatment fund in the state treasury for 31355
a county indigent drivers alcohol treatment fund, a county 31356
juvenile indigent drivers alcohol treatment fund, or a municipal 31357
indigent drivers alcohol treatment fund, all portions of 31358
additional costs imposed under section 2949.094 of the Revised 31359
Code that are specified for deposit into a county, county 31360
juvenile, or municipal indigent drivers alcohol treatment fund by 31361
that section, and all portions of fines that are specified for 31362
deposit into a county or municipal indigent drivers alcohol 31363
treatment fund by section 4511.193 of the Revised Code shall be 31364
deposited into that county indigent drivers alcohol treatment 31365
fund, county juvenile indigent drivers alcohol treatment fund, or 31366
municipal indigent drivers alcohol treatment fund. The portions of 31367
the fees paid under division (F) of this section that are to be so 31368
deposited shall be determined in accordance with division (H)(2) 31369
of this section. Additionally, all portions of fines that are paid 31370
for a violation of section 4511.19 of the Revised Code or of any 31371
prohibition contained in Chapter 4510. of the Revised Code, and 31372
that are required under section 4511.19 or any provision of 31373
Chapter 4510. of the Revised Code to be deposited into a county 31374
indigent drivers alcohol treatment fund or municipal indigent 31375
drivers alcohol treatment fund shall be deposited into the 31376
appropriate fund in accordance with the applicable division of the 31377
section or provision.31378

       The treasurer of state or other appropriate official, as 31379
applicable, shall transfer the following into each county indigent 31380
drivers alcohol treatment fund, county juvenile indigent drivers 31381
alcohol treatment fund, or municipal indigent drivers alcohol 31382
treatment fund, as applicable:31383

        (a) All revenue the general assembly appropriates to the 31384
indigent drivers alcohol treatment fund for transfer into such a 31385
fund;31386

        (b) All portions of fees paid under division (F) of this 31387
section that, in accordance with division (H)(2) of this section, 31388
are credited to the indigent drivers alcohol treatment fund for 31389
deposit into such a fund;31390

        (c) All portions of additional costs imposed under section 31391
2949.094 of the Revised Code that are required to be deposited 31392
into such a fund;31393

        (d) All portions of fines that are required to be deposited 31394
into such a fund under section 4511.193 of the Revised Code;31395

        (e) All portions of fines paid under section 4511.19 of the 31396
Revised Code or Chapter 4510. of the Revised Code that are 31397
required to be paid into such a fund. 31398

       (2) That portion of the license reinstatement fee that is 31399
paid under division (F) of this section and that is credited under 31400
that division to the indigent drivers alcohol treatment fund shall 31401
be deposited into a county indigent drivers alcohol treatment 31402
fund, a county juvenile indigent drivers alcohol treatment fund, 31403
or a municipal indigent drivers alcohol treatment fund as follows:31404

       (a) Regarding a suspension imposed under this section, that 31405
portion of the fee shall be deposited as follows:31406

       (i) If the fee is paid by a person who was charged in a 31407
county court with the violation that resulted in the suspension or 31408
in the imposition of the court costs, the portion shall be 31409
deposited into the county indigent drivers alcohol treatment fund 31410
under the control of that court;31411

       (ii) If the fee is paid by a person who was charged in a 31412
juvenile court with the violation that resulted in the suspension 31413
or in the imposition of the court costs, the portion shall be 31414
deposited into the county juvenile indigent drivers alcohol 31415
treatment fund established in the county served by the court;31416

       (iii) If the fee is paid by a person who was charged in a 31417
municipal court with the violation that resulted in the suspension 31418
or in the imposition of the court costs, the portion shall be 31419
deposited into the municipal indigent drivers alcohol treatment 31420
fund under the control of that court.31421

       (b) Regarding a suspension imposed under section 4511.19 of 31422
the Revised Code or under section 4510.07 of the Revised Code for 31423
a violation of a municipal OVI ordinance, that portion of the fee 31424
shall be deposited as follows:31425

       (i) If the fee is paid by a person whose license or permit 31426
was suspended by a county court, the portion shall be deposited 31427
into the county indigent drivers alcohol treatment fund under the 31428
control of that court;31429

       (ii) If the fee is paid by a person whose license or permit 31430
was suspended by a municipal court, the portion shall be deposited 31431
into the municipal indigent drivers alcohol treatment fund under 31432
the control of that court.31433

       (3) Expenditures(a) As used in division (H)(3) of this 31434
section, "indigent person" means a person who is convicted of, or 31435
found to be a juvenile traffic offender by reason of, a violation 31436
of division (A) of section 4511.19 of the Revised Code or a 31437
substantially similar municipal ordinance, who is ordered by the 31438
court to attend an alcohol and drug addiction treatment program, 31439
and who is determined by the court under division (H)(5) of this 31440
section to be unable to pay the cost of the assessment or the cost 31441
of attendance at the treatment program.31442

        (b) A county, juvenile, or municipal court judge, by order, 31443
may make expenditures from a county indigent drivers alcohol 31444
treatment fund, a county juvenile indigent drivers alcohol 31445
treatment fund, or a municipal indigent drivers alcohol treatment 31446
fund shall be made only upon the order of a county, juvenile, or 31447
municipal court judge and only for payment of the cost of an 31448
assessment or the cost of the attendance at an alcohol and drug 31449
addiction treatment program of awith respect to an indigent31450
person who is convicted of, or found to be a juvenile traffic 31451
offender by reason of, a violation of division (A) of section 31452
4511.19 of the Revised Code or a substantially similar municipal 31453
ordinance, who is ordered by the court to attend the alcohol and 31454
drug addiction treatment program, and who is determined by the 31455
court to be unable to pay the cost of the assessment or the cost 31456
of attendance at the treatment program or for payment of the costs 31457
specified in division (H)(4) of this section in accordance with 31458
that division. Thefor any of the following:31459

       (i) To pay the cost of an assessment that is conducted by an 31460
appropriately licensed clinician at either a driver intervention 31461
program that is certified under section 5119.38 of the Revised 31462
Code or at a community addiction services provider that is 31463
certified under section 5119.36 of the Revised Code; 31464

       (ii) To pay the cost of alcohol addiction services, drug 31465
addiction services, or integrated alcohol and drug addiction 31466
services at a community addiction services provider that is 31467
certified under section 5119.36 of the Revised Code;31468

       (iii) To pay the cost of transportation to attend an 31469
assessment as provided under division (H)(3)(b)(i) of this section 31470
or addiction services as provided under division (H)(3)(b)(ii) of 31471
this section.31472

        The alcohol and drug addiction services board or the board of 31473
alcohol, drug addiction, and mental health services established 31474
pursuant to section 340.02 or 340.021 of the Revised Code and 31475
serving the alcohol, drug addiction, and mental health service 31476
district in which the court is located shall administer the 31477
indigent drivers alcohol treatment program of the court. When a 31478
court orders an offender or juvenile traffic offender to obtain an 31479
assessment or attend an alcohol and drug addiction treatment 31480
program, the board shall determine which program is suitable to 31481
meet the needs of the offender or juvenile traffic offender, and 31482
when a suitable program is located and space is available at the 31483
program, the offender or juvenile traffic offender shall attend 31484
the program designated by the board. A reasonable amount not to 31485
exceed five per cent of the amounts credited to and deposited into 31486
the county indigent drivers alcohol treatment fund, the county 31487
juvenile indigent drivers alcohol treatment fund, or the municipal 31488
indigent drivers alcohol treatment fund serving every court whose 31489
program is administered by that board shall be paid to the board 31490
to cover the costs it incurs in administering those indigent 31491
drivers alcohol treatment programs.31492

       In addition, upon(c) Upon exhaustion of moneys in the 31493
indigent drivers interlock and alcohol monitoring fund for the use 31494
of an alcohol monitoring device, a county, juvenile, or municipal 31495
court judge may use moneys in the county indigent drivers alcohol 31496
treatment fund, county juvenile indigent drivers alcohol treatment 31497
fund, or municipal indigent drivers alcohol treatment fund in 31498
either of the following manners:31499

       (a)(i) If the source of the moneys was an appropriation of 31500
the general assembly, a portion of a fee that was paid under 31501
division (F) of this section, a portion of a fine that was 31502
specified for deposit into the fund by section 4511.193 of the 31503
Revised Code, or a portion of a fine that was paid for a violation 31504
of section 4511.19 of the Revised Code or of a provision contained 31505
in Chapter 4510. of the Revised Code that was required to be 31506
deposited into the fund, to pay for the continued use of an 31507
alcohol monitoring device by an offender or juvenile traffic 31508
offender, in conjunction with a treatment program approved by the 31509
department of mental health and addiction services, when such use 31510
is determined clinically necessary by the treatment program and 31511
when the court determines that the offender or juvenile traffic 31512
offender is unable to pay all or part of the daily monitoring or 31513
cost of the device;31514

       (b)(ii) If the source of the moneys was a portion of an 31515
additional court cost imposed under section 2949.094 of the 31516
Revised Code, to pay for the continued use of an alcohol 31517
monitoring device by an offender or juvenile traffic offender when 31518
the court determines that the offender or juvenile traffic 31519
offender is unable to pay all or part of the daily monitoring or 31520
cost of the device. The moneys may be used for a device as 31521
described in this division if the use of the device is in 31522
conjunction with a treatment program approved by the department of 31523
mental health and addiction services, when the use of the device 31524
is determined clinically necessary by the treatment program, but 31525
the use of a device is not required to be in conjunction with a 31526
treatment program approved by the department in order for the 31527
moneys to be used for the device as described in this division.31528

       (4) If a county, juvenile, or municipal court determines, in 31529
consultation with the alcohol and drug addiction services board or 31530
the board of alcohol, drug addiction, and mental health services 31531
established pursuant to section 340.02 or 340.021 of the Revised 31532
Code and serving the alcohol, drug addiction, and mental health 31533
district in which the court is located, that the funds in the 31534
county indigent drivers alcohol treatment fund, the county 31535
juvenile indigent drivers alcohol treatment fund, or the municipal 31536
indigent drivers alcohol treatment fund under the control of the 31537
court are more than sufficient to satisfy the purpose for which 31538
the fund was established, as specified in divisions (H)(1) to (3) 31539
of this section, the court may declare a surplus in the fund. If 31540
the court declares a surplus in the fund, the court may expend31541
take any of the following actions with regard to the amount of the 31542
surplus in the fund for:31543

       (a) AlcoholExpend any of the surplus amount for alcohol and 31544
drug abuse assessment and treatment, and for the cost of 31545
transportation related to assessment and treatment, of persons who 31546
are charged in the court with committing a criminal offense or 31547
with being a delinquent child or juvenile traffic offender and in 31548
relation to whom both of the following apply:31549

       (i) The court determines that substance abuse was a 31550
contributing factor leading to the criminal or delinquent activity 31551
or the juvenile traffic offense with which the person is charged.31552

       (ii) The court determines that the person is unable to pay 31553
the cost of the alcohol and drug abuse assessment and treatment 31554
for which the surplus money will be used.31555

       (b) AllExpend any of the surplus amount to pay all or part 31556
of the cost of purchasing alcohol monitoring devices to be used in 31557
conjunction with division (H)(3)(c) of this section, upon 31558
exhaustion of moneys in the indigent drivers interlock and alcohol 31559
monitoring fund for the use of an alcohol monitoring device.31560

       (c) Transfer to another court in the same county any of the 31561
surplus amount to be utilized in a manner consistent with division 31562
(H)(3) of this section. If surplus funds are transferred to 31563
another court, the court that transfers the funds shall notify the 31564
alcohol and drug addiction services board or the board of alcohol, 31565
drug addiction, and mental health services that serves the 31566
alcohol, drug addiction, and mental health service district in 31567
which that court is located.31568

        (d) Transfer to the alcohol and drug addiction services board 31569
or the board of alcohol, drug addiction, and mental health 31570
services that serves the alcohol, drug addiction, and mental 31571
health service district in which the court is located any of the 31572
surplus amount to be utilized in a manner consistent with division 31573
(H)(3) of this section or for board contracted recovery support 31574
services. 31575

       (5) For the purpose of determining as described in division 31576
(F)(2)(c) of this section whetherIn order to determine if an 31577
offender does not have the means to pay for the offender's 31578
attendance at an alcohol and drug addiction treatment program for 31579
purposes of division (H)(3) of this section or whetherif an 31580
alleged offender or delinquent child is unable to pay the costs 31581
specified in division (H)(4) of this section, the court shall use 31582
the indigent client eligibility guidelines and the standards of 31583
indigency established by the state public defender to make the 31584
determination.31585

       (6) The court shall identify and refer any community 31586
addiction services provider that is not certified under section 31587
5119.36 of the Revised Code and that is interested in receiving 31588
amounts from the surplus in the fund declared under division 31589
(H)(4) of this section to the department of mental health and 31590
addiction services in order for the services provider to become a 31591
certified community addiction services provider. The department 31592
shall keep a record of applicant referrals received pursuant to 31593
this division and shall submit a report on the referrals each year 31594
to the general assembly. If a services provider interested in 31595
becoming certified makes an application to become certified 31596
pursuant to section 5119.36 of the Revised Code, the services 31597
provider is eligible to receive surplus funds as long as the 31598
application is pending with the department. The department of 31599
mental health and addiction services must offer technical 31600
assistance to the applicant. If the interested services provider 31601
withdraws the certification application, the department must 31602
notify the court, and the court shall not provide the interested 31603
services provider with any further surplus funds.31604

       (7)(a) Each alcohol and drug addiction services board and 31605
board of alcohol, drug addiction, and mental health services 31606
established pursuant to section 340.02 or 340.021 of the Revised 31607
Code shall submit to the department of mental health and addiction 31608
services an annual report for each indigent drivers alcohol 31609
treatment fund in that board's area. 31610

       (b) The report, which shall be submitted not later than sixty 31611
days after the end of the state fiscal year, shall provide the 31612
total payment that was made from the fund, including the number of 31613
indigent consumers that received treatment services and the number 31614
of indigent consumers that received an alcohol monitoring device. 31615
The report shall identify the treatment program and expenditure 31616
for an alcohol monitoring device for which that payment was made. 31617
The report shall include the fiscal year balance of each indigent 31618
drivers alcohol treatment fund located in that board's area. In 31619
the event that a surplus is declared in the fund pursuant to 31620
division (H)(4) of this section, the report also shall provide the 31621
total payment that was made from the surplus moneys and identify 31622
the treatment program and expenditure for an alcohol monitoring 31623
deviceauthorized purpose for which that payment was made. 31624

       (c) If a board is unable to obtain adequate information to 31625
develop the report to submit to the department for a particular 31626
indigent drivers alcohol treatment fund, the board shall submit a 31627
report detailing the effort made in obtaining the information.31628

       (I)(1) Each county shall establish an indigent drivers 31629
interlock and alcohol monitoring fund and a juvenile indigent 31630
drivers interlock and alcohol treatment fund, and each. Each31631
municipal corporation in which there is a municipal court shall 31632
establish an indigent drivers interlock and alcohol monitoring 31633
fund. All revenue that the general assembly appropriates to the 31634
indigent drivers interlock and alcohol monitoring fund for 31635
transfer to a county indigent drivers interlock and alcohol 31636
monitoring fund, a county juvenile indigent drivers interlock and 31637
alcohol monitoring fund, or a municipal indigent drivers interlock 31638
and alcohol monitoring fund, all portions of license reinstatement 31639
fees that are paid under division (F)(2) of this section and that 31640
are credited under that division to the indigent drivers interlock 31641
and alcohol monitoring fund in the state treasury, and all 31642
portions of fines that are paid under division (G) of section 31643
4511.19 of the Revised Code and that are credited by division 31644
(G)(5)(e) of that section to the indigent drivers interlock and 31645
alcohol monitoring fund in the state treasury shall be deposited 31646
in the appropriate fund in accordance with division (I)(2) of this 31647
section.31648

       The treasurer of state shall transfer the following into each 31649
county indigent drivers interlock and alcohol monitoring fund, 31650
county juvenile indigent drivers interlock and alcohol monitoring 31651
fund, or municipal indigent drivers interlock and alcohol 31652
monitoring fund, as applicable:31653

       (a) All revenue the general assembly appropriates to the 31654
indigent drivers interlock and alcohol monitoring fund for 31655
transfer into such a fund;31656

       (b) All portions of license reinstatement fees paid under 31657
division (F)(2) of this section that, in accordance with division 31658
(I)(2) of this section, are credited to the indigent drivers 31659
interlock and alcohol monitoring fund for deposit into a such 31660
fund;31661

       (c) All portions of fines that are paid under division (G) of 31662
section 4511.19 of the Revised Code and are credited by division 31663
(G)(5)(e) of that section to the indigent drivers interlock and 31664
alcohol monitoring fund for deposit into such a fund in accordance 31665
with division (I)(2) of this section.31666

       (2) That portion of the license reinstatement fee that is 31667
paid under division (F) of this section and that portion of the 31668
fine paid under division (G) of section 4511.19 of the Revised 31669
Code and that is credited under either division to the indigent 31670
drivers interlock and alcohol monitoring fund shall be deposited 31671
into a county indigent drivers interlock and alcohol monitoring 31672
fund, a county juvenile indigent drivers interlock and alcohol 31673
monitoring fund, or a municipal indigent drivers interlock and 31674
alcohol monitoring fund as follows:31675

       (a) If the fee or fine is paid by a person who was charged in 31676
a county court with the violation that resulted in the suspension 31677
or fine, the portion shall be deposited into the county indigent 31678
drivers interlock and alcohol monitoring fund under the control of 31679
that court.31680

       (b) If the fee or fine is paid by a person who was charged in 31681
a juvenile court with the violation that resulted in the 31682
suspension or fine, the portion shall be deposited into the county 31683
juvenile indigent drivers interlock and alcohol monitoring fund 31684
established in the county served by the court.31685

       (c) If the fee or fine is paid by a person who was charged in 31686
a municipal court with the violation that resulted in the 31687
suspension, the portion shall be deposited into the municipal 31688
indigent drivers interlock and alcohol monitoring fund under the 31689
control of that court.31690

       (3) If a county, juvenile, or municipal court determines that 31691
the funds in the county indigent drivers interlock and alcohol 31692
monitoring fund, the county juvenile indigent drivers interlock 31693
and alcohol monitoring fund, or the municipal indigent drivers 31694
interlock and alcohol monitoring fund under the control of that 31695
court are more than sufficient to satisfy the purpose for which 31696
the fund was established as specified in division (F)(2)(h) of 31697
this section, the court may declare a surplus in the fund. The 31698
court then may order the transfer of a specified amount into the 31699
county indigent drivers alcohol treatment fund, the county 31700
juvenile indigent drivers alcohol treatment fund, or the municipal 31701
indigent drivers alcohol treatment fund under the control of that 31702
court to be utilized in accordance with division (H) of this 31703
section. 31704

       Sec. 4729.03.  The state board of pharmacy shall organize by 31705
electing a president and a vice-president who are members of the 31706
board. The president shall preside over the meetings of the board, 31707
but shall not vote upon matters determined by the board, except in 31708
the event of a tie vote, in which case the president shall vote. 31709
The board shall also employ an executive director who is a 31710
licensed pharmacist in good standing in the practice of pharmacy 31711
in this state. The person employed shall not be a member of the 31712
board. Each of the officers elected shall serve for a term of one 31713
year. The members of the board shall receive an amount fixed 31714
pursuant to division (J) of section 124.15 of the Revised Code for 31715
each day employed in the discharge of their official duties and 31716
their necessary expenses while engaged therein.31717

       Sec. 4729.12.  An identification card issued by the state 31718
board of pharmacy under section 4729.08 of the Revised Code 31719
entitles the individual to whom it is issued to practice as a 31720
pharmacist or as a pharmacy intern in this state until the next 31721
annual renewal date.31722

       Identification cards shall be renewed annually on the 31723
fifteenth day of September, according to the standard renewal 31724
procedure of Chapter 4745. of the Revised Code.31725

       Each pharmacist and pharmacy intern shall carry the 31726
identification card or renewal identification card while engaged 31727
in the practice of pharmacy. The license shall be conspicuously 31728
exposed at the principal place where the pharmacist or pharmacy 31729
intern practices pharmacy.31730

       A pharmacist or pharmacy intern who desires to continue in 31731
the practice of pharmacy shall file with the board an application 31732
in such form and containing such data as the board may require for 31733
renewal of an identification card. An application filed under this 31734
section may not be withdrawn without the approval of the board. If 31735
the board finds that the applicant's card has not been revoked or 31736
placed under suspension and that the applicant has paid the 31737
renewal fee, has continued pharmacy education in accordance with 31738
the rules of the board, and is entitled to continue in the 31739
practice of pharmacy, the board shall issue a renewal 31740
identification card to the applicant.31741

       When an identification card has lapsed for more than sixty 31742
days but application is made within three years after the 31743
expiration of the card, the applicant shall be issued a renewal 31744
identification card without further examination if the applicant 31745
meets the requirements of this section and pays the fee designated 31746
under division (E)(A)(5) of section 4729.15 of the Revised Code.31747

       Sec. 4729.13.  A pharmacist who fails to make application to 31748
the state board of pharmacy for a renewal identification card 31749
within a period of three years from the expiration of the 31750
identification card must pass an examination for registration; 31751
except that a pharmacist whose registration has expired, but who 31752
has continually practiced pharmacy in another state under a 31753
license issued by the authority of that state, may obtain a 31754
renewal identification card upon payment to the executive director 31755
of the board the fee designated under division (F)(A)(6) of 31756
section 4729.15 of the Revised Code. 31757

       Sec. 4729.15. The(A) Except as provided in division (B) of 31758
this section, the state board of pharmacy shall charge the 31759
following fees:31760

       (A)(1) For applying for a license to practice as a 31761
pharmacist, an amount adequate to cover all rentals, compensation 31762
for proctors, and other expenses of the board related to 31763
examination except the expenses of procuring and grading the 31764
examination, which fee shall not be returned if the applicant 31765
fails to pass the examination;31766

       (B)(2) For the examination of an applicant for licensure as a 31767
pharmacist, an amount adequate to cover any expenses to the board 31768
of procuring and grading the examination or any part thereof, 31769
which fee shall not be returned if the applicant fails to pass the 31770
examination;31771

       (C)(3) For issuing a license and an identification card to an 31772
individual who passes the examination described in section 4729.07 31773
of the Revised Code, an amount that is adequate to cover the 31774
expense;31775

       (D)(4) For a pharmacist applying for renewal of an 31776
identification card within sixty days after the expiration date, 31777
ninety-seven dollars and fifty cents, which fee shall not be 31778
returned if the applicant fails to qualify for renewal;31779

       (E)(5) For a pharmacist applying for renewal of an 31780
identification card that has lapsed for more than sixty days, but 31781
for less than three years, one hundred thirty-five dollars, which 31782
fee shall not be returned if the applicant fails to qualify for 31783
renewal;31784

       (F)(6) For a pharmacist applying for renewal of an 31785
identification card that has lapsed for more than three years, 31786
three hundred thirty-seven dollars and fifty cents, which fee 31787
shall not be returned if the applicant fails to qualify for 31788
renewal;31789

       (G)(7) For a pharmacist applying for a license and 31790
identification card, on presentation of a pharmacist license 31791
granted by another state, three hundred thirty-seven dollars and 31792
fifty cents, which fee shall not be returned if the applicant 31793
fails to qualify for licensure.31794

       (H)(8) For a license and identification card to practice as a 31795
pharmacy intern, twenty-two dollars and fifty cents, which fee 31796
shall not be returned if the applicant fails to qualify for 31797
licensure;31798

       (I)(9) For the renewal of a pharmacy intern identification 31799
card, twenty-two dollars and fifty cents, which fee shall not be 31800
returned if the applicant fails to qualify for renewal;31801

       (J)(10) For issuing a replacement license to a pharmacist, 31802
twenty-two dollars and fifty cents;31803

       (K)(11) For issuing a replacement license to a pharmacy 31804
intern, seven dollars and fifty cents;31805

       (L)(12) For issuing a replacement identification card to a 31806
pharmacist, thirty-seven dollars and fifty cents, or pharmacy 31807
intern, seven dollars and fifty cents;31808

       (M)(13) For certifying licensure and grades for reciprocal 31809
licensure, ten dollars;31810

       (N)(14) For making copies of any application, affidavit, or 31811
other document filed in the state board of pharmacy office, an 31812
amount fixed by the board that is adequate to cover the expense, 31813
except that for copies required by federal or state agencies or 31814
law enforcement officers for official purposes, no charge need be 31815
made;31816

       (O)(15) For certifying and affixing the seal of the board, an 31817
amount fixed by the board that is adequate to cover the expense, 31818
except that for certifying and affixing the seal of the board to a 31819
document required by federal or state agencies or law enforcement 31820
officers for official purposes, no charge need be made;31821

       (P)(16) For each copy of a book or pamphlet that includes 31822
laws administered by the state board of pharmacy, rules adopted by 31823
the board, and chapters of the Revised Code with which the board 31824
is required to comply, an amount fixed by the board that is 31825
adequate to cover the expense of publishing and furnishing the 31826
book or pamphlet.31827

       (B)(1) Subject to division (B)(2) of this section, the fees 31828
described in divisions (A)(1) to (13) of this section do not apply 31829
to an individual who is on active duty in the armed forces of the 31830
United States or to an individual who served in the armed forces 31831
of the United States and presents a valid copy of the individual's 31832
DD-214 form or an equivalent document issued by the United States 31833
department of defense indicating that the individual is an 31834
honorably discharged veteran.31835

        (2) The state board of pharmacy may establish limits with 31836
respect to the individuals for whom fees are not applicable under 31837
division (B)(1) of this section. 31838

       Sec. 4729.54.  (A) As used in this section and section 31839
4729.541 of the Revised Code:31840

       (1) "Category I" means single-dose injections of intravenous 31841
fluids, including saline, Ringer's lactate, five per cent dextrose 31842
and distilled water, and other intravenous fluids or parenteral 31843
solutions included in this category by rule of the state board of 31844
pharmacy, that have a volume of one hundred milliliters or more 31845
and that contain no added substances, or single-dose injections of 31846
epinephrine to be administered pursuant to sections 4765.38 and 31847
4765.39 of the Revised Code.31848

       (2) "Category II" means any dangerous drug that is not 31849
included in category I or III.31850

       (3) "Category III" means any controlled substance that is 31851
contained in schedule I, II, III, IV, or V.31852

       (4) "Emergency medical service organization" has the same 31853
meaning as in section 4765.01 of the Revised Code.31854

       (5) "Person" includes an emergency medical service 31855
organization.31856

       (6) "Schedule I, schedule II, schedule III, schedule IV, and 31857
schedule V" mean controlled substance schedules I, II, III, IV, 31858
and V, respectively, as established pursuant to section 3719.41 of 31859
the Revised Code and as amended.31860

       (B)(1) A person who desires to be licensed as a terminal 31861
distributor of dangerous drugs shall file with the executive 31862
director of the state board of pharmacy a verified application. 31863
After it is filed, the application may not be withdrawn without 31864
approval of the board.31865

       (2) An application shall contain all the following that apply 31866
in the applicant's case:31867

       (a) Information that the board requires relative to the 31868
qualifications of a terminal distributor of dangerous drugs set 31869
forth in section 4729.55 of the Revised Code;31870

       (b) A statement that the person wishes to be licensed as a 31871
category I, category II, category III, limited category I, limited 31872
category II, or limited category III terminal distributor of 31873
dangerous drugs;31874

       (c) If the person wishes to be licensed as a limited category 31875
I, limited category II, or limited category III terminal 31876
distributor of dangerous drugs, a notarized list of the dangerous 31877
drugs that the person wishes to possess, have custody or control 31878
of, and distribute, which list shall also specify the purpose for 31879
which those drugs will be used and their source;31880

       (d) If the person is an emergency medical service 31881
organization, the information that is specified in division (C)(1) 31882
of this section;31883

       (e) Except for an emergency medical service organization, the 31884
identity of the one establishment or place at which the person 31885
intends to engage in the sale or other distribution of dangerous 31886
drugs at retail, and maintain possession, custody, or control of 31887
dangerous drugs for purposes other than the person's own use or 31888
consumption;31889

       (f) If the application pertains to a pain management clinic, 31890
information that demonstrates, to the satisfaction of the board, 31891
compliance with division (A) of section 4729.552 of the Revised 31892
Code.31893

       (C)(1) An emergency medical service organization that wishes 31894
to be licensed as a terminal distributor of dangerous drugs shall 31895
list in its application for licensure the following additional 31896
information:31897

       (a) The units under its control that the organization 31898
determines will possess dangerous drugs for the purpose of 31899
administering emergency medical services in accordance with 31900
Chapter 4765. of the Revised Code;31901

       (b) With respect to each such unit, whether the dangerous 31902
drugs that the organization determines the unit will possess are 31903
in category I, II, or III.31904

       (2) An emergency medical service organization that is 31905
licensed as a terminal distributor of dangerous drugs shall file a 31906
new application for such licensure if there is any change in the 31907
number, or location of, any of its units or any change in the 31908
category of the dangerous drugs that any unit will possess.31909

       (3) A unit listed in an application for licensure pursuant to 31910
division (C)(1) of this section may obtain the dangerous drugs it 31911
is authorized to possess from its emergency medical service 31912
organization or, on a replacement basis, from a hospital pharmacy. 31913
If units will obtain dangerous drugs from a hospital pharmacy, the 31914
organization shall file, and maintain in current form, the 31915
following items with the pharmacist who is responsible for the 31916
hospital's terminal distributor of dangerous drugs license:31917

       (a) A copy of its standing orders or protocol;31918

       (b) A list of the personnel employed or used by the 31919
organization to provide emergency medical services in accordance 31920
with Chapter 4765. of the Revised Code, who are authorized to 31921
possess the drugs, which list also shall indicate the personnel 31922
who are authorized to administer the drugs.31923

       (D) Each emergency medical service organization that applies 31924
for a terminal distributor of dangerous drugs license shall submit 31925
with its application the following:31926

       (1) A notarized copy of its standing orders or protocol, 31927
which orders or protocol shall be signed by a physician and 31928
specify the dangerous drugs that its units may carry, expressed in 31929
standard dose units;31930

       (2) A list of the personnel employed or used by the 31931
organization to provide emergency medical services in accordance 31932
with Chapter 4765. of the Revised Code.31933

       An emergency medical service organization that is licensed as 31934
a terminal distributor shall notify the board immediately of any 31935
changes in its standing orders or protocol.31936

       (E) There shall be six categories of terminal distributor of 31937
dangerous drugs licenses, which categories shall be as follows:31938

       (1) Category I license. A person who obtains this license may 31939
possess, have custody or control of, and distribute only the 31940
dangerous drugs described in category I.31941

       (2) Limited category I license. A person who obtains this 31942
license may possess, have custody or control of, and distribute 31943
only the dangerous drugs described in category I that were listed 31944
in the application for licensure.31945

       (3) Category II license. A person who obtains this license 31946
may possess, have custody or control of, and distribute only the 31947
dangerous drugs described in category I and category II.31948

       (4) Limited category II license. A person who obtains this 31949
license may possess, have custody or control of, and distribute 31950
only the dangerous drugs described in category I or category II 31951
that were listed in the application for licensure.31952

       (5) Category III license, which may include a pain management 31953
clinic classification issued under section 4729.552 of the Revised 31954
Code. A person who obtains this license may possess, have custody 31955
or control of, and distribute the dangerous drugs described in 31956
category I, category II, and category III. If the license includes 31957
a pain management clinic classification, the person may operate a 31958
pain management clinic.31959

       (6) Limited category III license. A person who obtains this 31960
license may possess, have custody or control of, and distribute 31961
only the dangerous drugs described in category I, category II, or 31962
category III that were listed in the application for licensure.31963

       (F) Except for an application made on behalf of an animal 31964
shelter, if an applicant for licensure as a limited category I, 31965
II, or III terminal distributor of dangerous drugs intends to 31966
administer dangerous drugs to a person or animal, the applicant 31967
shall submit, with the application, a notarized copy of its 31968
protocol or standing orders, which protocol or orders shall be 31969
signed by a licensed health professional authorized to prescribe 31970
drugs, specify the dangerous drugs to be administered, and list 31971
personnel who are authorized to administer the dangerous drugs in 31972
accordance with federal law or the law of this state. An 31973
application made on behalf of an animal shelter shall include a 31974
notarized list of the dangerous drugs to be administered to 31975
animals and the personnel who are authorized to administer the 31976
drugs to animals in accordance with section 4729.532 of the 31977
Revised Code. After obtaining a terminal distributor license, a 31978
licensee shall notify the board immediately of any changes in its 31979
protocol or standing orders, or in such personnel.31980

       (G)(1) Except as provided in division (G)(2) of this section, 31981
each applicant for licensure as a terminal distributor of 31982
dangerous drugs shall submit, with the application, a license fee 31983
determined as follows:31984

       (a) For a category I or limited category I license, 31985
forty-five dollars;31986

       (b) For a category II or limited category II license, one 31987
hundred twelve dollars and fifty cents;31988

       (c) For a category III license, including a license with a 31989
pain management clinic classification issued under section 31990
4729.552 of the Revised Code, or a limited category III license, 31991
one hundred fifty dollars.31992

       (2) For a professional association, corporation, partnership, 31993
or limited liability company organized for the purpose of 31994
practicing veterinary medicine, the fee shall be forty dollars.31995

       (3) Fees assessed under divisions (G)(1) and (2) of this 31996
section shall not be returned if the applicant fails to qualify 31997
for registration.31998

       (H)(1) The board shall issue a terminal distributor of 31999
dangerous drugs license to each person who submits an application 32000
for such licensure in accordance with this section, pays the 32001
required license fee, is determined by the board to meet the 32002
requirements set forth in section 4729.55 of the Revised Code, and 32003
satisfies any other applicable requirements of this section.32004

       (2) The license of a person other than an emergency medical 32005
service organization shall describe the one establishment or place 32006
at which the licensee may engage in the sale or other distribution 32007
of dangerous drugs at retail and maintain possession, custody, or 32008
control of dangerous drugs for purposes other than the licensee's 32009
own use or consumption. The one establishment or place shall be 32010
that which is described in the application for licensure.32011

       No such license shall authorize or permit the terminal 32012
distributor of dangerous drugs named in it to engage in the sale 32013
or other distribution of dangerous drugs at retail or to maintain 32014
possession, custody, or control of dangerous drugs for any purpose 32015
other than the distributor's own use or consumption, at any 32016
establishment or place other than that described in the license, 32017
except that an agent or employee of an animal shelter may possess 32018
and use dangerous drugs in the course of business as provided in 32019
division (D) of section 4729.532 of the Revised Code.32020

       (3) The license of an emergency medical service organization 32021
shall cover and describe all the units of the organization listed 32022
in its application for licensure.32023

       (4) The license of every terminal distributor of dangerous 32024
drugs shall indicate, on its face, the category of licensure. If 32025
the license is a limited category I, II, or III license, it shall 32026
specify, and shall authorize the licensee to possess, have custody 32027
or control of, and distribute only, the dangerous drugs that were 32028
listed in the application for licensure.32029

       (I) All licenses issued pursuant to this section shall be 32030
effective for a period of twelve months from the first day of 32031
JanuaryApril of each year. A license shall be renewed by the 32032
board for a like period, annually, according to the provisions of 32033
this section, and the standard renewal procedure of Chapter 4745. 32034
of the Revised Code. A person who desires to renew a license shall 32035
submit an application for renewal and pay the required fee on or 32036
before the thirty-first day of DecemberMarch each year. The fee 32037
required for the renewal of a license shall be the same as the fee 32038
paid for the license being renewed, and shall accompany the 32039
application for renewal.32040

       A license that has not been renewed during DecemberMarch in 32041
any year and by the first day of FebruaryMay of the following32042
same year may be reinstated only upon payment of the required 32043
renewal fee and a penalty fee of fifty-five dollars.32044

       (J)(1) No emergency medical service organization that is 32045
licensed as a terminal distributor of dangerous drugs shall fail 32046
to comply with division (C)(2) or (3) of this section.32047

       (2) No emergency medical service organization that is 32048
licensed as a terminal distributor of dangerous drugs shall fail 32049
to comply with division (D) of this section.32050

       (3) No licensed terminal distributor of dangerous drugs shall 32051
possess, have custody or control of, or distribute dangerous drugs 32052
that the terminal distributor is not entitled to possess, have 32053
custody or control of, or distribute by virtue of its category of 32054
licensure.32055

       (4) No licensee that is required by division (F) of this 32056
section to notify the board of changes in its protocol or standing 32057
orders, or in personnel, shall fail to comply with that division.32058

       Sec. 4729.80. (A) If the state board of pharmacy establishes 32059
and maintains a drug database pursuant to section 4729.75 of the 32060
Revised Code, the board is authorized or required to provide 32061
information from the database in accordance with the following:32062

       (1) On receipt of a request from a designated representative 32063
of a government entity responsible for the licensure, regulation, 32064
or discipline of health care professionals with authority to 32065
prescribe, administer, or dispense drugs, the board may provide to 32066
the representative information from the database relating to the 32067
professional who is the subject of an active investigation being 32068
conducted by the government entity.32069

       (2) On receipt of a request from a federal officer, or a 32070
state or local officer of this or any other state, whose duties 32071
include enforcing laws relating to drugs, the board shall provide 32072
to the officer information from the database relating to the 32073
person who is the subject of an active investigation of a drug 32074
abuse offense, as defined in section 2925.01 of the Revised Code, 32075
being conducted by the officer's employing government entity.32076

       (3) Pursuant to a subpoena issued by a grand jury, the board 32077
shall provide to the grand jury information from the database 32078
relating to the person who is the subject of an investigation 32079
being conducted by the grand jury.32080

       (4) Pursuant to a subpoena, search warrant, or court order in 32081
connection with the investigation or prosecution of a possible or 32082
alleged criminal offense, the board shall provide information from 32083
the database as necessary to comply with the subpoena, search 32084
warrant, or court order.32085

       (5) On receipt of a request from a prescriber or the 32086
prescriber's delegate approved by the board, the board mayshall32087
provide to the prescriber information from the database relating 32088
to a patient who is either of the following, if the prescriber 32089
certifies in a form specified by the board that it is for the 32090
purpose of providing medical treatment to the patient who is the 32091
subject of the request:32092

       (a) A current patient of the prescriber;32093

       (b) A potential patient of the prescriber based on a referral 32094
of the patient to the prescriber.32095

       (6) On receipt of a request from a pharmacist or the 32096
pharmacist's delegate approved by the board, the board mayshall32097
provide to the pharmacist information from the database relating 32098
to a current patient of the pharmacist, if the pharmacist 32099
certifies in a form specified by the board that it is for the 32100
purpose of the pharmacist's practice of pharmacy involving the 32101
patient who is the subject of the request.32102

       (7) On receipt of a request from an individual seeking the 32103
individual's own database information in accordance with the 32104
procedure established in rules adopted under section 4729.84 of 32105
the Revised Code, the board may provide to the individual the 32106
individual's own database information.32107

       (8) On receipt of a request from the medical director of a 32108
managed care organization that has entered into a data security 32109
agreement with the board required by section 5167.14 of the 32110
Revised Code, the board shall provide to the medical director 32111
information from the database relating to a medicaid recipient 32112
enrolled in the managed care organization, including information 32113
in the database related to prescriptions for the recipient that 32114
were not covered or reimbursed under a program administered by the 32115
department of medicaid.32116

       (9) On receipt of a request from the medicaid director, the 32117
board shall provide to the director information from the database 32118
relating to a recipient of a program administered by the 32119
department of medicaid, including information in the database 32120
related to prescriptions for the recipient that were not covered 32121
or paid by a program administered by the department. 32122

       (10) On receipt of a request from the medical director of a 32123
managed care organization that has entered into a data security 32124
agreement with the board required by section 4121.447 of the 32125
Revised Code, the board shall provide to the medical director 32126
information from the database relating to a claimant under Chapter 32127
4121., 4123., 4127., or 4131. of the Revised Code assigned to the 32128
managed care organization, including information in the database 32129
related to prescriptions for the claimant that were not covered or 32130
reimbursed under Chapter 4121., 4123., 4127., or 4131. of the 32131
Revised Code.32132

       (11) On receipt of a request from the administrator of 32133
workers' compensation, the board mayshall provide to the 32134
administrator information from the database relating to a claimant 32135
under Chapter 4121., 4123., 4127., or 4131. of the Revised Code, 32136
including information in the database related to prescriptions for 32137
the claimant that were not covered or reimbursed under Chapter 32138
4121., 4123., 4127., or 4131. of the Revised Code.32139

       (11)(12) On receipt of a request from a requestor described 32140
in division (A)(1), (2), (5), or (6) of this section who is from 32141
or participating with another state's prescription monitoring 32142
program, the board may provide to the requestor information from 32143
the database, but only if there is a written agreement under which 32144
the information is to be used and disseminated according to the 32145
laws of this state.32146

       (B) The state board of pharmacy shall maintain a record of 32147
each individual or entity that requests information from the 32148
database pursuant to this section. In accordance with rules 32149
adopted under section 4729.84 of the Revised Code, the board may 32150
use the records to document and report statistics and law 32151
enforcement outcomes.32152

        The board may provide records of an individual's requests for 32153
database information to the following:32154

        (1) A designated representative of a government entity that 32155
is responsible for the licensure, regulation, or discipline of 32156
health care professionals with authority to prescribe, administer, 32157
or dispense drugs who is involved in an active investigation being 32158
conducted by the government entity of the individual who submitted 32159
the requests for database information;32160

        (2) A federal officer, or a state or local officer of this or 32161
any other state, whose duties include enforcing laws relating to 32162
drugs and who is involved in an active investigation being 32163
conducted by the officer's employing government entity of the 32164
individual who submitted the requests for database information.32165

       (C) Information contained in the database and any information 32166
obtained from it is not a public record. Information contained in 32167
the records of requests for information from the database is not a 32168
public record. Information that does not identify a person may be 32169
released in summary, statistical, or aggregate form.32170

       (D) A pharmacist or prescriber shall not be held liable in 32171
damages to any person in any civil action for injury, death, or 32172
loss to person or property on the basis that the pharmacist or 32173
prescriber did or did not seek or obtain information from the 32174
database.32175

       Sec. 4729.83. (A) If the state board of pharmacy establishes 32176
and maintains a drug database pursuant to section 4729.75 of the 32177
Revised Code, the board shall not impose any charge on a terminal 32178
distributor of dangerous drugs, pharmacist, or prescriber for the 32179
establishment or maintenance of the database. The board shall not 32180
charge any fees for the transmission of data to the database or 32181
for the receipt of information from the database, except that the 32182
board may charge a fee in accordance with rules adopted under 32183
section 4729.84 of the Revised Code to an individual who requests 32184
the individual's own database information under section 4729.80 of 32185
the Revised Code.32186

       (B) The board may accept grants, gifts, or donations for 32187
purposes of the drug database. Any money received shall be 32188
deposited into the state treasury to the credit of the drug 32189
database fund, which is hereby created. Money in the fund shall be 32190
used solely for purposes of the drug database.32191

       Sec. 4729.86. If the state board of pharmacy establishes and 32192
maintains a drug database pursuant to section 4729.75 of the 32193
Revised Code, all of the following apply:32194

       (A)(1) No person identified in divisions (A)(1) to (10)(11)32195
or (B) of section 4729.80 of the Revised Code shall disseminate 32196
any written or electronic information the person receives from the 32197
drug database or otherwise provide another person access to the 32198
information that the person receives from the database, except as 32199
follows:32200

       (a) When necessary in the investigation or prosecution of a 32201
possible or alleged criminal offense;32202

       (b) When a person provides the information to the prescriber 32203
or pharmacist for whom the person is approved by the board to 32204
serve as a delegate of the prescriber or pharmacist for purposes 32205
of requesting and receiving information from the drug database 32206
under division (A)(5) or (6) of section 4729.80 of the Revised 32207
Code;32208

       (c) When a prescriber or pharmacist provides the information 32209
to a person who is approved by the board to serve as such a 32210
delegate of the prescriber or pharmacist.32211

       (2) No person shall provide false information to the state 32212
board of pharmacy with the intent to obtain or alter information 32213
contained in the drug database.32214

       (3) No person shall obtain drug database information by any 32215
means except as provided under section 4729.80 or 4729.81 of the 32216
Revised Code.32217

       (B) A person shall not use information obtained pursuant to 32218
division (A) of section 4729.80 of the Revised Code as evidence in 32219
any civil or administrative proceeding.32220

       (C)(1) The board may restrict a person from obtaining further 32221
information from the drug database if any of the following is the 32222
case:32223

        (a) The person violates division (A)(1), (2), or (3) of this 32224
section;32225

       (b) The person is a requestor identified in division 32226
(A)(11)(12) of section 4729.80 of the Revised Code and the board 32227
determines that the person's actions in another state would have 32228
constituted a violation of division (A)(1), (2), or (3) of this 32229
section;32230

        (c) The person fails to comply with division (B) of this 32231
section, regardless of the jurisdiction in which the failure to 32232
comply occurred.32233

        (2) The board shall determine the extent to which the person 32234
is restricted from obtaining further information from the 32235
database.32236

       Sec. 4731.36.  (A) Sections 4731.01 to 4731.47 of the Revised 32237
Code shall not prohibit service in case of emergency, domestic 32238
administration of family remedies, or provision of assistance to 32239
another individual who is self-administering drugs.32240

       Sections 4731.01 to 4731.47 of the Revised Code shall not 32241
apply to any of the following:32242

       (1) A commissioned medical officer of the armed forces of the32243
United States armed forces, as defined in section 5903.11 of the 32244
Revised Code, or an employee of the veterans administration of the 32245
United States or the United States public health service in the 32246
discharge of the officer's or employee's professional duties;32247

       (2) A dentist authorized under Chapter 4715. of the Revised 32248
Code to practice dentistry when engaged exclusively in the 32249
practice of dentistry or when administering anesthetics in the 32250
practice of dentistry;32251

       (3) A physician or surgeon in another state or territory who 32252
is a legal practitioner of medicine or surgery therein when 32253
providing consultation to an individual holding a certificate to 32254
practice issued under this chapter who is responsible for the 32255
examination, diagnosis, and treatment of the patient who is the 32256
subject of the consultation, if one of the following applies:32257

       (a) The physician or surgeon does not provide consultation in 32258
this state on a regular or frequent basis.32259

       (b) The physician or surgeon provides the consultation 32260
without compensation of any kind, direct or indirect, for the 32261
consultation.32262

       (c) The consultation is part of the curriculum of a medical 32263
school or osteopathic medical school of this state or a program 32264
described in division (A)(2) of section 4731.291 of the Revised 32265
Code.32266

       (4) A physician or surgeon in another state or territory who 32267
is a legal practitioner of medicine or surgery therein and 32268
provided services to a patient in that state or territory, when 32269
providing, not later than one year after the last date services 32270
were provided in another state or territory, follow-up services in 32271
person or through the use of any communication, including oral, 32272
written, or electronic communication, in this state to the patient 32273
for the same condition;32274

       (5) A physician or surgeon residing on the border of a 32275
contiguous state and authorized under the laws thereof to practice 32276
medicine and surgery therein, whose practice extends within the 32277
limits of this state. Such practitioner shall not either in person 32278
or through the use of any communication, including oral, written, 32279
or electronic communication, open an office or appoint a place to 32280
see patients or receive calls within the limits of this state.32281

       (6) A board, committee, or corporation engaged in the conduct 32282
described in division (A) of section 2305.251 of the Revised Code 32283
when acting within the scope of the functions of the board, 32284
committee, or corporation;32285

       (7) The conduct of an independent review organization 32286
accredited by the superintendent of insurance under section 32287
3922.13 of the Revised Code for the purpose of external reviews 32288
conducted under Chapter 3922. of the Revised Code.32289

       As used in division (A)(1) of this section, "armed forces of 32290
the United States" means the army, air force, navy, marine corps, 32291
coast guard, and any other military service branch that is 32292
designated by congress as a part of the armed forces of the United 32293
States.32294

       (B)(1) Subject to division (B)(2) of this section, this 32295
chapter does not apply to a person who holds a current, 32296
unrestricted license to practice medicine and surgery or 32297
osteopathic medicine and surgery in another state when the person, 32298
pursuant to a written agreement with an athletic team located in 32299
the state in which the person holds the license, provides medical 32300
services to any of the following while the team is traveling to or 32301
from or participating in a sporting event in this state:32302

       (a) A member of the athletic team;32303

       (b) A member of the athletic team's coaching, communications, 32304
equipment, or sports medicine staff;32305

       (c) A member of a band or cheerleading squad accompanying the 32306
athletic team;32307

       (d) The athletic team's mascot.32308

       (2) In providing medical services pursuant to division (B)(1) 32309
of this section, the person shall not provide medical services at 32310
a health care facility, including a hospital, an ambulatory 32311
surgical facility, or any other facility in which medical care, 32312
diagnosis, or treatment is provided on an inpatient or outpatient 32313
basis.32314

       (C) Sections 4731.51 to 4731.61 of the Revised Code do not 32315
apply to any graduate of a podiatric school or college while 32316
performing those acts that may be prescribed by or incidental to 32317
participation in an accredited podiatric internship, residency, or 32318
fellowship program situated in this state approved by the state 32319
medical board.32320

       (D) This chapter does not apply to an oriental medicine 32321
practitioner or acupuncturist who complies with Chapter 4762. of 32322
the Revised Code.32323

       (E) This chapter does not prohibit the administration of 32324
drugs by any of the following:32325

       (1) An individual who is licensed or otherwise specifically 32326
authorized by the Revised Code to administer drugs;32327

       (2) An individual who is not licensed or otherwise 32328
specifically authorized by the Revised Code to administer drugs, 32329
but is acting pursuant to the rules for delegation of medical 32330
tasks adopted under section 4731.053 of the Revised Code;32331

       (3) An individual specifically authorized to administer drugs 32332
pursuant to a rule adopted under the Revised Code that is in 32333
effect on April 10, 2001, as long as the rule remains in effect, 32334
specifically authorizing an individual to administer drugs.32335

       (F) The exemptions described in divisions (A)(3), (4), and 32336
(5) of this section do not apply to a physician or surgeon whose 32337
certificate to practice issued under this chapter is under 32338
suspension or has been revoked or permanently revoked by action of 32339
the state medical board.32340

       Sec. 4737.045.  (A) To register as a scrap metal dealer or a 32341
bulk merchandise container dealer with the director of public 32342
safety as required by division (B) of section 4737.04 of the 32343
Revised Code, a person shall do all of the following:32344

       (1) Provide the name and street address of the dealer's place 32345
of business;32346

       (2) Provide the name of the primary owner of the business, 32347
and of the manager of the business, if the manager is not the 32348
primary owner;32349

       (3) Provide the electronic mail address of the business;32350

       (4) Provide confirmation that the dealer has the capabilities 32351
to electronically connect with the department of public safety for 32352
the purpose of sending and receiving information;32353

       (5) Provide any other information required by the director in 32354
rules the director adopts pursuant to sections 4737.01 to 4737.045 32355
of the Revised Code;32356

        (6) Pay an initial registration fee of two hundred dollars.32357

       (B) A person engaging in the business of a scrap metal dealer 32358
or a bulk merchandise container dealer in this state on or before 32359
the effective date of this sectionSeptember 28, 2012, shall 32360
register with the director not later than January 1, 2013. With 32361
respect to a person who commences engaging in the business of a 32362
scrap metal dealer or a bulk merchandise container dealer after 32363
the effective date of this sectionSeptember 28, 2012, the person 32364
shall register with the director pursuant to this section prior to 32365
commencing business as a scrap metal dealer or a bulk merchandise 32366
container dealer.32367

       (C) A registration issued to a scrap metal dealer or a bulk 32368
merchandise container dealer pursuant to this section is valid for 32369
a period of one year. A dealer shall renew the registration in 32370
accordance with the rules adopted by the director and pay a 32371
renewal fee of one hundred fifty dollars to cover the costs of 32372
operating and maintaining the registry created pursuant to 32373
division (E) of this section.32374

       (D) A scrap metal dealer or a bulk merchandise container 32375
dealer registered under this section shall prominently display a 32376
copy of the annual registration certificate received from the 32377
director pursuant to division (E)(2) of this section.32378

       (E) The director shall do all of the following:32379

       (1) Develop and implement, by January 1, 2014, and maintain 32380
as a registry a secure database for use by law enforcement 32381
agencies that is capable of all of the following:32382

       (a) Receiving and securely storing all of the information 32383
required by division (A) of this section and the daily transaction 32384
data that scrap metal dealers and bulk merchandise dealers are 32385
required to send pursuant to division (E)(1) of section 4737.04 of 32386
the Revised Code;32387

       (b) Providing secure search capabilities to law enforcement 32388
agencies for enforcement purposes;32389

       (c) Creating a link and retransmission capability for receipt 32390
of routine scrap theft alerts published by the institute of scrap 32391
recycling industries for transmission to dealers and law 32392
enforcement agencies in the state;32393

       (d) Making the electronic lists prepared pursuant to division 32394
(F)(2) of section 4737.04 of the Revised Code available through an 32395
electronic searchable format for individual law enforcement 32396
agencies and for dealers in the state;32397

       (e) Providing, without charge, interlink programming enabling 32398
the transfer of information to dealers.32399

       (2) Issue, reissue, or deny registration to dealers;32400

       (3) Adopt rules to enforce sections 4737.01 to 4737.045 of 32401
the Revised Code, rules establishing procedures to renew a 32402
registration issued under this section, rules for the format and 32403
maintenance for the records required under division (A) of section 32404
4737.012 of the Revised Code or division (C) of section 4737.04 of 32405
the Revised Code, and rules regarding the delivery of the report 32406
required by division (E)(1) of section 4737.04 of the Revised Code 32407
to the registry, which shall be used exclusively by law 32408
enforcement agencies.32409

       (F) A scrap metal dealer or bulk merchandise container dealer 32410
may search, modify, or update only the dealer's own business data 32411
contained within the registry established in division (E) of this 32412
section.32413

        (G) All fees received by the director pursuant to this 32414
section and division (F) of section 4737.99 of the Revised Code 32415
shall be used to develop and maintain the registry required under 32416
this section. The fees shall be deposited into the security, 32417
investigations, and policinginfrastructure protection fund which 32418
is hereby created in section 4501.11 of the Revised Code. 32419

       Sec. 4740.06. (A) Any individual who applies for a license 32420
shall file a written application with the appropriate section of 32421
the Ohio construction industry licensing board, accompanied with 32422
the application fee as determined pursuant to section 4740.09 of 32423
the Revised Code. The individual shall file the application not 32424
more than sixty days nor less than thirty days prior to the date 32425
of the examination. The application shall be on the form the 32426
section prescribes and verified by the applicant's oath. The 32427
applicant shall provide information satisfactory to the section 32428
showing that the applicant meets the requirements of division (B) 32429
of this section.32430

       (B) To qualify to take an examination, an individual shall:32431

       (1) Be at least eighteen years of age;32432

       (2) Be a United States citizen or legal alien who produces 32433
valid documentation to demonstrate the individual is a legal 32434
resident of the United States;32435

       (3) Either have been a tradesperson in the type of licensed 32436
trade for which the application is filed for not less than five 32437
years immediately prior to the date the application is filed, be a 32438
currently registered engineer in this state with three years of 32439
business experience in the construction industry in the trade for 32440
which the engineer is applying to take an examination, or have 32441
other experience acceptable to the appropriate section of the 32442
board;32443

       (4) Maintain contractor's liability insurance, including 32444
without limitation, complete operations coverage, in an amount the 32445
appropriate section of the board determines;32446

       (5) Not have done any of the following:32447

       (a) Been convicted of or pleaded guilty to a crime of moral 32448
turpitude or a disqualifying offense as those terms are defined in 32449
section 4776.10 of the Revised Code;32450

       (b) Violated this chapter or any rule adopted pursuant to it;32451

       (c) Obtained or renewed a license issued pursuant to this 32452
chapter, or any order, ruling, or authorization of the board or a 32453
section of the board by fraud, misrepresentation, or deception;32454

       (d) Engaged in fraud, misrepresentation, or deception in the 32455
conduct of business.32456

       (C) When an applicant for licensure as a contractor in a 32457
licensed trade meets the qualifications set forth in division (B) 32458
of this section and passes the required examination, the 32459
appropriate section of the board, within ninety days after the 32460
application was filed, shall authorize the administrative section 32461
of the board to license the applicant for the type of contractor's 32462
license for which the applicant qualifies. A section of the board 32463
may withdraw its authorization to the administrative section for 32464
issuance of a license for good cause shown, on the condition that 32465
notice of that withdrawal is given prior to the administrative 32466
section's issuance of the license.32467

       (D) All licenses a contractor holds pursuant to this chapter 32468
shall expire annually on the same date, which shall be the 32469
expiration date of the original license the contractor holds. An 32470
individual holding a valid, unexpired license may renew the 32471
license, without reexamination, by submitting an application to 32472
the appropriate section of the board not more than ninety calendar 32473
days before the expiration of the license, along with the renewal 32474
fee the section requires and proof of compliance with the 32475
applicable continuing education requirements. The applicant shall 32476
provide information in the renewal application satisfactory to 32477
demonstrate to the appropriate section that the applicant 32478
continues to meet the requirements of division (B) of this 32479
section.32480

        Upon application and within one calendar year after a license 32481
has expired, a section may waive any of the requirements for 32482
renewal of a license upon finding that an applicant substantially 32483
meets the renewal requirements or that failure to timely apply for 32484
renewal is due to excusable neglect. A section that waives 32485
requirements for renewal of a license may impose conditions upon 32486
the licensee and assess a late filing fee of not more than double 32487
the usual renewal fee. An applicant shall satisfy any condition 32488
the section imposes before a license is reissued.32489

       (E) An individual holding a valid license may request the 32490
section of the board that authorized that license to place the 32491
license in inactive status under conditions, and for a period of 32492
time, as that section determines.32493

       (F) Except for the ninety-day extension provided for a 32494
license assigned to a business entity under division (D) of 32495
section 4740.07 of the Revised Code, a license held by an 32496
individual immediately terminates upon the death of the 32497
individual.32498

       (G) Nothing in any license issued by the Ohio construction 32499
industry licensing board shall be construed to limit or eliminate 32500
any requirement of or any license issued by the Ohio fire marshal.32501

       (H)(1) Subject to divisions (H)(2), (3), and (4) of this 32502
section, no trade section of the board shall adopt, maintain, 32503
renew, or enforce any rule, or otherwise preclude in any way, an 32504
individual from receiving or renewing a license under this chapter 32505
due to any past criminal activity or interpretation of moral 32506
character, except as pursuant to division (B)(5)(a) of this 32507
section. If the section denies an individual a license or license 32508
renewal, the reasons for such denial shall be put in writing.32509

       (2) Except as otherwise provided in this division, if an 32510
individual applying for a license has been convicted of or pleaded 32511
guilty to a misdemeanor that is not a crime of moral turpitude or 32512
a disqualifying offense less than one year prior to making the 32513
application, the section may use its discretion in granting or 32514
denying the individual a license. Except as otherwise provided in 32515
this division, if an individual applying for a license has been 32516
convicted of or pleaded guilty to a felony that is not a crime of 32517
moral turpitude or a disqualifying offense less than three years 32518
prior to making the application, the section may use its 32519
discretion in granting or denying the individual a license. The 32520
provisions in this paragraph do not apply with respect to any 32521
offense unless the section, prior to the effective date of this 32522
amendmentSeptember 28, 2012, was required or authorized to deny 32523
the application based on that offense.32524

        In all other circumstances, the section shall follow the 32525
procedures it adopts by rule that conform to division (H)(1) of 32526
this section.32527

       (3) In considering a renewal of an individual's license, the 32528
section shall not consider any conviction or plea of guilty prior 32529
to the initial licensing. However, the board may consider a 32530
conviction or plea of guilty if it occurred after the individual 32531
was initially licensed, or after the most recent license renewal. 32532

       (4) The section may grant an individual a conditional license 32533
that lasts for one year. After the one-year period has expired, 32534
the license is no longer considered conditional, and the 32535
individual shall be considered fully licensed.32536

       (I) Notwithstanding divisions (D) and (H) of this section and 32537
sections 4740.04 and 4740.05 of the Revised Code, the board may 32538
establish rules that amend the continuing education requirements 32539
and license renewal schedule for licensees as provided in or 32540
adopted pursuant to those sections for the purpose of establishing 32541
a compliance incentive program. These rules may include provisions 32542
for the creation of the program and the qualifications, continuing 32543
education requirements, and renewal schedule for the program.32544

       Sec. 4743.04.  (A) The renewal of a license or other 32545
authorization to practice a trade or profession issued under Title 32546
XLVII of the Revised Code is subject to the provisions of section 32547
5903.10 of the Revised Code relating to service in the armed 32548
forces of the United States or a reserve component of the armed 32549
forces of the United States, including the Ohio national guard or 32550
the national guard of any other state.32551

       (B) Continuing education requirements applicable to the 32552
licensees under Title XLVII of the Revised Code are subject to the 32553
provisions of section 5903.12 of the Revised Code relating to 32554
active duty military service.32555

       (C) A department, agency, or office of this state or of any 32556
political subdivision of this state that issues a license or 32557
certificate to practice a trade or profession may, pursuant to 32558
rules adopted by the department, agency, or office, issue a 32559
temporary license or certificate to practice the trade or 32560
profession to a person whose spouse is on active military duty in 32561
this state.32562

       (D) The issuance of a license or other authorization to 32563
practice a trade or profession issued under Title XLVII of the 32564
Revised Code is subject to the provisions of section 5903.03 of 32565
the Revised Code relating to service in the armed forces of the 32566
United States or a reserve component of the armed forces of the 32567
United States, including the Ohio national guard or the national 32568
guard of any other state.32569

       Sec. 4758.01. As used in this chapter:32570

       (A) "Accredited educational institution" means an educational 32571
institution accredited by an accrediting agency accepted by the 32572
Ohio board of regents.32573

       (B)(1) "Alcohol and other drug clinical counseling 32574
principles, methods, or procedures" means an approach to chemical 32575
dependency counseling that emphasizes the chemical dependency 32576
counselor's role in systematically assisting clients through all 32577
of the following:32578

       (a) Analyzing background and current information;32579

       (b) Exploring possible solutions;32580

       (c) Developing and providing a treatment plan;32581

       (d) In the case of an independent chemical dependency 32582
counselor-clinical supervisor, independent chemical dependency 32583
counselor, or chemical dependency counselor III only, diagnosing 32584
chemical dependency conditions.32585

       (2) "Alcohol and other drug clinical counseling principles, 32586
methods, or procedures" includes counseling, assessing, 32587
consulting, and referral as they relate to chemical dependency 32588
conditions.32589

       (C) "Alcohol and other drug prevention services" means a 32590
planned process of strategies and activities designed to preclude 32591
the onset of the use of alcohol and other drugs, reduce 32592
problematic use of alcohol and other drugs, or both.32593

       (D) "Chemical dependency conditions" means those conditions 32594
relating to the abuse of or dependency on alcohol or other drugs 32595
that are classified in accepted nosologies, including the 32596
diagnostic and statistical manual of mental disorders and the 32597
international classification of diseases, and in editions of those 32598
nosologies published after December 23, 2002.32599

       (E) "Chemical dependency counseling" means rendering or 32600
offering to render to individuals, groups, or the public a 32601
counseling service involving the application of alcohol and other 32602
drug clinical counseling principles, methods, or procedures to 32603
assist individuals who are abusing or dependent on alcohol or 32604
other drugs.32605

       (F) "Pathological and problem gambling" means a persistent 32606
and recurring maladaptive gambling behavior that is classified in 32607
accepted nosologies, including the diagnostic and statistical 32608
manual of mental disorders and the international classification of 32609
diseases, and in editions of those nosologies published after the 32610
effective date of this section.32611

       (G) Unless the context provides otherwise, "scope of 32612
practice" means the services, methods, and techniques in which and 32613
the areas for which a person who holds a license or, certificate, 32614
or endorsement under this chapter is trained and qualified.32615

       (G)(H) "Substance abuse professional" has the same meaning as 32616
in 49 C.F.R. 40.3.32617

       (H)(I) "U.S. department of transportation drug and alcohol 32618
testing program" means a transportation workplace drug and alcohol 32619
testing program governed by 49 C.F.R. part 40.32620

       Sec. 4758.02. (A) Except as provided in section 4758.03 of 32621
the Revised Code, no person shall do any of the following:32622

       (1) Engage in or represent to the public that the person 32623
engages in chemical dependency counseling for a fee, salary, or 32624
other consideration unless the person holds a valid independent 32625
chemical dependency counselor-clinical supervisor license, 32626
independent chemical dependency counselor license, chemical 32627
dependency counselor III license, chemical dependency counselor II 32628
license, or chemical dependency counselor assistant certificate 32629
issued under this chapter;32630

       (2) Use the title "licensed independent chemical dependency 32631
counselor-clinical supervisor," "LICDC-CS," "licensed independent 32632
chemical dependency counselor," "LICDC," "licensed chemical 32633
dependency counselor III," "LCDC III," "licensed chemical 32634
dependency counselor II," "LCDC II," "chemical dependency 32635
counselor assistant," "CDCA," or any other title or description 32636
incorporating the word "chemical dependency counselor" or any 32637
other initials used to identify persons acting in those capacities 32638
unless currently authorized under this chapter to act in the 32639
capacity indicated by the title or initials;32640

       (3) Represent to the public that the person holds a 32641
pathological and problem gambling endorsement unless the person 32642
holds a valid pathological and problem gambling endorsement issued 32643
under this chapter;32644

       (4) Represent to the public that the person is a registered 32645
applicant unless the person holds a valid registered applicant 32646
certificate issued under this chapter;32647

       (4)(5) Use the title "certified prevention specialist II," 32648
"CPS II," "certified prevention specialist I," "CPS I," "certified 32649
prevention specialist assistant," "CPSA," "registered applicant," 32650
"RA," or any other title, description, or initials used to 32651
identify persons acting in those capacities unless currently 32652
authorized under this chapter to act in the capacity indicated by 32653
the title or initials.32654

       (B) No person shall engage in or represent to the public that 32655
the person engages in chemical dependency counseling as a chemical 32656
dependency counselor I.32657

       Sec. 4758.06. No individual who holds or has held a license32658
or, certificate, or endorsement issued under this chapter shall 32659
disclose any information regarding the identity, diagnosis, or 32660
treatment of any of the individual's clients or consumers except 32661
for the purposes and under the circumstances expressly authorized 32662
by 42 U.S.C.A. 290dd-2, regulations promulgated pursuant to that 32663
federal law, other federal law enacted after the effective date of 32664
this sectionDecember 23, 2002, to replace 42 U.S.C.A. 290dd-2, or 32665
regulations promulgated under the replacement federal law. The 32666
prohibition of this section applies whether or not the information 32667
is recorded.32668

       Sec. 4758.16. The chemical dependency professionals board 32669
shall not discriminate against any licensee, certificate holder, 32670
endorsement holder, or applicant for a license or, certificate, or 32671
endorsement under this chapter because of the individual's race, 32672
color, religion, gender, national origin, disability as defined in 32673
section 4112.01 of the Revised Code, or age. The board shall 32674
afford a hearing to any individual who files with the board a 32675
statement alleging discrimination based on any of those reasons.32676

       Sec. 4758.20. (A) The chemical dependency professionals board 32677
shall adopt rules to establish, specify, or provide for all of the 32678
following:32679

       (1) Fees for the purposes authorized by section 4758.21 of 32680
the Revised Code;32681

       (2) If the board, pursuant to section 4758.221 of the Revised 32682
Code, elects to administer examinations for individuals seeking to 32683
act as substance abuse professionals in a U.S. department of 32684
transportation drug and alcohol testing program, the board's 32685
administration of the examinations;32686

       (3) For the purpose of section 4758.23 of the Revised Code, 32687
codes of ethical practice and professional conduct for individuals 32688
who hold a license or, certificate, or endorsement issued under 32689
this chapter;32690

       (4) For the purpose of section 4758.24 of the Revised Code, 32691
all of the following:32692

       (a) Good moral character requirements for an individual who 32693
seeks or holds a license or, certificate, or endorsement issued 32694
under this chapter;32695

       (b) The documents that an individual seeking such a license 32696
or, certificate, or endorsement must submit to the board;32697

       (c) Requirements to obtain the license or, certificate, or 32698
endorsement that are in addition to the requirements established 32699
under sections 4758.39, 4758.40, 4758.41, 4758.42, 4758.43, 32700
4758.44, 4758.45, 4758.46, and 4758.47, and 4758.48 of the Revised 32701
Code. The additional requirements may include preceptorships.32702

       (d) The period of time that an individual whose registered 32703
applicant certificate has expired must wait before applying for a 32704
new registered applicant certificate.32705

       (5) For the purpose of section 4758.28 of the Revised Code, 32706
requirements for approval of continuing education courses of study 32707
for individuals who hold a license or, certificate, or endorsement32708
issued under this chapter;32709

       (6) For the purpose of section 4758.30 of the Revised Code, 32710
the intervention for and treatment of an individual holding a 32711
license or, certificate, or endorsement issued under this chapter 32712
whose abilities to practice are impaired due to abuse of or 32713
dependency on alcohol or other drugs or other physical or mental 32714
condition;32715

       (7) Requirements governing reinstatement of a suspended or 32716
revoked license or, certificate, or endorsement under division (B) 32717
of section 4758.30 of the Revised Code, including requirements for 32718
determining the amount of time an individual must wait to apply 32719
for reinstatement;32720

       (8) For the purpose of section 4758.31 of the Revised Code, 32721
methods of ensuring that all records the board holds pertaining to 32722
an investigation remain confidential during the investigation;32723

       (9) Criteria for employees of the board to follow when 32724
performing their duties under division (B) of section 4758.35 of 32725
the Revised Code;32726

       (10) For the purpose of division (A)(1) of section 4758.39 32727
and division (A)(1) of section 4758.40 of the Revised Code, course 32728
requirements for a degree in a behavioral science or nursing that 32729
shall, at a minimum, include at least forty semester hours in all 32730
of the following courses:32731

       (a) Theories of counseling and psychotherapy;32732

       (b) Counseling procedures;32733

       (c) Group process and techniques;32734

       (d) Relationship therapy;32735

       (e) Research methods and statistics;32736

       (f) Fundamentals of assessment and diagnosis, including 32737
measurement and appraisal;32738

       (g) Psychopathology;32739

       (h) Human development;32740

       (i) Cultural competence in counseling;32741

       (j) Ethics.32742

       (11) For the purpose of division (A)(3) of section 4758.39, 32743
division (A)(3) of section 4758.40, division (A)(3) of section 32744
4758.41, and division (A)(3) of section 4758.42 of the Revised 32745
Code, training requirements for chemical dependency that shall, at 32746
a minimum, include qualifications for the individuals who provide 32747
the training and instruction in all of the following courses:32748

       (a) Theories of addiction;32749

       (b) Counseling procedures and strategies with addicted 32750
populations;32751

       (c) Group process and techniques working with addicted 32752
populations;32753

       (d) Assessment and diagnosis of addiction;32754

       (e) Relationship counseling with addicted populations;32755

       (f) Pharmacology;32756

       (g) Prevention strategies;32757

       (h) Treatment planning;32758

       (i) Legal and ethical issues.32759

       (12) For the purpose of division (B)(2)(b) of section 4758.40 32760
and division (B)(2) of section 4758.41 of the Revised Code, 32761
requirements for the forty clock hours of training on the version 32762
of the diagnostic and statistical manual of mental disorders that 32763
is current at the time of the training, including the number of 32764
the clock hours that must be on substance-related disorders, the 32765
number of the clock hours that must be on chemical dependency 32766
conditions, and the number of the clock hours that must be on 32767
awareness of other mental and emotional disorders;32768

       (13) For the purpose of division (A)(1) of section 4758.41 of 32769
the Revised Code, course requirements for a degree in a behavioral 32770
science or nursing;32771

       (14) For the purpose of division (A) of section 4758.43 of 32772
the Revised Code, training requirements for chemical dependency 32773
counseling that shall, at a minimum, include qualifications for 32774
the individuals who provide the training and instruction in one or 32775
more of the courses listed in division (A)(10) of this section as 32776
selected by the individual seeking the chemical dependency 32777
counselor assistant certificate;32778

       (15) For the purpose of division (A)(2) of section 4758.44 of 32779
the Revised Code, the field of study in which an individual must 32780
obtain at least a bachelor's degree;32781

       (16) For the purpose of division (A)(3) of section 4758.44, 32782
division (A)(3) of section 4758.45, and division (D) of section 32783
4758.46 of the Revised Code, requirements for prevention-related 32784
education;32785

       (17) For the purpose of division (A)(4) of section 4758.44 of 32786
the Revised Code, the number of hours of administrative or 32787
supervisory education that an individual must have;32788

       (18) For the purpose of division (A)(2) of section 4758.45 of 32789
the Revised Code, the field of study in which an individual must 32790
obtain at least an associate's degree;32791

       (19) Standards for the one hundred hours of compensated work 32792
or supervised internship in pathological and problem gambling 32793
direct clinical experience required by division (B)(2) of section 32794
4758.48 of the Revised Code;32795

       (20) For the purpose of section 4758.51 of the Revised Code, 32796
continuing education requirements for individuals who hold a 32797
license or, certificate, or endorsement issued under this chapter;32798

       (20)(21) For the purpose of section 4758.51 of the Revised 32799
Code, the number of hours of continuing education that an 32800
individual must complete to have an expired license or,32801
certificate, or endorsement restored under section 4758.26 of the 32802
Revised Code;32803

       (21)(22) For the purpose of divisions (A) and (B) of section 32804
4758.52 of the Revised Code, training requirements for chemical 32805
dependency counseling;32806

       (22)(23) The duties, which may differ, of all of the 32807
following:32808

       (a) An independent chemical dependency counselor-clinical 32809
supervisor licensed under this chapter who supervises a chemical 32810
dependency counselor III under section 4758.56 of the Revised 32811
Code; 32812

       (b) An independent chemical dependency counselor-clinical 32813
supervisor, independent chemical dependency counselor, or chemical 32814
dependency counselor III licensed under this chapter who 32815
supervises a chemical dependency counselor assistant under section 32816
4758.59 of the Revised Code; 32817

       (c) A prevention specialist II or prevention specialist I 32818
certified under this chapter or independent chemical dependency 32819
counselor-clinical supervisor, independent chemical dependency 32820
counselor, or chemical dependency counselor III licensed under 32821
this chapter who supervises a prevention specialist assistant or 32822
registered applicant under section 4758.61 of the Revised Code. 32823

       (23)(24) The duties of an independent chemical dependency 32824
counselor licensed under this chapter who holds the pathological 32825
and problem gambling endorsement who supervises a chemical 32826
dependency counselor III with the pathological and problem 32827
gambling endorsement under section 4758.62 of the Revised Code.32828

       (25) Anything else necessary to administer this chapter.32829

       (B) All rules adopted under this section shall be adopted in 32830
accordance with Chapter 119. of the Revised Code and any 32831
applicable federal laws and regulations. 32832

       (C) When it adopts rules under this section, the board may 32833
consider standards established by any national association or 32834
other organization representing the interests of those involved in 32835
chemical dependency counseling or alcohol and other drug 32836
prevention services.32837

       Sec. 4758.21. (A) In accordance with rules adopted under 32838
section 4758.20 of the Revised Code and subject to division (B) of 32839
this section, the chemical dependency professionals board shall 32840
establish, and may from time to time adjust, fees to be charged 32841
for the following:32842

       (1) Admitting an individual to an examination administered 32843
pursuant to section 4758.22 of the Revised Code;32844

       (2) Issuing an initial independent chemical dependency 32845
counselor-clinical supervisor license, independent chemical 32846
dependency counselor license, chemical dependency counselor III 32847
license, chemical dependency counselor II license, chemical 32848
dependency counselor assistant certificate, prevention specialist 32849
II certificate, prevention specialist I certificate, prevention 32850
specialist assistant certificate, or registered applicant 32851
certificate;32852

       (3) Issuing an initial pathological and problem gambling 32853
endorsement;32854

       (4) Renewing an independent chemical dependency 32855
counselor-clinical supervisor license, independent chemical 32856
dependency counselor license, chemical dependency counselor III 32857
license, chemical dependency counselor II license, chemical 32858
dependency counselor assistant certificate, prevention specialist 32859
II certificate, prevention specialist I certificate, or prevention 32860
specialist assistant certificate;32861

       (4)(5) Renewing a pathological and problem gambling 32862
endorsement;32863

       (6) Approving continuing education courses under section 32864
4758.28 of the Revised Code;32865

       (5)(7) Doing anything else the board determines necessary to 32866
administer this chapter.32867

       (B) The fees established under division (A) of this section 32868
are nonrefundable. They shall be in amounts sufficient to cover 32869
the necessary expenses of the board in administering this chapter 32870
and rules adopted under it. The fees for a license or,32871
certificate, or endorsement and the renewal of a license or,32872
certificate, or endorsement may differ for the various types of 32873
licenses and, certificates, or endorsements, but shall not exceed 32874
one hundred seventy-five dollars each, unless the board determines 32875
that amounts in excess of one hundred seventy-five dollars are 32876
needed to cover its necessary expenses in administering this 32877
chapter and rules adopted under it and the amounts in excess of 32878
one hundred seventy-five dollars are approved by the controlling 32879
board.32880

       (C) All vouchers of the board shall be approved by the 32881
chairperson or executive director of the board, or both, as 32882
authorized by the board.32883

       Sec. 4758.23. (A) In rules adopted under section 4758.20 of 32884
the Revised Code, the chemical dependency professionals board 32885
shall establish codes of ethical practice and professional conduct 32886
for the following:32887

       (1) Individuals who hold a valid independent chemical 32888
dependency counselor-clinical supervisor license, independent 32889
chemical dependency counselor license, chemical dependency 32890
counselor III license, chemical dependency counselor II license, 32891
or chemical dependency counselor assistant certificate issued 32892
under this chapter;32893

       (2) Individuals who hold a valid prevention specialist II 32894
certificate, prevention specialist I certificate, prevention 32895
specialist assistant certificate, or registered applicant 32896
certificate issued under this chapter;32897

       (3) Individuals who hold a valid pathological and problem 32898
gambling endorsement.32899

       (B) The codes for individuals identified under division 32900
(A)(1) of this section shall define unprofessional conduct, which 32901
shall include engaging in a dual relationship with a client, 32902
former client, consumer, or former consumer; committing an act of 32903
sexual abuse, misconduct, or exploitation of a client, former 32904
client, consumer, or former consumer; and, except as permitted by 32905
law, violating client or consumer confidentiality.32906

       (C) The codes for individuals identified under division 32907
(A)(1) of this section may be based on any codes of ethical 32908
practice and professional conduct developed by national 32909
associations or other organizations representing the interests of 32910
those involved in chemical dependency counseling. The codes for 32911
individuals identified under division (A)(2) of this section may 32912
be based on any codes of ethical practice and professional conduct 32913
developed by national associations or other organizations 32914
representing the interests of those involved in alcohol and other 32915
drug prevention services. The board may establish standards in the 32916
codes that are more stringent than those established by the 32917
national associations or other organizations.32918

       Sec. 4758.24. (A) The chemical dependency professionals board 32919
shall issue a license or, certificate, or endorsement under this 32920
chapter to an individual who meets all of the following 32921
requirements:32922

       (1) Is of good moral character as determined in accordance 32923
with rules adopted under section 4758.20 of the Revised Code;32924

       (2) Except as provided in section 4758.241 of the Revised 32925
Code, submits a properly completed application and all other 32926
documentation specified in rules adopted under section 4758.20 of 32927
the Revised Code;32928

       (3) Except as provided in section 4758.241 of the Revised 32929
Code, pays the fee established under section 4758.21 of the 32930
Revised Code for the license or, certificate, or endorsement that 32931
the individual seeks;32932

       (4) Meets the requirements to obtain the license or,32933
certificate, or endorsement that the individual seeks as specified 32934
in section 4758.39, 4758.40, 4758.41, 4758.42, 4758.43, 4758.44, 32935
4758.45, 4758.46, or 4758.47, or 4758.48 of the Revised Code;32936

       (5) Meets any additional requirements specified in rules 32937
adopted under section 4758.20 of the Revised Code to obtain the 32938
license or, certificate, or endorsement that the individual seeks.32939

       (B) The board shall not do either of the following:32940

       (1) Issue a certificate to practice as a chemical dependency 32941
counselor I;32942

       (2) Issue a new registered applicant certificate to an 32943
individual whose previous registered applicant certificate has 32944
been expired for less than the period of time specified in rules 32945
adopted under section 4758.20 of the Revised Code.32946

       Sec. 4758.26. (A) Subject to section 4758.30 of the Revised 32947
Code, a license or, certificate, or endorsement issued under this 32948
chapter expires the following period of time after it is issued:32949

       (1) In the case of an initial chemical dependency counselor 32950
assistant certificate, thirteen months;32951

       (2) In the case of any other license or, certificate, or 32952
endorsement, two years.32953

       (B) Subject to section 4758.30 of the Revised Code and except 32954
as provided in section 4758.27 of the Revised Code, the chemical 32955
dependency professionals board shall renew a license or,32956
certificate, or endorsement issued under this chapter in 32957
accordance with the standard renewal procedure established under 32958
Chapter 4745. of the Revised Code if the individual seeking the 32959
renewal pays the renewal fee established under section 4758.21 of 32960
the Revised Code and does the following:32961

       (1) In the case of an individual seeking renewal of an 32962
initial chemical dependency counselor assistant certificate, 32963
satisfies the additional training requirement established under 32964
section 4758.52 of the Revised Code;32965

       (2) In the case of any other individual, satisfies the 32966
continuing education requirements established under section 32967
4758.51 of the Revised Code.32968

       (C) Subject to section 4758.30 of the Revised Code and except 32969
as provided in section 4758.27 of the Revised Code, a license or,32970
certificate, or endorsement issued under this chapter that has 32971
expired may be restored if the individual seeking the restoration, 32972
not later than two years after the license or, certificate, or 32973
endorsement expires, applies for restoration of the license or,32974
certificate, or endorsement. The board shall issue a restored 32975
license or, certificate, or endorsement to the individual if the 32976
individual pays the renewal fee established under section 4758.21 32977
of the Revised Code and does the following:32978

       (1) In the case of an individual whose initial chemical 32979
dependency counselor assistant certificate expired, satisfies the 32980
additional training requirement established under section 4758.52 32981
of the Revised Code;32982

       (2) In the case of any other individual, satisfies the 32983
continuing education requirements established under section 32984
4758.51 of the Revised Code for restoring the license or,32985
certificate, or endorsement. 32986

       The board shall not require an individual to take an 32987
examination as a condition of having an expired license or,32988
certificate, or endorsement restored under this section.32989

       Sec. 4758.28. The chemical dependency professionals board 32990
shall approve, in accordance with rules adopted under section 32991
4758.20 of the Revised Code and subject to payment of the fee 32992
established under section 4758.21 of the Revised Code, continuing 32993
education courses of study for individuals who hold a license or,32994
certificate, or endorsement issued under this chapter.32995

       Sec. 4758.29.  On receipt of a notice pursuant to section 32996
3123.43 of the Revised Code, the chemical dependency professionals 32997
board shall comply with sections 3123.41 to 3123.50 of the Revised 32998
Code and any applicable rules adopted under section 3123.63 of the 32999
Revised Code with respect to a license or, certificate, or 33000
endorsement issued pursuant to this chapter.33001

       Sec. 4758.30. (A) The chemical dependency professionals 33002
board, in accordance with Chapter 119. of the Revised Code, may 33003
refuse to issue a license or, certificate, or endorsement applied 33004
for under this chapter; refuse to renew or restore a license or,33005
certificate, or endorsement issued under this chapter; suspend, 33006
revoke, or otherwise restrict a license or, certificate, or 33007
endorsement issued under this chapter; or reprimand an individual 33008
holding a license or, certificate, or endorsement issued under 33009
this chapter. These actions may be taken by the board regarding 33010
the applicant for a license or, certificate, or endorsement or the 33011
individual holding a license or, certificate, or endorsement for 33012
one or more of the following reasons:33013

       (1) Violation of any provision of this chapter or rules 33014
adopted under it;33015

       (2) Knowingly making a false statement on an application for 33016
a license or, certificate, or endorsement or for renewal, 33017
restoration, or reinstatement of a license or, certificate, or 33018
endorsement;33019

       (3) Acceptance of a commission or rebate for referring an 33020
individual to a person who holds a license or certificate issued 33021
by, or who is registered with, an entity of state government, 33022
including persons practicing chemical dependency counseling, 33023
alcohol and other drug prevention services, pathological and 33024
problem gambling counseling, or fields related to chemical 33025
dependency counseling, pathological and problem gambling 33026
counseling, or alcohol and other drug prevention services;33027

       (4) Conviction in this or any other state of any crime that 33028
is a felony in this state;33029

       (5) Conviction in this or any other state of a misdemeanor 33030
committed in the course of practice as an independent chemical 33031
dependency counselor-clinical supervisor, independent chemical 33032
dependency counselor, chemical dependency counselor III, chemical 33033
dependency counselor II, chemical dependency counselor assistant, 33034
prevention specialist II, pathological and problem gambling 33035
endorsee, prevention specialist I, prevention specialist 33036
assistant, or registered applicant;33037

       (6) Inability to practice as an independent chemical 33038
dependency counselor-clinical supervisor, independent chemical 33039
dependency counselor, chemical dependency counselor III, chemical 33040
dependency counselor II, chemical dependency counselor assistant, 33041
pathological and problem gambling endorsee, prevention specialist 33042
II, prevention specialist I, prevention specialist assistant, or 33043
registered applicant due to abuse of or dependency on alcohol or 33044
other drugs or other physical or mental condition;33045

       (7) Practicing outside the individual's scope of practice;33046

       (8) Practicing without complying with the supervision 33047
requirements specified under section 4758.56, 4758.59, or 4758.61, 33048
or 4758.62 of the Revised Code;33049

       (9) Violation of the code of ethical practice and 33050
professional conduct for chemical dependency counseling or,33051
alcohol and other drug prevention, or pathological and problem 33052
gambling counseling services adopted by the board pursuant to 33053
section 4758.23 of the Revised Code;33054

       (10) Revocation of a license or, certificate, or endorsement33055
or voluntary surrender of a license or, certificate, or 33056
endorsement in another state or jurisdiction for an offense that 33057
would be a violation of this chapter.33058

       (B) An individual whose license or, certificate, or 33059
endorsement has been suspended or revoked under this section may 33060
apply to the board for reinstatement after an amount of time the 33061
board shall determine in accordance with rules adopted under 33062
section 4758.20 of the Revised Code. The board may accept or 33063
refuse an application for reinstatement. The board may require an 33064
examination for reinstatement of a license or, certificate, or 33065
endorsement that has been suspended or revoked.33066

       Sec. 4758.31. The chemical dependency professionals board 33067
shall investigate alleged violations of this chapter or the rules 33068
adopted under it and alleged irregularities in the delivery of 33069
chemical dependency counseling services, pathological and problem 33070
gambling counseling services, or alcohol and other drug prevention 33071
services by individuals who hold a license or, certificate, or 33072
endorsement issued under this chapter. As part of an 33073
investigation, the board may issue subpoenas, examine witnesses, 33074
and administer oaths.33075

       The board may receive any information necessary to conduct an 33076
investigation under this section that has been obtained in 33077
accordance with federal laws and regulations. If the board is 33078
investigating the provision of chemical dependency counseling 33079
services or pathological and problem gambling counseling services33080
to a couple or group, it is not necessary for both members of the 33081
couple or all members of the group to consent to the release of 33082
information relevant to the investigation.33083

       The board shall ensure, in accordance with rules adopted 33084
under section 4758.20 of the Revised Code, that all records it 33085
holds pertaining to an investigation remain confidential during 33086
the investigation. After the investigation, the records are public 33087
records except as otherwise provided by federal or state law.33088

       Sec. 4758.35. (A) An individual seeking a license or,33089
certificate, or endorsement issued under this chapter shall file 33090
with the chemical dependency professionals board a written 33091
application on a form prescribed by the board. Each form shall 33092
state that a false statement made on the form is the crime of 33093
falsification under section 2921.13 of the Revised Code.33094

       (B) The board shall require an individual or individuals 33095
employed by the board under section 4758.15 of the Revised Code to 33096
do both of the following in accordance with criteria established 33097
by rules adopted under section 4758.20 of the Revised Code:33098

       (1) Receive and review all applications submitted to the 33099
board;33100

       (2) Submit to the board all applications the individual or 33101
individuals recommend the board review based on the criteria 33102
established in the rules.33103

       (C) The board shall review all applications submitted to the 33104
board pursuant to division (B)(2) of this section.33105

       Sec. 4758.36. As part of the review process under division 33106
(C) of section 4758.35 of the Revised Code of an application 33107
submitted by an applicant who has obtained the applicant's 33108
education, experience in chemical dependency counseling, 33109
pathological and problem gambling, or alcohol and other drug 33110
prevention services, or education and experience outside the 33111
United States, the chemical dependency professionals board shall 33112
determine whether the applicant's command of the English language 33113
and education or experience meet the standards required by this 33114
chapter and rules adopted under it.33115

       Sec. 4758.48.  An individual is not eligible for a 33116
pathological and problem gambling endorsement unless the 33117
individual meets the requirements of divisions (A) and (B) of this 33118
section.33119

       (A) The individual is one or more of the following:33120

       (1) An independent chemical dependency counselor, chemical 33121
dependency counselor III, or chemical dependency counselor II 33122
licensed under this chapter;33123

       (2) Authorized to practice medicine and surgery or 33124
osteopathic medicine and surgery under Chapter 4731. of the 33125
Revised Code;33126

       (3) A psychologist licensed under Chapter 4732. of the 33127
Revised Code;33128

       (4) A registered nurse licensed under Chapter 4723. of the 33129
Revised Code; or33130

       (5) A professional clinical counselor, professional 33131
counselor, independent social worker, social worker, independent 33132
marriage and family therapist, or marriage and family therapist 33133
licensed under Chapter 4757. of the Revised Code.33134

       An individual who is a registered nurse or a professional 33135
clinical counselor, professional counselor, independent social 33136
worker, social worker, independent marriage and family therapist, 33137
or marriage and family therapist is ineligible for the endorsement 33138
unless the endorsement is consistent with the individual's scope 33139
of practice.33140

       (B) Except as otherwise provided in this division, the 33141
individual has completed both of the following:33142

       (1) A minimum of thirty hours of training in pathological and 33143
problem gambling that meets the requirements prescribed in rules 33144
adopted under section 4758.20 of the Revised Code; and33145

       (2) A minimum of one hundred hours of compensated work or 33146
supervised internship in pathological and problem gambling direct 33147
clinical experience.33148

       An independent chemical dependency counselor, chemical 33149
dependency counselor III, or chemical dependency counselor II 33150
licensed under this chapter may be issued an initial pathological 33151
and problem gambling endorsement without having complied with 33152
division (B)(2) of this section, but the independent chemical 33153
dependency counselor, chemical dependency counselor III, or 33154
chemical dependency counselor II shall comply with division (B)(2) 33155
of this section before expiration of the initial endorsement. An 33156
independent chemical dependency counselor, chemical dependency 33157
counselor III, or chemical dependency counselor II who fails to 33158
comply with this paragraph is not entitled to renewal of the 33159
initial endorsement.33160

       Sec. 4758.50. An individual who holds a license or,33161
certificate, or endorsement issued under this chapter shall post 33162
the license or, certificate, or endorsement in a prominent place 33163
at the individual's place of employment.33164

       Sec. 4758.51. (A) Except as provided in division (C) of this 33165
section and in accordance with rules adopted under section 4758.20 33166
of the Revised Code, each individual who holds a license or,33167
certificate, or endorsement issued under this chapter, other than 33168
an initial chemical dependency counselor assistant certificate, 33169
shall complete during the period that the license or, certificate, 33170
or endorsement is in effect not less than the following number of 33171
clock hours of continuing education as a condition of receiving a 33172
renewed license or, certificate, or endorsement:33173

       (1) In the case of an individual holding a prevention 33174
specialist assistant certificate, twenty;33175

       (2) In the case of an individual holding a pathological and 33176
problem gambling endorsement, six;33177

       (3) In the case of any other individual, forty. 33178

       (B) Except as provided in division (C) of this section, an 33179
individual whose license or, certificate, or endorsement issued 33180
under this chapter, other than an initial chemical dependency 33181
counselor assistant certificate, has expired shall complete the 33182
number of hours of continuing education specified in rules adopted 33183
under section 4758.20 of the Revised Code as a condition of 33184
receiving a restored license or, certificate, or endorsement.33185

       (C) The chemical dependency professionals board may waive the 33186
continuing education requirements established under this section 33187
for individuals who are unable to fulfill them because of military 33188
service, illness, residence outside the United States, or any 33189
other reason the board considers acceptable.33190

       Sec. 4758.60. An individual who holds a valid prevention 33191
specialist II certificate or prevention specialist I certificate 33192
issued under this chapter may engage in the practice of alcohol 33193
and other drug prevention services as specified in rules adopted 33194
under section 4758.20 of the Revised Code.33195

       Sec. 4758.62.  An individual who holds an independent 33196
chemical dependency counselor license and a pathological and 33197
problem gambling treatment endorsement may do all of the 33198
following:33199

       (A) Diagnose and treat pathological and problem gambling 33200
conditions;33201

       (B) Perform treatment planning, assessment, crisis 33202
intervention, individual and group counseling, case management, 33203
and educational services insofar as those functions relate to 33204
pathological and problem gambling;33205

       (C) Supervise pathological and problem gambling treatment 33206
counseling; and33207

       (D) Refer individuals with nonpathological and nonproblem 33208
gambling conditions to appropriate sources of help.33209

       Sec. 4758.63.  An individual who holds a chemical dependency 33210
counselor III license and a pathological and problem gambling 33211
endorsement may do all of the following:33212

       (A) Treat pathological and problem gambling conditions;33213

       (B) Diagnose pathological and problem gambling conditions 33214
under supervision;33215

       (C) Perform treatment planning, assessment, crisis 33216
intervention, individual and group counseling, case management, 33217
and educational services insofar as those functions relate to 33218
pathological and problem gambling;33219

       (D) Supervise pathological and problem gambling treatment 33220
counseling under supervision; and33221

       (E) Refer individuals having nonpathological and nonproblem 33222
gambling conditions to appropriate sources of help.33223

       The supervision required by divisions (B) and (D) of this 33224
section shall be provided by an independent chemical dependency 33225
counselor licensed under this chapter; an individual authorized to 33226
practice medicine and surgery or osteopathic medicine and surgery 33227
under Chapter 4731. of the Revised Code; a psychologist licensed 33228
under Chapter 4732. of the Revised Code; a registered nurse 33229
licensed under Chapter 4723. of the Revised Code; or a 33230
professional clinical counselor, independent social worker, or 33231
independent marriage and family therapist licensed under Chapter 33232
4757. of the Revised Code. A registered nurse or a professional 33233
clinical counselor, independent social worker, or independent 33234
marriage and family therapist is not qualified to provide 33235
supervision unless the individual holds a pathological and problem 33236
gambling endorsement.33237

       An individual holding a chemical dependency counselor III 33238
license shall not practice as an individual practitioner.33239

       Sec. 4758.64.  An individual who holds a chemical dependency 33240
counselor II license and a pathological and problem gambling 33241
endorsement may do all of the following:33242

       (A) Treat pathological and problem gambling conditions;33243

       (B) Perform treatment planning, assessment, crisis 33244
intervention, individual and group counseling, case management, 33245
and educational services insofar as those functions relate to 33246
pathological and problem gambling; and33247

       (C) Refer individuals having nonpathological and nonproblem 33248
gambling conditions to appropriate sources of help.33249

       An individual holding a chemical dependency II license shall 33250
not practice as an individual practitioner.33251

       Sec. 4758.71. Nothing in this chapter or the rules adopted 33252
under it authorizes an individual who holds a license or,33253
certificate, or endorsement issued under this chapter to admit a 33254
patient to a hospital or requires a hospital to allow any such 33255
individual to admit a patient.33256

       Sec. 4781.121. (A) The manufactured homes commission, 33257
pursuant to section 4781.04 of the Revised Code, may investigate 33258
any person who allegedly has committed a violation. If, after an 33259
investigation the commission determines that reasonable evidence 33260
exists that a person has committed a violation, within seven days 33261
after that determination, the commission shall send a written 33262
notice to that person in the same manner as prescribed in section 33263
119.07 of the Revised Code for licensees, except that the notice 33264
shall specify that a hearing will be held and specify the date, 33265
time, and place of the hearing.33266

       (B) The commission shall hold a hearing regarding the alleged 33267
violation in the same manner prescribed for an adjudication 33268
hearing under section 119.09 of the Revised Code. If the 33269
commission, after the hearing, determines that a violation has 33270
occurred, the commission, upon an affirmative vote of five of its 33271
members, may impose a fine not exceeding one thousand dollars per 33272
violation per day. The commission's determination is an order that 33273
the person may appeal in accordance with section 119.12 of the 33274
Revised Code.33275

       (C) If the person who allegedly committed a violation fails 33276
to appear for a hearing, the commission may request the court of 33277
common pleas of the county where the alleged violation occurred to 33278
compel the person to appear before the commission for a hearing.33279

       (D) If the commission assesses a person a civil penalty for a 33280
violation and the person fails to pay that civil penalty within 33281
the time period prescribed by the commission pursuant to section 33282
131.02 of the Revised Code, the commission shall forward to the 33283
attorney general the name of the person and the amount of the 33284
civil penalty for the purpose of collecting that civil penalty. In 33285
addition to the civil penalty assessed pursuant to this section, 33286
the person also shall pay any fee assessed by the attorney general 33287
for collection of the civil penalty.33288

       (E) The authority provided to the commission pursuant to this 33289
section, and any fine imposed under this section, shall be in 33290
addition to, and not in lieu of, all penalties and other remedies 33291
provided in this chapter. Any fines collected pursuant to this 33292
section shall be used solely to administer and enforce this 33293
chapter and rules adopted under it. Any fees collected pursuant to 33294
this section shall be transmitted to the treasurer of state and 33295
shall be credited to the manufactured homes commission regulatory 33296
fund created in section 4781.54 of the Revised Code and the rules 33297
adopted thereunder. The fees shall be used only for the purpose of 33298
administering and enforcing sections 4781.26 to 4781.35 of the 33299
Revised Code and the rules adopted thereunder.33300

       (F) As used in this section, "violation" means a violation of 33301
section 4781.11, 4781.16, or 4781.27, or any rule adopted pursuant 33302
to section 4781.04, of the Revised Codethis chapter.33303

       Sec. 4781.29.  The manufactured homes commission may refuse 33304
to grant, may suspend, or may revoke any license granted to any 33305
person for failure to comply with sections 4781.26 to 4781.35 of 33306
the Revised Codethis chapter or with any rule adopted under 33307
section 4781.26 of the Revised Codeit.33308

       Sec. 4905.01.  As used in this chapter:33309

       (A) "Railroad" has the same meaning as in section 4907.02 of 33310
the Revised Code.33311

       (B) "Motor carrier" has the same meaning as in section 33312
4923.01 of the Revised Code.33313

       (C) "Motor vehicle" and "public highway" have the same 33314
meanings as in section 4921.01 of the Revised Code.33315

       (D) "Ohio coal research and development costs" means all 33316
reasonable costs associated with a facility or project undertaken 33317
by a public utility for which a recommendation to allow the 33318
recovery of costs associated therewith has been made under 33319
division (B)(7) of section 1551.33 of the Revised Code, including, 33320
but not limited to, capital costs, such as costs of debt and 33321
equity; construction and operation costs; termination and 33322
retirement costs; costs of feasibility and marketing studies 33323
associated with the project; and the acquisition and delivery 33324
costs of Ohio coal used in the project, less any expenditures of 33325
grant moneys.33326

       (E) "Intermodal equipment provider" has the same meaning as 33327
in 49 C.F.R. 390.5.33328

       Sec. 4905.81.  The public utilities commission shall:33329

       (A) Supervise and regulate each motor carrier;33330

       (B) Regulate the safety of operation of each motor carrier 33331
and intermodal equipment provider;33332

       (C) Adopt reasonable safety rules applicable to the highway 33333
transportation of persons or property in interstate and intrastate 33334
commerce by motor carriers;33335

       (D) Adopt safety rules applicable to the transportation and 33336
offering for transportation of hazardous materials in interstate 33337
and intrastate commerce by motor carriers. The rules shall not be 33338
incompatible with the requirements of the United States department 33339
of transportation.33340

       (E) Require the filing of reports and other data by motor 33341
carriers;33342

       (F) Adopt reasonable rules for the administration and 33343
enforcement of this chapter and Chapters 4901., 4903., 4907., 33344
4909., 4921., and 4923. of the Revised Code applying to each motor 33345
carrier in this state;33346

       (G) Supervise and regulate motor carriers in all other 33347
matters affecting the relationship between those carriers and the 33348
public to the exclusion of all local authorities, except as 33349
provided in this section. The commission, in the exercise of the 33350
jurisdiction conferred upon it by this chapter and Chapters 4901., 33351
4903., 4907., 4909., 4921., and 4923. of the Revised Code, may 33352
adopt rules affecting motor carriers, notwithstanding the 33353
provisions of any ordinance, resolution, license, or permit 33354
enacted, adopted, or granted by any township, municipal 33355
corporation, municipal corporation and county, or county. In case 33356
of conflict between any such ordinance, resolution, license, or 33357
permit, the order or rule of the commission shall prevail. Local 33358
subdivisions may adopt reasonable local police rules within their 33359
respective boundaries not inconsistent with those chapters and 33360
rules adopted under them.33361

       The commission has jurisdiction to receive, hear, and 33362
determine as a question of fact, upon complaint of any party or 33363
upon its own motion, and upon not less than fifteen days' notice 33364
of the time and place of the hearing and the matter to be heard, 33365
whether any corporation, company, association, joint-stock 33366
association, person, firm, or copartnership, or their lessees, 33367
legal or personal representatives, trustees, or receivers or 33368
trustees appointed by any court, is engaged as a motor carrier. 33369
The finding of the commission on such a question is a final order 33370
that may be reviewed as provided in section 4923.15 of the Revised 33371
Code.33372

       Sec. 4905.95.  (A) Except as otherwise provided in division 33373
(C) of this section:33374

       (1) The public utilities commission, regarding any proceeding 33375
under this section, shall provide reasonable notice and the 33376
opportunity for a hearing in accordance with rules adopted under 33377
section 4901.13 of the Revised Code.33378

       (2) Sections 4903.02 to 4903.082, 4903.09 to 4903.16, and 33379
4903.20 to 4903.23 of the Revised Code apply to all proceedings 33380
and orders of the commission under this section and to all 33381
operators subject to those proceedings and orders.33382

       (B) If, pursuant to a proceeding it specially initiates or to 33383
any other proceeding and after the hearing provided for under 33384
division (A) of this section, the commission finds that:33385

       (1) An operator has violated or failed to comply with, or is 33386
violating or failing to comply with, sections 4905.90 to 4905.96 33387
of the Revised Code or the pipe-line safety code, the commission 33388
by order:33389

       (a) Shall require the operator to comply and to undertake 33390
corrective action necessary to protect the public safety;33391

       (b) May assess upon the operator forfeitures of not more than 33392
onetwo hundred thousand dollars for each day of each violation or 33393
noncompliance, except that the aggregate of such forfeitures shall 33394
not exceed onetwo million dollars for any related series of 33395
violations or noncompliances. In determining the amount of any 33396
such forfeiture, the commission shall consider all of the 33397
following:33398

       (i) The gravity of the violation or noncompliance;33399

       (ii) The operator's history of prior violations or 33400
noncompliances;33401

       (iii) The operator's good faith efforts to comply and 33402
undertake corrective action;33403

       (iv) The operator's ability to pay the forfeiture;33404

       (v) The effect of the forfeiture on the operator's ability to 33405
continue as an operator;33406

       (vi) Such other matters as justice may require.33407

All forfeitures collected under this division or section 4905.96 33408
of the Revised Code shall be deposited in the state treasury to 33409
the credit of the general revenue fund.33410

       (c) May direct the attorney general to seek the remedies 33411
provided in section 4905.96 of the Revised Code.33412

       (2) An intrastate pipe-line transportation facility is 33413
hazardous to life or property, the commission by order:33414

       (a) Shall require the operator of the facility to take 33415
corrective action to remove the hazard. Such corrective action may 33416
include suspended or restricted use of the facility, physical 33417
inspection, testing, repair, replacement, or other action.33418

       (b) May direct the attorney general to seek the remedies 33419
provided in section 4905.96 of the Revised Code.33420

       (C) If, pursuant to a proceeding it specially initiates or to 33421
any other proceeding, the commission finds that an emergency 33422
exists due to a condition on an intrastate pipe-line 33423
transportation facility posing a clear and immediate danger to 33424
life or health or threatening a significant loss of property and 33425
requiring immediate corrective action to protect the public 33426
safety, the commission may issue, without notice or prior hearing, 33427
an order reciting its finding and may direct the attorney general 33428
to seek the remedies provided in section 4905.96 of the Revised 33429
Code. The order shall remain in effect for not more than forty 33430
days after the date of its issuance. The order shall provide for a 33431
hearing as soon as possible, but not later than thirty days after 33432
the date of its issuance. After the hearing the commission shall 33433
continue, revoke, or modify the order and may make findings under 33434
and seek appropriate remedies as provided in division (B) of this 33435
section.33436

       Sec. 4909.157. (A) As used in this section, "manufactured gas 33437
plant" means a plant that was operational prior to 1970 and that 33438
produced, for sale to customers, manufactured gas from one of the 33439
following processes:33440

       (1) Coal gas;33441

       (2) Carburetted water gas;33442

       (3) Oil gas.33443

       (B) The public utilities commission may authorize a natural 33444
gas company or gas company to recover environmental remediation 33445
costs to which the following apply:33446

        (1) The costs are prudently incurred before January 1, 2025.33447

        (2) The costs are also related to real property to which all 33448
of the following apply:33449

       (a) The property was owned by the company or a predecessor in 33450
interest before July 1, 2014.33451

       (b) The property was formerly the site of a manufactured gas 33452
plant.33453

       (c) At the time recovery is authorized, the property is or 33454
was used for the provision of public utility service.33455

        (3) At least one of the following applies:33456

       (a) The costs were incurred under the voluntary action 33457
program as described in Chapter 3746. of the Revised Code.33458

       (b) The costs were ordered by an environmental agency with 33459
jurisdiction or a court with jurisdiction.33460

       (c) The costs were the subject of a previously authorized 33461
regulatory asset.33462

       (C) Recovery under this section may be provided for through 33463
the establishment of a mechanism by the commission. Any such 33464
mechanism shall set forth the specific terms of the recovery. The 33465
mechanism shall include an application and an evidentiary hearing 33466
in which the applicant shall bear the burden of proof.33467

       (D) In determining whether to authorize recovery under this 33468
section, and in determining any amount of recovery, the commission 33469
may consider, in its prudency review, any or all of the following:33470

       (1) The potential liability of third parties for the 33471
environmental remediation costs, and whether and to what extent 33472
those parties should share in payment of those costs;33473

       (2) To the extent that it can be ascertained, whether and to 33474
what extent the contamination associated with the environmental 33475
remediation costs occurred prior to the date that the company was 33476
first subject to the regulatory authority of the commission under 33477
Chapter 4905. of the Revised Code;33478

       (3) Whether the remediation obligation initially arose during 33479
a time when the company was subject to the regulatory authority of 33480
the commission under Chapter 4905. of the Revised Code.33481

        (E) If the commission authorizes recovery under this section, 33482
the company, upon the sale of the property described in division 33483
(B)(2) of this section, shall return to the company's customers 33484
the difference between the sale price of the property, minus any 33485
reasonable expenses related to the sale, and the fair market value 33486
of the property prior to remediation.33487

        (F) Divisions (A)(1) and (4) of section 4909.15 of the 33488
Revised Code do not preclude the recovery of environmental 33489
remediation costs as described in this section.33490

       Sec. 4921.13. (A) The public utilities commission shall adopt 33491
rules applicable to the filing of annual update forms and the 33492
payment of taxes by for-hire motor carriers. The rules shall not 33493
be incompatible with the requirements of the United States 33494
department of transportation. The rules shall at a minimum address 33495
all of the following:33496

       (1) The information and certifications that must be provided 33497
to the commission on an annual update form, including a 33498
certification that the carrier continues to be in compliance with 33499
the applicable laws of this state.33500

       (2) Documentation and information that must be provided 33501
regarding proof of financial responsibility;33502

       (3) The form and manner in which taxes may be paid under 33503
section 4921.19 of the Revised Code.33504

       (B) The rules may address any other information that the 33505
commission determines is necessary to carry out this section.33506

       (C) A for-hire motor carrier shall not be issued aany tax 33507
receipt under division (C) of section 4921.19 of the Revised Code 33508
until all of the following have been satisfied:33509

       (1) A complete and accurate annual update form has been filed 33510
with the commission;33511

       (2) Proof of financial responsibility remains in effect; 33512

       (3) All applicable registration fees in accordance with rules 33513
adopted under section 4921.11 of the Revised Code, all applicable 33514
taxes under section 4921.19 of the Revised Code, and any 33515
forfeitures imposed under section 4923.99 of the Revised Code have 33516
been paid in full.33517

       Sec. 4921.19.  (A) Every for-hire motor carrier operating in 33518
this state shall, at the time of the issuance of a certificate of 33519
public convenience and necessity under section 4921.03 of the 33520
Revised Code, pay to the public utilities commission, for and on 33521
behalf of the treasurer of state, the following taxes:33522

       (1) For each motor vehicle used for transporting persons, 33523
thirty dollars;33524

       (2) For each commercial tractor, as defined in section 33525
4501.01 of the Revised Code, used for transporting property, 33526
thirty dollars;33527

       (3) For each other motor vehicle transporting property, 33528
twenty dollars.33529

       (B) Every for-hire motor carrier operating in this state 33530
solely in intrastate commerce shall, annually between the first 33531
day of May and the thirtieth day of June, pay to the commission, 33532
for and on behalf of the treasurer of state, the following taxes:33533

       (1) For each motor vehicle used for transporting persons, 33534
thirty dollars;33535

       (2) For each commercial tractor, as defined in section 33536
4501.01 of the Revised Code, used for transporting property, 33537
thirty dollars;33538

       (3) For each other motor vehicle transporting property, 33539
twenty dollars.33540

       (C) After a for-hire motor carrier has paid the applicable 33541
taxes under division (A) or (B) of this section and met all 33542
applicable requirements under section 4921.03 or division (C) of 33543
section 4921.13 of the Revised Code have been met, the commission 33544
shall issue the carrier a tax receipt for each motor vehicle for 33545
which a tax has been paid under this section. The carrier shall 33546
carry a copy ofkeep the appropriate tax receipt in each motor 33547
vehicle operated by the carrier. The carrier shall maintain the 33548
original copy of the tax receipt at the carrier's primary place of 33549
businesstax receipt records that specify to which motor vehicle 33550
each tax receipt is assigned.33551

       (D) A trailer used by a for-hire motor carrier shall not be 33552
taxed under this section.33553

       (E) The annual tax levied by division (B) of this section 33554
does not apply in those cases where the commission finds that the 33555
movement of agricultural commodities or foodstuffs produced 33556
therefrom requires a temporary and seasonal use of vehicular 33557
equipment for a period of not more than ninety days. In such 33558
event, the tax on the vehicular equipment shall be twenty-five per 33559
cent of the annual tax levied by division (B) of this section. If 33560
any vehicular equipment is used in excess of the ninety-day 33561
period, the annual tax levied by this section shall be paid.33562

       (F) All taxes levied by division (B) of this section shall be 33563
reckoned as from the beginning of the quarter in which the tax 33564
receipt is issued or as from when the use of equipment under any 33565
existing tax receipt began.33566

       (G) The fees for unified carrier registration pursuant to 33567
section 4921.11 of the Revised Code shall be identical to those 33568
established by the unified carrier registration act board as 33569
approved by the federal motor carrier safety administration for 33570
each year.33571

       (H)(1) The fees for uniform registration and a uniform permit 33572
as a carrier of hazardous materials pursuant to section 4921.15 of 33573
the Revised Code shall consist of the following:33574

       (a) A processing fee of fifty dollars;33575

       (b) An apportioned per-truck registration fee, which shall be 33576
calculated by multiplying the percentage of a registrant's 33577
activity in this state times the percentage of the registrant's 33578
business that is hazardous-materials-related, times the number of 33579
vehicles owned or operated by the registrant, times a per-truck 33580
fee determined by order of the commission following public notice 33581
and an opportunity for comment.33582

       (i) The percentage of a registrant's activity in this state 33583
shall be calculated by dividing the number of miles that the 33584
registrant travels in this state under the international 33585
registration plan, pursuant to section 4503.61 of the Revised 33586
Code, by the number of miles that the registrant travels 33587
nationwide under the international registration plan. Registrants 33588
that operate solely within this state shall use one hundred per 33589
cent as their percentage of activity. Registrants that do not 33590
register their vehicles through the international registration 33591
plan shall calculate activity in the state in the same manner as 33592
that required by the international registration plan.33593

       (ii) The percentage of a registrant's business that is 33594
hazardous-materials-related shall be calculated, for 33595
less-than-truckload shipments, by dividing the weight of all the 33596
registrant's hazardous materials shipments by the total weight of 33597
all shipments in the previous year. The percentage of a 33598
registrant's business that is hazardous-materials-related shall be 33599
calculated, for truckload shipments, by dividing the number of 33600
shipments for which placarding, marking of the vehicle, or 33601
manifesting, as appropriate, was required by regulations adopted 33602
under sections 4 to 6 of the "Hazardous Materials Transportation 33603
Uniform Safety Act of 1990," 104 Stat. 3244, 49 U.S.C. App. 1804, 33604
by the total number of the registrant's shipments that transported 33605
any kind of goods in the previous year. A registrant that 33606
transports both less-than-truckload and truckload shipments of 33607
hazardous materials shall calculate the percentage of business 33608
that is hazardous-materials-related on a proportional basis.33609

       (iii) A registrant may utilize fiscal year, or calendar year, 33610
or other current company accounting data, or other publicly 33611
available information, in calculating the percentages required by 33612
divisions (H)(1)(b)(i) and (ii) of this section.33613

       (2) The commission, after notice and opportunity for a 33614
hearing, may assess each carrier a fee for any background 33615
investigation required for the issuance, for the purpose of 33616
section 3734.15 of the Revised Code, of a uniform permit as a 33617
carrier of hazardous wastes and fees related to investigations and 33618
proceedings for the denial, suspension, or revocation of a uniform 33619
permit as a carrier of hazardous materials. The fees shall not 33620
exceed the reasonable costs of the investigations and proceedings. 33621
The fee for a background investigation for a uniform permit as a 33622
carrier of hazardous wastes shall be six hundred dollars plus the 33623
costs of obtaining any necessary information not included in the 33624
permit application, to be calculated at the rate of thirty dollars 33625
per hour, not exceeding six hundred dollars, plus any fees payable 33626
to obtain necessary information.33627

       (I) The application fee for a certificate for the 33628
transportation of household goods issued pursuant to sections 33629
4921.30 to 4921.38 of the Revised Code shall be based on the 33630
certificate holder's gross revenue, in the prior year, for the 33631
intrastate transportation of household goods. The commission shall 33632
establish, by order, ranges of gross revenue and the fee for each 33633
range. The fees shall be set in amounts sufficient to carry out 33634
the purposes of sections 4921.30 to 4921.38 and 4923.99 of the 33635
Revised Code and, to the extent necessary, the commission shall 33636
make changes to the fee structure to ensure that neither over nor 33637
under collection of the fees occurs. The fees shall also take into 33638
consideration the revenue generated from the assessment of 33639
forfeitures under section 4923.99 of the Revised Code regarding 33640
the consumer protection provisions applicable to for-hire motor 33641
carriers engaged in the transportation of household goods.33642

       (J) The fees and taxes provided under this section shall be 33643
in addition to taxes, fees, and charges fixed and exacted by other 33644
sections of the Revised Code, except the assessments required by 33645
section 4905.10 of the Revised Code, but all fees, license fees, 33646
annual payments, license taxes, or taxes or other money exactions, 33647
except the general property tax, assessed, charged, fixed, or 33648
exacted by local authorities such as municipal corporations, 33649
townships, counties, or other local boards, or the officers of 33650
such subdivisions are illegal and, are superseded by sections 33651
4503.04 and 4905.03 and Chapter 4921. of the Revised Code. On 33652
compliance with sections 4503.04 and 4905.03 and Chapter 4921. of 33653
the Revised Code, all local ordinances, resolutions, by laws33654
bylaws, and rules in force shall cease to be operative as to the 33655
persons in compliance, except that such local subdivisions may 33656
make reasonable local police regulations within their respective 33657
boundaries not inconsistent with sections 4503.04 and 4905.03 and 33658
Chapter 4921. of the Revised Code. 33659

       Sec. 4923.01.  As used in this chapter:33660

       (A) "Ambulance," "interstate commerce," "intrastate 33661
commerce," "motor vehicle," "public highway," "ridesharing 33662
arrangement," and "school bus" have the same meanings as in 33663
section 4921.01 of the Revised Code.33664

       (B) "For-hire motor carrier" means a person engaged in the 33665
business of transporting persons or property by motor vehicle for 33666
compensation, except when engaged in any of the following in 33667
intrastate commerce:33668

       (1) The transportation of persons in taxicabs in the usual 33669
taxicab service;33670

       (2) The transportation of pupils in school busses operating 33671
to or from school sessions or school events;33672

       (3) The transportation of farm supplies to the farm or farm 33673
products from farm to market or to food fabricating plants;33674

       (4) The distribution of newspapers;33675

       (5) The transportation of crude petroleum incidental to 33676
gathering from wells and delivery to destination by pipe line;33677

       (6) The transportation of injured, ill, or deceased persons 33678
by hearse or ambulance;33679

       (7) The transportation of compost (a combination of manure 33680
and sand or shredded bark mulch) or shredded bark mulch;33681

       (8) The transportation of persons in a ridesharing 33682
arrangement when any fee charged each person so transported is in 33683
such amount as to recover only the person's share of the costs of 33684
operating the motor vehicle for such purpose;33685

       (9) The operation of motor vehicles for contractors on public 33686
road work.33687

       "For-hire motor carrier" includes the carrier's agents, 33688
officers, and representatives, as well as employees responsible 33689
for hiring, supervising, training, assigning, or dispatching 33690
drivers and employees concerned with the installation, inspection, 33691
and maintenance of motor-vehicle equipment and accessories.33692

       Divisions (B)(1) to (9) of this section shall not be 33693
construed to relieve a person from compliance with rules adopted 33694
under division (A)(2) of section 4923.04 of the Revised Code, 33695
division (E) of section 4923.06 of the Revised Code, division (B) 33696
of section 4923.07 of the Revised Code, and section 4923.11 of the 33697
Revised Code, or from compliance with rules regarding commercial 33698
driver's licenses adopted under division (A)(1) of section 4923.04 33699
of the Revised Code.33700

       (C) "Interchange" and "intermodal equipment" have the same 33701
meanings as in 49 C.F.R. 390.5.33702

       (D) "Motor carrier" means both a for-hire motor carrier and a 33703
private motor carrier.33704

       (D)(E) "Private motor carrier" means a person who is not a 33705
for-hire motor carrier but is engaged in the business of 33706
transporting persons or property by motor vehicle, except as 33707
provided in section 4923.02 of the Revised Code. "Private motor 33708
carrier" includes the carrier's agents, officers, and 33709
representatives, as well as employees responsible for hiring, 33710
supervising, training, assigning, or dispatching drivers and 33711
employees concerned with the installation, inspection, and 33712
maintenance of motor-vehicle equipment and accessories.33713

       Sec. 4923.02.  (A) As used in this chapter, "private motor 33714
carrier" does not include a person when engaged in any of the 33715
following in intrastate commerce:33716

       (1) The transportation of persons in taxicabs in the usual 33717
taxicab service;33718

       (2) The transportation of pupils in school busses operating 33719
to or from school sessions or school events;33720

       (3) The transportation of farm supplies to the farm or farm 33721
products from farm to market or to food fabricating plants;33722

       (4) The distribution of newspapers;33723

       (5) The transportation of crude petroleum incidental to 33724
gathering from wells and delivery to destination by pipe line;33725

       (6) The transportation of injured, ill, or deceased persons 33726
by hearse or ambulance; 33727

       (7) The transportation of compost (a combination of manure 33728
and sand or shredded bark mulch) or shredded bark mulch;33729

       (8) The transportation of persons in a ridesharing 33730
arrangement when any fee charged each person so transported is in 33731
such amount as to recover only the person's share of the costs of 33732
operating the motor vehicle for such purpose;33733

       (9) The operation of motor vehicles for contractors on public 33734
road work.33735

       (B) The public utilities commission may grant a motor carrier 33736
operating in intrastate commerce a temporary exemption from some 33737
or all of the provisions of this chapter and the rules adopted 33738
under it, when either of the following applies:33739

       (1) The governor of this state has declared an emergency.33740

       (2) The chairperson of the commission or the chairperson's 33741
designee has declared a transportation-specific emergency.33742

       (C) The commission may adopt rules not incompatible with the 33743
requirements of the United States department of transportation to 33744
provide exemptions to motor carriers operating in intrastate 33745
commerce not otherwise identified in divisions (A) and (B) of this 33746
section.33747

       (D) Divisions (A) to (C) of this section shall not be 33748
construed to relieve a person from compliance with either of the 33749
following:33750

       (1) Rules adopted under division (A)(2) of section 4923.04 of 33751
the Revised Code, division (E) of section 4923.06 of the Revised 33752
Code, division (B) of section 4923.07 of the Revised Code, and 33753
section 4923.11 of the Revised Code;33754

       (2) Rules regarding commercial driver's licenses adopted 33755
under division (A)(1) of section 4923.04 of the Revised Code;33756

       (3) Rules adopted under section 4921.15 of the Revised Code 33757
regarding uniform registration and permitting of carriers of 33758
hazardous materials and other applicable provisions of that 33759
section and division (H) of section 4921.19 of the Revised Code.33760

       Sec. 4923.04.  (A)(1) The public utilities commission shall 33761
adopt rules applicable to the transportationfollowing:33762

       (1) Transportation of persons or property by motor carriers 33763
operating in interstate and intrastate commerce.;33764

       (2) The commission shall adopt rules applicable to the 33765
highwayHighway transportation and offering for transportation of 33766
hazardous materials by motor carriers, and persons engaging in the 33767
highway transportation and offering for transportation of 33768
hazardous materials, operating in interstate or intrastate 33769
commerce;33770

       (3) Use and interchange of intermodal equipment. 33771

       (B) The rules adopted under division (A) of this section 33772
shall not be incompatible with the requirements of the United 33773
States department of transportation.33774

       (C) To achieve the purposes of this chapter and to assist the 33775
commission in the performance of any of its powers or duties, the 33776
commission, either through the public utilities commissioners or 33777
employees authorized by it, may do either or both of the 33778
following:33779

       (1) Apply for, and any judge of a court of record of 33780
competent jurisdiction may issue, an appropriate search warrant;33781

       (2) Examine under oath, at the offices of the commission, any 33782
officer, agent, or employee of any person subject to this chapter. 33783
The commission, by subpoena, also may compel the attendance of a 33784
witness for the purpose of the examination and, by subpoena duces 33785
tecum, may compel the production of all books, contracts, records, 33786
and documents that relate to the transportation and offering for 33787
transportation of hazardous materialscompliance with this chapter 33788
and the rules adopted thereunder.33789

       Sec. 4928.66. (A)(1)(a) Beginning in 2009, an electric 33790
distribution utility shall implement energy efficiency programs 33791
that achieve energy savings equivalent to at least three-tenths of 33792
one per cent of the total, annual average, and normalized 33793
kilowatt-hour sales of the electric distribution utility during 33794
the preceding three calendar years to customers in this state. An 33795
energy efficiency program may include a combined heat and power 33796
system placed into service or retrofitted on or after the 33797
effective date of the amendment of this section by S.B. 315 of the 33798
129th general assembly, September 10, 2012, or a waste energy 33799
recovery system placed into service or retrofitted on or after the 33800
same dateSeptember 10, 2012, except that a waste energy recovery 33801
system described in division (A)(38)(b) of section 4928.01 of the 33802
Revised Code may be included only if it was placed into service 33803
between January 1, 2002, and December 31, 2004. For a waste energy 33804
recovery or combined heat and power system, the savings shall be 33805
as estimated by the public utilities commission. The savings 33806
requirement, using such a three-year average, shall increase to an 33807
additional five-tenths of one per cent in 2010, seven-tenths of 33808
one per cent in 2011, eight-tenths of one per cent in 2012, 33809
nine-tenths of one per cent in 2013, one per cent from 2014 to 33810
2018, and two per cent each year thereafter, achieving a 33811
cumulative, annual energy savings in excess of twenty-two per cent 33812
by the end of 2025. For purposes of a waste energy recovery or 33813
combined heat and power system, an electric distribution utility 33814
shall not apply more than the total annual percentage of the 33815
electric distribution utility's industrial-customer load, relative 33816
to the electric distribution utility's total load, to the annual 33817
energy savings requirement.33818

       (b) Beginning in 2009, an electric distribution utility shall 33819
implement peak demand reduction programs designed to achieve a one 33820
per cent reduction in peak demand in 2009 and an additional 33821
seventy-five hundredths of one per cent reduction each year 33822
through 2018. In 2018, the standing committees in the house of 33823
representatives and the senate primarily dealing with energy 33824
issues shall make recommendations to the general assembly 33825
regarding future peak demand reduction targets.33826

       (2) For the purposes of divisions (A)(1)(a) and (b) of this 33827
section:33828

       (a) The baseline for energy savings under division (A)(1)(a) 33829
of this section shall be the average of the total kilowatt hours 33830
the electric distribution utility sold in the preceding three 33831
calendar years, and the baseline for a peak demand reduction under 33832
division (A)(1)(b) of this section shall be the average peak 33833
demand on the utility in the preceding three calendar years, 33834
except that the commission may reduce either baseline to adjust 33835
for new economic growth in the utility's certified territory.33836

       (b) The commission may amend the benchmarks set forth in 33837
division (A)(1)(a) or (b) of this section if, after application by 33838
the electric distribution utility, the commission determines that 33839
the amendment is necessary because the utility cannot reasonably 33840
achieve the benchmarks due to regulatory, economic, or 33841
technological reasons beyond its reasonable control.33842

       (c) Compliance with divisions (A)(1)(a) and (b) of this 33843
section shall be measured by including the effects of all 33844
demand-response programs for mercantile customers of the subject 33845
electric distribution utility, all waste energy recovery systems 33846
and all combined heat and power systems, and all such mercantile 33847
customer-sited energy efficiency, including waste energy recovery 33848
and combined heat and power, and peak demand reduction programs, 33849
adjusted upward by the appropriate loss factors. Any mechanism 33850
designed to recover the cost of energy efficiency, including waste 33851
energy recovery and combined heat and power, and peak demand 33852
reduction programs under divisions (A)(1)(a) and (b) of this 33853
section may exempt mercantile customers that commit their 33854
demand-response or other customer-sited capabilities, whether 33855
existing or new, for integration into the electric distribution 33856
utility's demand-response, energy efficiency, including waste 33857
energy recovery and combined heat and power, or peak demand 33858
reduction programs, if the commission determines that that 33859
exemption reasonably encourages such customers to commit those 33860
capabilities to those programs. If a mercantile customer makes 33861
such existing or new demand-response, energy efficiency, including 33862
waste energy recovery and combined heat and power, or peak demand 33863
reduction capability available to an electric distribution utility 33864
pursuant to division (A)(2)(c) of this section, the electric 33865
utility's baseline under division (A)(2)(a) of this section shall 33866
be adjusted to exclude the effects of all such demand-response, 33867
energy efficiency, including waste energy recovery and combined 33868
heat and power, or peak demand reduction programs that may have 33869
existed during the period used to establish the baseline. The 33870
baseline also shall be normalized for changes in numbers of 33871
customers, sales, weather, peak demand, and other appropriate 33872
factors so that the compliance measurement is not unduly 33873
influenced by factors outside the control of the electric 33874
distribution utility.33875

       (d) Programs implemented by a utility may include 33876
demand-response programs, smart grid investment programs, provided 33877
that such programs are demonstrated to be cost-beneficial, 33878
customer-sited programs, including waste energy recovery and 33879
combined heat and power systems, and transmission and distribution 33880
infrastructure improvements that reduce line losses. Division 33881
(A)(2)(c) of this section shall be applied to include facilitating 33882
efforts by a mercantile customer or group of those customers to 33883
offer customer-sited demand-response, energy efficiency, including 33884
waste energy recovery and combined heat and power, or peak demand 33885
reduction capabilities to the electric distribution utility as 33886
part of a reasonable arrangement submitted to the commission 33887
pursuant to section 4905.31 of the Revised Code.33888

       (e) No programs or improvements described in division 33889
(A)(2)(d) of this section shall conflict with any statewide 33890
building code adopted by the board of building standards.33891

       (B) In accordance with rules it shall adopt, the public 33892
utilities commission shall produce and docket at the commission an 33893
annual report containing the results of its verification of the 33894
annual levels of energy efficiency and of peak demand reductions 33895
achieved by each electric distribution utility pursuant to 33896
division (A) of this section. A copy of the report shall be 33897
provided to the consumers' counsel.33898

       (C) If the commission determines, after notice and 33899
opportunity for hearing and based upon its report under division 33900
(B) of this section, that an electric distribution utility has 33901
failed to comply with an energy efficiency or peak demand 33902
reduction requirement of division (A) of this section, the 33903
commission shall assess a forfeiture on the utility as provided 33904
under sections 4905.55 to 4905.60 and 4905.64 of the Revised Code, 33905
either in the amount, per day per undercompliance or 33906
noncompliance, relative to the period of the report, equal to that 33907
prescribed for noncompliances under section 4905.54 of the Revised 33908
Code, or in an amount equal to the then existing market value of 33909
one renewable energy credit per megawatt hour of undercompliance 33910
or noncompliance. Revenue from any forfeiture assessed under this 33911
division shall be deposited to the credit of the advanced energy 33912
fund created under section 4928.61 of the Revised Code.33913

       (D) The commission may establish rules regarding the content 33914
of an application by an electric distribution utility for 33915
commission approval of a revenue decoupling mechanism under this 33916
division. Such an application shall not be considered an 33917
application to increase rates and may be included as part of a 33918
proposal to establish, continue, or expand energy efficiency or 33919
conservation programs. The commission by order may approve an 33920
application under this division if it determines both that the 33921
revenue decoupling mechanism provides for the recovery of revenue 33922
that otherwise may be forgone by the utility as a result of or in 33923
connection with the implementation by the electric distribution 33924
utility of any energy efficiency or energy conservation programs 33925
and reasonably aligns the interests of the utility and of its 33926
customers in favor of those programs.33927

       (E) The commission additionally shall adopt rules that 33928
require an electric distribution utility to provide a customer 33929
upon request with two years' consumption data in an accessible 33930
form.33931

       Sec. 5104.03.  (A) Any person, firm, organization, 33932
institution, or agency seeking to establish a child day-care 33933
center, type A family day-care home, or licensed type B family 33934
day-care home shall apply for a license to the director of job and 33935
family services on such form as the director prescribes. The 33936
director shall provide at no charge to each applicant for 33937
licensure a copy of the child care license requirements in this 33938
chapter and a copy of the rules adopted pursuant to this chapter. 33939
The copies may be provided in paper or electronic form.33940

       Fees shall be set by the director pursuant to sections 33941
5104.015, 5104.017, and 5104.018 of the Revised Code and shall be 33942
paid at the time of application for a license to operate a center, 33943
type A home, or type B home. Fees collected under this section 33944
shall be paid into the state treasury to the credit of the general 33945
revenue fund.33946

       (B)(1) Upon filing of the application for a license, the 33947
director shall investigate and inspect the center, type A home, or 33948
type B home to determine the license capacity for each age 33949
category of children of the center, type A home, or type B home 33950
and to determine whether the center, type A home, or type B home 33951
complies with this chapter and rules adopted pursuant to this 33952
chapter. When, after investigation and inspection, the director is 33953
satisfied that this chapter and rules adopted pursuant to it are 33954
complied with, subject to division (H) of this section, a license 33955
shall be issued as soon as practicable in such form and manner as 33956
prescribed by the director. The license shall be designated as 33957
provisional and shall be valid for twelve months from the date of 33958
issuance unless revoked.33959

       (2) The director may contract with a government entity or a 33960
private nonprofit entity for the entity to inspect and license33961
type B family day-care homes pursuant to this section. If the 33962
director contracts with a government entity or private nonprofit 33963
entity for that purpose, the entity may contract with another 33964
government entity or private nonprofit entity for the other entity 33965
to inspect type B homes pursuant to this section. The department33966
director, government entity, or private nonprofit entity shall 33967
conduct thean inspection prior to the issuance of a license for 33968
thea type B home and, as part of that inspection, ensure that the 33969
type B home is safe and sanitary.33970

       (C)(1) On receipt of an application for licensure as a type B 33971
family day-care home to provide publicly funded child care, the 33972
departmentdirector shall search the uniform statewide automated 33973
child welfare information system for information concerning any 33974
abuse or neglect report made pursuant to section 2151.421 of the 33975
Revised Code of which the applicant, any other adult residing in 33976
the applicant's home, or a person designated by the applicant to 33977
be an emergency or substitute caregiver for the applicant is the 33978
subject.33979

       (2) The departmentdirector shall consider any information it 33980
discoversdiscovered pursuant to division (C)(1) of this section 33981
or that is provided by a public children services agency pursuant 33982
to section 5153.175 of the Revised Code. If the department33983
director determines that the information, when viewed within the 33984
totality of the circumstances, reasonably leads to the conclusion 33985
that the applicant may directly or indirectly endanger the health, 33986
safety, or welfare of children, the departmentdirector shall deny 33987
the application for licensure or revoke the license of a type B 33988
family day-care home. 33989

        (D) The director shall investigate and inspect the center, 33990
type A home, or type B home at least once during operation under a 33991
license designated as provisional. If after the investigation and 33992
inspection the director determines that the requirements of this 33993
chapter and rules adopted pursuant to this chapter are met, 33994
subject to division (H) of this section, the director shall issue 33995
a new license to the center or home.33996

        (E) Each license shall state the name of the licensee, the 33997
name of the administrator, the address of the center, type A home, 33998
or licensed type B home, and the license capacity for each age 33999
category of children. The license shall include thereon, in 34000
accordance with sections 5104.015, 5104.017, and 5104.018 of the 34001
Revised Code, the toll-free telephone number to be used by persons 34002
suspecting that the center, type A home, or licensed type B home 34003
has violated a provision of this chapter or rules adopted pursuant 34004
to this chapter. A license is valid only for the licensee, 34005
administrator, address, and license capacity for each age category 34006
of children designated on the license. The license capacity 34007
specified on the license is the maximum number of children in each 34008
age category that may be cared for in the center, type A home, or 34009
licensed type B home at one time.34010

       The center or type A home licensee shall notify the director 34011
when the administrator of the center or home changes. The director 34012
shall amend the current license to reflect a change in an 34013
administrator, if the administrator meets the requirements of this 34014
chapter and rules adopted pursuant to this chapter, or a change in 34015
license capacity for any age category of children as determined by 34016
the director of job and family services.34017

       (F) If the director revokes the license of a center, a type A 34018
home, or a type B home, the director shall not issue another 34019
license to the owner of the center, type A home, or type B home 34020
until five years have elapsed from the date the license is 34021
revoked. 34022

        If the director denies an application for a license, the 34023
director shall not accept another application from the applicant 34024
until five years have elapsed from the date the application is 34025
denied.34026

       (G) If during the application for licensure process the 34027
director determines that the license of the owner has been 34028
revoked, the investigation of the center, type A home, or type B 34029
home shall cease. This action does not constitute denial of the 34030
application and may not be appealed under division (H) of this 34031
section. 34032

       (H) All actions of the director with respect to licensing 34033
centers, type A homes, or type B homes, refusal to license, and 34034
revocation of a license shall be in accordance with Chapter 119. 34035
of the Revised Code. Any applicant who is denied a license or any 34036
owner whose license is revoked may appeal in accordance with 34037
section 119.12 of the Revised Code.34038

       (I) In no case shall the director issue a license under this 34039
section for a center, type A home, or type B home if the director, 34040
based on documentation provided by the appropriate county 34041
department of job and family services, determines that the 34042
applicant had been certified as a type B family day-care home when 34043
such certifications were issued by county departments prior to 34044
January 1, 2014, that the county department revoked that 34045
certification within the immediately preceding five years, that 34046
the revocation was based on the applicant's refusal or inability 34047
to comply with the criteria for certification, and that the 34048
refusal or inability resulted in a risk to the health or safety of 34049
children.34050

       (J)(1) Except as provided in division (J)(2) of this section, 34051
an administrator of a type B family day-care home that receives a 34052
license pursuant to this section to provide publicly funded child 34053
care is an independent contractor and is not an employee of the 34054
department of job and family services.34055

       (2) For purposes of Chapter 4141. of the Revised Code, 34056
determinations concerning the employment of an administrator of a 34057
type B family day-care home that receives a license pursuant to 34058
this section shall be determined under Chapter 4141. of the 34059
Revised Code.34060

       Sec. 5122.36. If the legal residence of a person suffering 34061
from mental illness is in another county of the state, the 34062
necessary expense of the person's return is a proper charge 34063
against the county of legal residence. If an adjudication and 34064
order of hospitalization by the probate court of the county of 34065
temporary residence are required, the regular probate court fees 34066
and expenses incident to the order of hospitalization under this 34067
chapter and any other expense incurred on the person's behalf 34068
shall be charged to and paid by the county of the person's legal 34069
residence upon the approval and certification of the probate judge 34070
of that county. The ordering court shall send to the probate court 34071
of the person's county of legal residence a certified transcript 34072
of all proceedings had in the ordering court. The receiving court 34073
shall enter and record the transcript. The certified transcript is 34074
prima facie evidence of the residence of the person. When the 34075
residence of the person cannot be established as represented by 34076
the ordering court, the matter of residence shall be referred to 34077
the department of mental health and addiction services for 34078
investigation and determination.34079

       Sec. 5123.01.  As used in this chapter:34080

       (A) "Chief medical officer" means the licensed physician 34081
appointed by the managing officer of an institution for the 34082
mentally retarded with the approval of the director of 34083
developmental disabilities to provide medical treatment for 34084
residents of the institution.34085

       (B) "Chief program director" means a person with special 34086
training and experience in the diagnosis and management of the 34087
mentally retarded, certified according to division (C) of this 34088
section in at least one of the designated fields, and appointed by 34089
the managing officer of an institution for the mentally retarded 34090
with the approval of the director to provide habilitation and care 34091
for residents of the institution.34092

       (C) "Comprehensive evaluation" means a study, including a 34093
sequence of observations and examinations, of a person leading to 34094
conclusions and recommendations formulated jointly, with 34095
dissenting opinions if any, by a group of persons with special 34096
training and experience in the diagnosis and management of persons 34097
with mental retardation or a developmental disability, which group 34098
shall include individuals who are professionally qualified in the 34099
fields of medicine, psychology, and social work, together with 34100
such other specialists as the individual case may require.34101

       (D) "Education" means the process of formal training and 34102
instruction to facilitate the intellectual and emotional 34103
development of residents.34104

       (E) "Habilitation" means the process by which the staff of 34105
the institution assists the resident in acquiring and maintaining 34106
those life skills that enable the resident to cope more 34107
effectively with the demands of the resident's own person and of 34108
the resident's environment and in raising the level of the 34109
resident's physical, mental, social, and vocational efficiency. 34110
Habilitation includes but is not limited to programs of formal, 34111
structured education and training.34112

       (F) "Health officer" means any public health physician, 34113
public health nurse, or other person authorized or designated by a 34114
city or general health district.34115

       (G) "Home and community-based services" means medicaid-funded 34116
home and community-based services specified in division (A)(1) of 34117
section 5166.20 of the Revised Code provided under the medicaid 34118
waiver components the department of developmental disabilities 34119
administers pursuant to section 5166.21 of the Revised Code. 34120
Except as provided in section 5123.0412 of the Revised Code, home 34121
and community-based services provided under the medicaid waiver 34122
component known as the transitions developmental disabilities 34123
waiver are to be considered to be home and community-based 34124
services for the purposes of this chapter, and Chapters 5124. and 34125
5126. of the Revised Code, only to the extent, if any, provided by 34126
the contract required by section 5166.21 of the Revised Code 34127
regarding the waiver.34128

       (H) "ICF/IID" has the same meaning as in section 5124.01 of 34129
the Revised Code.34130

       (I) "Indigent person" means a person who is unable, without 34131
substantial financial hardship, to provide for the payment of an 34132
attorney and for other necessary expenses of legal representation, 34133
including expert testimony.34134

       (J) "Institution" means a public or private facility, or a 34135
part of a public or private facility, that is licensed by the 34136
appropriate state department and is equipped to provide 34137
residential habilitation, care, and treatment for the mentally 34138
retarded.34139

       (K) "Licensed physician" means a person who holds a valid 34140
certificate issued under Chapter 4731. of the Revised Code 34141
authorizing the person to practice medicine and surgery or 34142
osteopathic medicine and surgery, or a medical officer of the 34143
government of the United States while in the performance of the 34144
officer's official duties.34145

       (L) "Managing officer" means a person who is appointed by the 34146
director of developmental disabilities to be in executive control 34147
of an institution for the mentally retarded under the jurisdiction 34148
of the department.34149

       (M) "Medicaid case management services" means case management 34150
services provided to an individual with mental retardation or 34151
other developmental disability that the state medicaid plan 34152
requires.34153

       (N) "Mentally retarded person" means a person having 34154
significantly subaverage general intellectual functioning existing 34155
concurrently with deficiencies in adaptive behavior, manifested 34156
during the developmental period.34157

       (O) "Mentally retarded person subject to institutionalization 34158
by court order" means a person eighteen years of age or older who 34159
is at least moderately mentally retarded and in relation to whom, 34160
because of the person's retardation, either of the following 34161
conditions exist:34162

       (1) The person represents a very substantial risk of physical 34163
impairment or injury to self as manifested by evidence that the 34164
person is unable to provide for and is not providing for the 34165
person's most basic physical needs and that provision for those 34166
needs is not available in the community;34167

       (2) The person needs and is susceptible to significant 34168
habilitation in an institution.34169

       (P) "A person who is at least moderately mentally retarded" 34170
means a person who is found, following a comprehensive evaluation, 34171
to be impaired in adaptive behavior to a moderate degree and to be 34172
functioning at the moderate level of intellectual functioning in 34173
accordance with standard measurements as recorded in the most 34174
current revision of the manual of terminology and classification 34175
in mental retardation published by the American association on 34176
mental retardation.34177

       (Q) As used in this division, "substantial functional 34178
limitation," "developmental delay," and "established risk" have34179
has the meaningsmeaning established pursuant to section 5123.011 34180
of the Revised Code.34181

       "Developmental disability" means a severe, chronic disability 34182
that is characterized by all of the following:34183

       (1) It is attributable to a mental or physical impairment or 34184
a combination of mental and physical impairments, other than a 34185
mental or physical impairment solely caused by mental illness as 34186
defined in division (A) of section 5122.01 of the Revised Code.34187

       (2) It is manifested before age twenty-two.34188

       (3) It is likely to continue indefinitely.34189

       (4) It results in one of the following:34190

       (a) In the case of a person under three years of age, at 34191
least one developmental delay or an established riska diagnosed 34192
physical or mental condition that has a high probability of 34193
resulting in a developmental delay;34194

       (b) In the case of a person at least three years of age but 34195
under six years of age, at least two developmental delays or an 34196
established risk;34197

       (c) In the case of a person six years of age or older, a 34198
substantial functional limitation in at least three of the 34199
following areas of major life activity, as appropriate for the 34200
person's age: self-care, receptive and expressive language, 34201
learning, mobility, self-direction, capacity for independent 34202
living, and, if the person is at least sixteen years of age, 34203
capacity for economic self-sufficiency.34204

       (5) It causes the person to need a combination and sequence 34205
of special, interdisciplinary, or other type of care, treatment, 34206
or provision of services for an extended period of time that is 34207
individually planned and coordinated for the person.34208

       (R) "Developmentally disabled person" means a person with a 34209
developmental disability.34210

       (S) "State institution" means an institution that is 34211
tax-supported and under the jurisdiction of the department.34212

       (T) "Residence" and "legal residence" have the same meaning 34213
as "legal settlement," which is acquired by residing in Ohio for a 34214
period of one year without receiving general assistance prior to 34215
July 17, 1995, under former Chapter 5113. of the Revised Code, 34216
financial assistance under Chapter 5115. of the Revised Code, or 34217
assistance from a private agency that maintains records of 34218
assistance given. A person having a legal settlement in the state 34219
shall be considered as having legal settlement in the assistance 34220
area in which the person resides. No adult person coming into this 34221
state and having a spouse or minor children residing in another 34222
state shall obtain a legal settlement in this state as long as the 34223
spouse or minor children are receiving public assistance, care, or 34224
support at the expense of the other state or its subdivisions. For 34225
the purpose of determining the legal settlement of a person who is 34226
living in a public or private institution or in a home subject to 34227
licensing by the department of job and family services, the 34228
department of mental health and addiction services, or the 34229
department of developmental disabilities, the residence of the 34230
person shall be considered as though the person were residing in 34231
the county in which the person was living prior to the person's 34232
entrance into the institution or home. Settlement once acquired 34233
shall continue until a person has been continuously absent from 34234
Ohio for a period of one year or has acquired a legal residence in 34235
another state. A woman who marries a man with legal settlement in 34236
any county immediately acquires the settlement of her husband. The 34237
legal settlement of a minor is that of the parents, surviving 34238
parent, sole parent, parent who is designated the residential 34239
parent and legal custodian by a court, other adult having 34240
permanent custody awarded by a court, or guardian of the person of 34241
the minor, provided that:34242

       (1) A minor female who marries shall be considered to have 34243
the legal settlement of her husband and, in the case of death of 34244
her husband or divorce, she shall not thereby lose her legal 34245
settlement obtained by the marriage.34246

       (2) A minor male who marries, establishes a home, and who has 34247
resided in this state for one year without receiving general 34248
assistance prior to July 17, 1995, under former Chapter 5113. of 34249
the Revised Code, financial assistance under Chapter 5115. of the 34250
Revised Code, or assistance from a private agency that maintains 34251
records of assistance given shall be considered to have obtained a 34252
legal settlement in this state.34253

       (3) The legal settlement of a child under eighteen years of 34254
age who is in the care or custody of a public or private child 34255
caring agency shall not change if the legal settlement of the 34256
parent changes until after the child has been in the home of the 34257
parent for a period of one year.34258

       No person, adult or minor, may establish a legal settlement 34259
in this state for the purpose of gaining admission to any state 34260
institution.34261

       (U)(1) "Resident" means, subject to division (U)(2) of this 34262
section, a person who is admitted either voluntarily or 34263
involuntarily to an institution or other facility pursuant to 34264
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised 34265
Code subsequent to a finding of not guilty by reason of insanity 34266
or incompetence to stand trial or under this chapter who is under 34267
observation or receiving habilitation and care in an institution.34268

       (2) "Resident" does not include a person admitted to an 34269
institution or other facility under section 2945.39, 2945.40, 34270
2945.401, or 2945.402 of the Revised Code to the extent that the 34271
reference in this chapter to resident, or the context in which the 34272
reference occurs, is in conflict with any provision of sections 34273
2945.37 to 2945.402 of the Revised Code.34274

       (V) "Respondent" means the person whose detention, 34275
commitment, or continued commitment is being sought in any 34276
proceeding under this chapter.34277

       (W) "Working day" and "court day" mean Monday, Tuesday, 34278
Wednesday, Thursday, and Friday, except when such day is a legal 34279
holiday.34280

       (X) "Prosecutor" means the prosecuting attorney, village 34281
solicitor, city director of law, or similar chief legal officer 34282
who prosecuted a criminal case in which a person was found not 34283
guilty by reason of insanity, who would have had the authority to 34284
prosecute a criminal case against a person if the person had not 34285
been found incompetent to stand trial, or who prosecuted a case in 34286
which a person was found guilty.34287

       (Y) "Court" means the probate division of the court of common 34288
pleas.34289

       (Z) "Supported living" and "residential services" have the 34290
same meanings as in section 5126.01 of the Revised Code.34291

       Sec. 5123.011. The director of developmental disabilities 34292
shall adopt rules in accordance with Chapter 119. of the Revised 34293
Code that establish definitions of "substantial functional 34294
limitation,"to do both of the following:34295

       (A) Define "developmental delay," "established risk," 34296
"biological risk," and "environmental risk.";34297

       (B) For the purpose of division (Q)(4)(c) of section 5123.01 34298
and division (F)(4)(c) of section 5126.01 of the Revised Code, 34299
specify how to determine whether a person six years of age or 34300
older has a substantial functional limitation in a major life 34301
activity as appropriate for the person's age.34302

       Sec. 5123.012.  (A) As used in this section:34303

       (1) "Biological risk" and "environmental risk" have the 34304
meanings established pursuant to section 5123.011 of the Revised 34305
Code.34306

       (2) "Preschool, "preschool child with a disability" has the 34307
same meaning as in section 3323.01 of the Revised Code.34308

       (B) Except as provided in division (C) of this section, the 34309
department of developmental disabilities shall make eligibility 34310
determinations in accordance with the definition of "developmental 34311
disability" in section 5123.01 of the Revised Code. The department 34312
may adopt rules in accordance with Chapter 119. of the Revised 34313
Code establishing eligibility for programs and services for either 34314
of the following:34315

       (1) Individuals under age six who have a biological risk or 34316
environmental risk of a developmental delay;34317

       (2) Anyany preschool child with a disability eligible for 34318
services under section 3323.02 of the Revised Code whose 34319
disability is not attributable solely to mental illness as defined 34320
in section 5122.01 of the Revised Code.34321

       (C)(1) The department shall make determinations of 34322
eligibility for protective services in accordance with sections 34323
5123.55 to 5123.59 of the Revised Code.34324

       (2) Determinations of whether a mentally retarded person is 34325
subject to institutionalization by court order shall be made in 34326
accordance with sections 5123.71 to 5123.76 of the Revised Code 34327
and shall be based on the definition of "mentally retarded person 34328
subject to institutionalization by court order" in section 5123.01 34329
of the Revised Code.34330

       (3) All persons who were eligible for services and enrolled 34331
in programs offered by the department of developmental 34332
disabilities pursuant to this chapter on July 1, 1991, shall 34333
continue to be eligible for those services and to be enrolled in 34334
those programs as long as they are in need of services.34335

       Sec. 5123.0420.  As used in this section, "evidence-based 34336
intervention" means a prevention or treatment service that has 34337
been demonstrated through scientific evaluation to produce a 34338
positive outcome.34339

       The department of developmental disabilities shall establish 34340
a voluntary training and certification program for individuals who 34341
provide evidence-based interventions to individuals with an autism 34342
spectrum disorder. The department shall administer the program or 34343
contract with a person or other government entity to administer 34344
the program. The program shall not conflict with or duplicate any 34345
other certification or licensure process administered by the 34346
state.34347

       The director of developmental disabilities may adopt rules as 34348
necessary to implement this section. If the director adopts rules, 34349
the rules shall be adopted in accordance with Chapter 119. of the 34350
Revised Code.34351

       Sec. 5123.081.  (A) As used in this section:34352

       (1)(a) "Applicant" means any of the following:34353

       (i) A person who is under final consideration for appointment 34354
to or employment withhiring by the department of developmental 34355
disabilities or a county board of developmental disabilities;34356

       (ii) A person who is being transferred to the department or a 34357
county board;34358

       (iii) An employee who is being recalled to or reemployed by 34359
the department or a county board after a layoff;34360

        (iv) A person under final consideration for a direct services 34361
position with a provider or subcontractor.34362

        (b) Neither of the following is an applicant:34363

        (i) A person who is employed by a responsible entity in a 34364
position for which a criminal records check is required by this 34365
section and either is being considered for a different position 34366
with the responsible entity or is returning after a leave of 34367
absence or seasonal break in employment, unless the responsible 34368
entity has reason to believe that the person has committed a 34369
disqualifying offense;34370

        (ii) A person who is to provide only respite care under a 34371
family support services program established under section 5126.11 34372
of the Revised Code if a family member of the individual with 34373
mental retardation or a developmental disability who is to receive 34374
the respite care selects the person.34375

       (2) "Criminal records check" has the same meaning as in 34376
section 109.572 of the Revised Code.34377

       (3) "Direct services position" means an employment position 34378
in which the employee has the opportunity to be alone with or 34379
exercises supervision or control over one or more individuals with 34380
mental retardation or a developmental disability.34381

        (4) "Disqualifying offense" means any of the offenses listed 34382
or described in divisions (A)(3)(a) to (e) of section 109.572 of 34383
the Revised Code.34384

        (5)(a) "Employee" means either of the following:34385

        (i) A person appointed to or employed by the department of 34386
developmental disabilities or a county board of developmental 34387
disabilities;34388

        (ii) A person employed in a direct services position by a 34389
provider or subcontractor.34390

        (b) "Employee" does not mean a person who provides only 34391
respite care under a family support services program established 34392
under section 5126.11 of the Revised Code if a family member of 34393
the individual with mental retardation or a developmental 34394
disability who receives the respite care selected the person.34395

        (6) "Minor drug possession offense" has the same meaning as 34396
in section 2925.01 of the Revised Code.34397

       (7) "Provider" means a person that provides specialized 34398
services to individuals with mental retardation or a developmental 34399
disability and employs one or more persons in direct services 34400
positions.34401

        (8) "Responsible entity" means the following:34402

        (a) The department of developmental disabilities in the case 34403
of either of the following:34404

        (i) A person who is an applicant because the department is 34405
giving the person is under final consideration for appointment to 34406
or employment withbeing hired by the department, the person is34407
being transferred to the department, or the person is being 34408
recalled to or reemployed by the department after a layoff;34409

        (ii) A person who is an employee because the person is 34410
appointed to or employed by the department.34411

        (b) A county board of developmental disabilities in the case 34412
of either of the following:34413

        (i) A person who is an applicant because the county board is 34414
giving the person is under final consideration for appointment to 34415
or employment withbeing hired by the county board, the person is34416
being transferred to the county board, or the person is being 34417
recalled to or reemployed by the county board after a layoff;34418

        (ii) A person who is an employee because the person is 34419
appointed to or employed by the county board.34420

        (c) A provider in the case of either of the following:34421

        (i) A person who is an applicant because the provider is 34422
giving the person is under final consideration for being hired 34423
into a direct services position with the provider;34424

        (ii) A person who is an employee because the provider employs 34425
the person is employed in a direct services position by the 34426
provider.34427

       (d) A subcontractor in the case of either of the following:34428

       (i) A person who is an applicant because the subcontractor is 34429
giving the person is under final consideration for being hired 34430
into a direct services position with the subcontractor;34431

       (ii) A person who is an employee because the subcontractor 34432
employs the person is employed in a direct services position by 34433
the subcontractor.34434

        (9) "Specialized services" means any program or service 34435
designed and operated to serve primarily individuals with mental 34436
retardation or a developmental disability, including a program or 34437
service provided by an entity licensed or certified by the 34438
department of developmental disabilities. If there is a question 34439
as to whether a provider or subcontractor is providing specialized 34440
services, the provider or subcontractor may request that the 34441
director of developmental disabilities make a determination. The 34442
director's determination is final.34443

       (10) "Subcontractor" means a person to which both of the 34444
following apply:34445

       (a) The person has either of the following:34446

       (i) A subcontract with a provider to provide specialized 34447
services included in the contract between the provider and the 34448
department of developmental disabilities or a county board of 34449
developmental disabilities;34450

       (ii) A subcontract with another subcontractor to provide 34451
specialized services included in a subcontract between the other 34452
subcontractor and a provider or other subcontractor.34453

       (b) The person employs one or more persons in direct services 34454
positions.34455

       (B) A responsible entity shall not employhire an applicant 34456
or continue to employretain an employee if either of the 34457
following applies:34458

        (1) The applicant or employee fails to comply with division 34459
(D)(3) of this section.34460

        (2) Except as provided in rules adopted under this section, 34461
the applicant or employee is found by a criminal records check 34462
required by this section to have been convicted of,or pleaded 34463
guilty to, or been found eligible for intervention in lieu of 34464
conviction for a disqualifying offense.34465

        (C) Before employinghiring an applicant ininto a position 34466
for which a criminal records check is required by this section, a 34467
responsible entity shall require the applicant to submit a 34468
statement with the applicant's signature attesting that the 34469
applicant has not been convicted of,or pleaded guilty to, or been 34470
found eligible for intervention in lieu of conviction for a 34471
disqualifying offense. The responsible entity also shall require 34472
the applicant to sign an agreement under which the applicant 34473
agrees to notify the responsible entity within fourteen calendar 34474
days if, after being hired and while employed by the responsible 34475
entity, the applicant is formally charged with, is convicted of, 34476
or pleads guilty to, or is found eligible for intervention in lieu 34477
of conviction for a disqualifying offense. The agreement shall 34478
provide that the applicant's failure to provide the notification 34479
may result in termination of the applicant's employment.34480

        (D)(1) As a condition of employingfor hiring any applicant 34481
ininto a position for which a criminal records check is required 34482
by this section, a responsible entity shall request the 34483
superintendent of the bureau of criminal identification and 34484
investigation to conduct a criminal records check of the 34485
applicant. If rules adopted under this section require an employee 34486
to undergo a criminal records check, a responsible entity shall 34487
request the superintendent to conduct a criminal records check of 34488
the employee at times specified in the rules as a condition of the 34489
responsible entity's continuing to employretaining the employee 34490
in a position for which a criminal records check is required by 34491
this section. If an applicant or employee does not present proof 34492
that the applicant or employee has been a resident of this state 34493
for the five-year period immediately prior to the date upon which 34494
the criminal records check is requested, the responsible entity 34495
shall request that the superintendent obtain information from the 34496
federal bureau of investigation as a part of the criminal records 34497
check. If the applicant or employee presents proof that the 34498
applicant or employee has been a resident of this state for that 34499
five-year period, the responsible entity may request that the 34500
superintendent include information from the federal bureau of 34501
investigation in the criminal records check. For purposes of this 34502
division, an applicant or employee may provide proof of residency 34503
in this state by presenting, with a notarized statement asserting 34504
that the applicant or employee has been a resident of this state 34505
for that five-year period, a valid driver's license, notification 34506
of registration as an elector, a copy of an officially filed 34507
federal or state tax form identifying the applicant's or 34508
employee's permanent residence, or any other document the 34509
responsible entity considers acceptable.34510

        (2) A responsible entity shall do all of the following:34511

       (a) Provide to each applicant and employee for whom a 34512
criminal records check is required by this section a copy of the 34513
form prescribed pursuant to division (C)(1) of section 109.572 of 34514
the Revised Code and a standard impression sheet to obtain 34515
fingerprint impressions prescribed pursuant to division (C)(2) of 34516
section 109.572 of the Revised Code;34517

       (b) Obtain the completed form and standard impression sheet 34518
from the applicant or employee;34519

       (c) Forward the completed form and standard impression sheet 34520
to the superintendent at the time the criminal records check is 34521
requested.34522

       (3) Any applicant or employee who receives pursuant to this 34523
division a copy of the form prescribed pursuant to division (C)(1) 34524
of section 109.572 of the Revised Code and a copy of the standard 34525
impression sheet prescribed pursuant to division (C)(2) of that 34526
section and who is requested to complete the form and provide a 34527
set of the applicant's or employee's fingerprint impressions shall 34528
complete the form or provide all the information necessary to 34529
complete the form and shall provide the standard impression sheet 34530
with the impressions of the applicant's or employee's 34531
fingerprints. 34532

        (4) A responsible entity shall pay to the bureau of criminal 34533
identification and investigation the fee prescribed pursuant to 34534
division (C)(3) of section 109.572 of the Revised Code for each 34535
criminal records check requested and conducted pursuant to this 34536
section.34537

        (E) A responsible entity may request any other state or 34538
federal agency to supply the responsible entity with a written 34539
report regarding the criminal record of an applicant or employee. 34540
If an employee holds an occupational or professional license or 34541
other credentials, the responsible entity may request that the 34542
state or federal agency that regulates the employee's occupation 34543
or profession supply the responsible entity with a written report 34544
of any information pertaining to the employee's criminal record 34545
that the agency obtains in the course of conducting an 34546
investigation or in the process of renewing the employee's license 34547
or other credentials. The responsible entity may consider the 34548
reports when determining whether to employ the applicant or to 34549
continue to employ the employee.34550

       (F) As a condition of employinghiring an applicant ininto a 34551
position for which a criminal records check is required by this 34552
section and that involves transporting individuals with mental 34553
retardation or developmental disabilities or operating a 34554
responsible entity's vehicles for any purpose, the responsible 34555
entity shall obtain the applicant's driving record from the bureau 34556
of motor vehicles. If rules adopted under this section require a 34557
responsible entity to obtain an employee's driving record, the 34558
responsible entity shall obtain the employee's driving record from 34559
the bureau at times specified in the rules as a condition of 34560
continuing to employ the employee. The responsible entity may 34561
consider the applicant's or employee's driving record when 34562
determining whether to employ the applicant or to continue to 34563
employ the employee. 34564

       (G) A responsible entity may employ an applicant34565
conditionally hire an applicant pending receipt of a report 34566
regarding the applicant requested under this section. The 34567
responsible entity shall terminate the applicant's employment34568
remove the conditionally hired applicant from any job duties that 34569
require a report under this section if it is determined from a 34570
report that the applicant failed to inform the responsible entity 34571
that the applicant had been convicted of,or pleaded guilty to, or 34572
been found eligible for intervention in lieu of conviction for a 34573
disqualifying offense.34574

       (H) A responsible entity may charge an applicant a fee for 34575
costs the responsible entity incurs in obtaining a report 34576
regarding the applicant under this section if the responsible 34577
entity notifies the applicant of the amount of the fee at the time 34578
of the applicant's initial application for employmenthiring into 34579
the position in question and that, unless the fee is paid, the 34580
responsible entity will not consider the applicant for employment34581
the hiring. The fee shall not exceed the amount of the fee, if 34582
any, the responsible entity pays for the report.34583

        (I)(1) Any report obtained pursuant to this section is not a 34584
public record for purposes of section 149.43 of the Revised Code 34585
and shall not be made available to any person, other than the 34586
following:34587

       (a) The applicant or employee who is the subject of the 34588
report or the applicant's or employee's representative;34589

       (b) The responsible entity that requested the report or its 34590
representative;34591

        (c) The department if a county board, provider, or 34592
subcontractor is the responsible entity that requested the report 34593
and the department requests the responsible entity to provide a 34594
copy of the report to the department;34595

        (d) A county board if a provider or subcontractor is the 34596
responsible entity that requested the report and the county board 34597
requests the responsible entity to provide a copy of the report to 34598
the county board;34599

        (e) Any court, hearing officer, or other necessary individual 34600
involved in a case dealing with any of the following:34601

       (i) The denial of employment tohiring of the applicant or of 34602
retention of the employee;34603

       (ii) The denial, suspension, or revocation of a certificate 34604
under section 5123.166 or 5123.45 of the Revised Code;34605

       (iii) A civil or criminal action regarding the medicaid 34606
program or a program the department administers.34607

       (2) An applicant or employee for whom the responsible entity 34608
has obtained reports under this section may submit a written 34609
request to the responsible entity to have copies of the reports 34610
sent to any state agency, entity of local government, or private 34611
entity. The applicant or employee shall specify in the request the 34612
agencies or entities to which the copies are to be sent. On 34613
receiving the request, the responsible entity shall send copies of 34614
the reports to the agencies or entities specified.34615

        (3) A responsible entity may request that a state agency, 34616
entity of local government, or private entity send copies to the 34617
responsible entity of any report regarding a records check or 34618
criminal records check that the agency or entity possesses, if the 34619
responsible entity obtains the written consent of the individual 34620
who is the subject of the report.34621

        (4) A responsible entity shall provide each applicant and 34622
employee with a copy of any report obtained about the applicant or 34623
employee under this section.34624

       (J) The director of developmental disabilities shall adopt 34625
rules in accordance with Chapter 119. of the Revised Code to 34626
implement this section.34627

        (1) The rules may do the following:34628

        (a) Require employees to undergo criminal records checks 34629
under this section;34630

        (b) Require responsible entities to obtain the driving 34631
records of employees under this section;34632

        (c) If the rules require employees to undergo criminal 34633
records checks, require responsible entities to obtain the driving 34634
records of employees, or both, exempt one or more classes of 34635
employees from the requirements.34636

        (2) The rules shall do both of the following:34637

        (a) If the rules require employees to undergo criminal 34638
records checks, require responsible entities to obtain the driving 34639
records of employees, or both, specify the times at which the 34640
criminal records checks are to be conducted and the driving 34641
records are to be obtained;34642

        (b) Specify circumstances under which a responsible entity 34643
may employhire an applicant or retain an employee who is found by 34644
a criminal records check required by this section to have been 34645
convicted of,or pleaded guilty to, or been found eligible for 34646
intervention in lieu of conviction for a disqualifying offense but 34647
meets standards in regard to rehabilitation set by the director.34648

       Sec. 5123.16.  (A) As used in sections 5123.16 to 5123.1610 34649
of the Revised Code:34650

       (1) "Applicant" means any of the following:34651

       (a) The chief executive officer of a business that applies 34652
under section 5123.161 of the Revised Code for a certificate to 34653
provide supported living;34654

       (b) The chief executive officer of a business that seeks 34655
renewal of the business's supported living certificate under 34656
section 5123.164 of the Revised Code;34657

       (c) An individual who applies under section 5123.161 of the 34658
Revised Code for a certificate to provide supported living as an 34659
independent provider;34660

       (d) An independent provider who seeks renewal of the 34661
independent provider's supported living certificate under section 34662
5123.164 of the Revised Code.34663

       (2)(a) "Business" means either of the following:34664

       (i) Anan association, corporation, nonprofit organization, 34665
partnership, trust, or other group of persons;34666

       (ii) An individual who employs, directly or through contract, 34667
one or more other individuals to provide supported living.34668

       (b). "Business" does not mean an independent provider.34669

       (3) "Criminal records check" has the same meaning as in 34670
section 109.572 of the Revised Code.34671

       (4) "Disqualifying offense" means any of the offenses listed 34672
or described in divisions (A)(3)(a) to (e) of section 109.572 of 34673
the Revised Code.34674

       (5) "Independent provider" means a provider who provides 34675
supported living on a self-employed basis and does not employ, 34676
directly or through contract, another individualperson to provide 34677
the supported living.34678

       (6) "Provider" means a person or government entity certified 34679
by the director of developmental disabilities to provide supported 34680
living. For the purpose of division (A)(8) of this section, 34681
"provider" includes a person or government entity that seeks or 34682
previously held a certificate to provide supported living.34683

       (7) "Minor drug possession offense" has the same meaning as 34684
in section 2925.01 of the Revised Code.34685

       (8) "Related party" means any of the following:34686

       (a) In the case of a provider who is an individual, any of 34687
the following:34688

       (i) The spouse of the provider;34689

       (ii) A parent or stepparent of the provider or provider's 34690
spouse;34691

       (iii) A child of the provider or provider's spouse;34692

       (iv) A sibling, half sibling, or stepsibling of the provider 34693
or provider's spouse;34694

       (v) A grandparent of the provider or provider's spouse;34695

       (vi) A grandchild of the provider or provider's spouse;34696

       (vii) An employee or employer of the provider or provider's 34697
spouse.34698

       (b) In the case of a provider that is a person other than an 34699
individual, any of the following:34700

       (i) An employee of the personAny person or government entity 34701
that directly or indirectly controls the provider's day-to-day 34702
operations (including as a general manager, business manager, 34703
financial manager, administrator, or director), regardless of 34704
whether the person or government entity exercises the control 34705
pursuant to a contract or other arrangement and regardless of 34706
whether the person or government entity is required to file an 34707
Internal Revenue Code form W-2 for the provider;34708

       (ii) An officer of the provider, including the chief 34709
executive officer, president, vice-president, secretary, and 34710
treasurer;34711

       (iii) A member of the provider's board of directors or 34712
trustees;34713

       (iv) A person owning a financial interest of five per cent or 34714
more in the provider, including a direct, indirect, security, or 34715
mortgage financial interest;34716

       (v) A corporation that has a subsidiary relationship with the 34717
provider;34718

       (vi) A person or government entity that has control over the 34719
provider's day-to-day operation;34720

       (vii)The spouse, parent, stepparent, child, sibling, half 34721
sibling, stepsibling, grandparent, or grandchild of any of the 34722
persons specified in divisions (A)(8)(b)(i) to (iv) of this 34723
section;34724

       (vi) A person over which the provider has control of the 34725
day-to-day operation;34726

       (vii) A corporation that has a subsidiary relationship with 34727
the provider.34728

       (c) In the case of a provider that is a government entity, 34729
any of the following:34730

       (i) An employee of the providerAny person or government 34731
entity that directly or indirectly controls the provider's 34732
day-to-day operations (including as a general manager, financial 34733
manager, administrator, or director), regardless of whether the 34734
person or government entity exercises the control pursuant to a 34735
contract or other arrangement;34736

       (ii) An officer of the provider;34737

       (iii) A member of the provider's governing board;34738

       (iv) A government entity that has control over the provider's 34739
day-to-day operation;34740

       (v) A person or government entity over which the provider has 34741
control of the day-to-day operation.34742

       (B) No person or government entity may provide supported 34743
living without a valid supported living certificate issued by the 34744
director of developmental disabilities.34745

       (C) A county board of developmental disabilities may provide 34746
supported living only to the extent permitted by rules adopted 34747
under section 5123.1610 of the Revised Code.34748

       Sec. 5123.162. (A) The director of developmental 34749
disabilities may conduct surveys of persons and government 34750
entities that seek a supported living certificate to determine 34751
whether the persons and government entities meet the certification 34752
standards. The director may also conduct surveys of providers to 34753
determine whether the providers continue to meet the certification 34754
standards. The director shall conduct the surveys in accordance 34755
with rules adopted under section 5123.1610 of the Revised Code.34756

       (B) Following each survey of a provider, the director shall 34757
issue a report listing the date of the survey and any citations 34758
issued as a result of the survey. Except when the director 34759
initiates a proceeding to revoke a provider's certification, the 34760
director shall do all of the following:34761

       (1) Specify a date by which the provider may appeal any of 34762
the citations;34763

        (2) Specify a timetable within which the provider must submit 34764
a plan of correction describing how the problems specified in the 34765
citations will be corrected;34766

        (3) When appropriate, specify a timetable within which the 34767
provider must correct the problems specified in the citations.34768

        (C) If the director initiates a proceeding to revoke a 34769
provider's certification, the director shall include the report 34770
required by division (B) of this section with the notice of the 34771
proposed revocation the director sends the provider. In this 34772
circumstance, the provider may not appeal the citations or submit 34773
a plan of correction.34774

       (D) After a plan of correction is submitted, the director 34775
shall approve or disapprove the plan. If the plan of correction is 34776
approved, a copy of the approved plan shall be provided, not later 34777
than five business days after it is approved, to any person or 34778
government entity that requests it and made available on the 34779
internet web site maintained by the department of developmental 34780
disabilities. If the plan of correction is not approved and the 34781
director initiates a proceeding to revoke the provider's 34782
certification, a copy of the survey report shall be provided to 34783
any person or government entity that requests it and made 34784
available on the internet web site maintained by the department.34785

       The(E) In addition to survey reports described in this 34786
section, all other records ofassociated with surveys conducted 34787
under this section are public records for the purpose of section 34788
149.43 of the Revised Code and shall be made available on the 34789
request of any person or government entity.34790

       Sec. 5123.169.  (A) The director of developmental 34791
disabilities shall not issue a supported living certificate to an 34792
applicant or renew an applicant's supported living certificate if 34793
either of the following applies:34794

       (1) The applicant fails to comply with division (C)(2) of 34795
this section;34796

       (2) Except as provided in rules adopted under section 34797
5123.1610 of the Revised Code, the applicant is found by a 34798
criminal records check required by this section to have been 34799
convicted of,or pleaded guilty to, or been found eligible for 34800
intervention in lieu of conviction for a disqualifying offense.34801

       (B) Before issuing a supported living certificate to an 34802
applicant or renewing an applicant's supported living certificate, 34803
the director shall require the applicant to submit a statement 34804
with the applicant's signature attesting that the applicant has 34805
not been convicted of,or pleaded guilty to, or been found 34806
eligible for intervention in lieu of conviction for a 34807
disqualifying offense. The director also shall require the 34808
applicant to sign an agreement under which the applicant agrees to 34809
notify the director within fourteen calendar days if, while 34810
holding a supported living certificate, the applicant is formally 34811
charged with, is convicted of, or pleads guilty to, or is found 34812
eligible for intervention in lieu of conviction for a 34813
disqualifying offense. The agreement shall provide that the 34814
applicant's failure to provide the notification may result in 34815
action being taken by the director against the applicant under 34816
section 5123.166 of the Revised Code.34817

       (C)(1) As a condition of receiving a supported living 34818
certificate or having a supported living certificate renewed, an 34819
applicant shall request the superintendent of the bureau of 34820
criminal identification and investigation to conduct a criminal 34821
records check of the applicant. If an applicant does not present 34822
proof to the director that the applicant has been a resident of 34823
this state for the five-year period immediately prior to the date 34824
that the applicant applies for issuance or renewal of the 34825
supported living certificate, the director shall require the 34826
applicant to request that the superintendent obtain information 34827
from the federal bureau of investigation as a part of the criminal 34828
records check. If the applicant presents proof to the director 34829
that the applicant has been a resident of this state for that 34830
five-year period, the director may require the applicant to 34831
request that the superintendent include information from the 34832
federal bureau of investigation in the criminal records check. For 34833
purposes of this division, an applicant may provide proof of 34834
residency in this state by presenting, with a notarized statement 34835
asserting that the applicant has been a resident of this state for 34836
that five-year period, a valid driver's license, notification of 34837
registration as an elector, a copy of an officially filed federal 34838
or state tax form identifying the applicant's permanent residence, 34839
or any other document the director considers acceptable.34840

       (2) Each applicant shall do all of the following:34841

       (a) Obtain a copy of the form prescribed pursuant to division 34842
(C)(1) of section 109.572 of the Revised Code and a standard 34843
impression sheet prescribed pursuant to division (C)(2) of section 34844
109.572 of the Revised Code;34845

       (b) Complete the form and provide the applicant's fingerprint 34846
impressions on the standard impression sheet;34847

       (c) Forward the completed form and standard impression sheet 34848
to the superintendent at the time the criminal records check is 34849
requested;34850

       (d) Instruct the superintendent to submit the completed 34851
report of the criminal records check directly to the director;34852

       (e) Pay to the bureau of criminal identification and 34853
investigation the fee prescribed pursuant to division (C)(3) of 34854
section 109.572 of the Revised Code for each criminal records 34855
check of the applicant requested and conducted pursuant to this 34856
section.34857

       (D) The director may request any other state or federal 34858
agency to supply the director with a written report regarding the 34859
criminal record of an applicant. The director may consider the 34860
reports when determining whether to issue a supported living 34861
certificate to the applicant or to renew an applicant's supported 34862
living certificate.34863

       (E) An applicant who seeks to be an independent provider or 34864
is an independent provider seeking renewal of the applicant's 34865
supported living certificate shall obtain the applicant's driving 34866
record from the bureau of motor vehicles and provide a copy of the 34867
record to the director if the supported living that the applicant 34868
will provide involves transporting individuals with mental 34869
retardation or developmental disabilities. The director may 34870
consider the applicant's driving record when determining whether 34871
to issue the applicant a supported living certificate or to renew 34872
the applicant's supported living certificate.34873

       (F)(1) A report obtained pursuant to this section is not a 34874
public record for purposes of section 149.43 of the Revised Code 34875
and shall not be made available to any person, other than the 34876
following:34877

       (a) The applicant who is the subject of the report or the 34878
applicant's representative;34879

       (b) The director or the director's representative;34880

       (c) Any court, hearing officer, or other necessary individual 34881
involved in a case dealing with any of the following:34882

       (i) The denial of a supported living certificate or refusal 34883
to renew a supported living certificate;34884

       (ii) The denial, suspension, or revocation of a certificate 34885
under section 5123.45 of the Revised Code;34886

       (iii) A civil or criminal action regarding the medicaid 34887
program.34888

       (2) An applicant for whom the director has obtained reports 34889
under this section may submit a written request to the director to 34890
have copies of the reports sent to any person or state or local 34891
government entity. The applicant shall specify in the request the 34892
person or entities to which the copies are to be sent. On 34893
receiving the request, the director shall send copies of the 34894
reports to the persons or entities specified.34895

       (3) The director may request that a person or state or local 34896
government entity send copies to the director of any report 34897
regarding a records check or criminal records check that the 34898
person or entity possesses, if the director obtains the written 34899
consent of the individual who is the subject of the report.34900

       (4) The director shall provide each applicant with a copy of 34901
any report obtained about the applicant under this section.34902

       Sec. 5123.19.  (A) As used in sections 5123.19 to 5123.20 of 34903
the Revised Code:34904

       (1) "Independent living arrangement" means an arrangement in 34905
which a mentally retarded or developmentally disabled person 34906
resides in an individualized setting chosen by the person or the 34907
person's guardian, which is not dedicated principally to the 34908
provision of residential services for mentally retarded or 34909
developmentally disabled persons, and for which no financial 34910
support is received for rendering such service from any 34911
governmental agency by a provider of residential services.34912

        (2) "Licensee" means the person or government agency that has 34913
applied for a license to operate a residential facility and to 34914
which the license was issued under this section.34915

       (3) "Political subdivision" means a municipal corporation, 34916
county, or township.34917

       (4) "Related party" has the same meaning as in section 34918
5123.16 of the Revised Code except that "provider" as used in the 34919
definition of "related party" means a person or government entity 34920
that held or applied for a license to operate a residential 34921
facility, rather than a person or government entity certified to 34922
provide supported living.34923

       (5)(a) Except as provided in division (A)(5)(b) of this 34924
section, "residential facility" means a home or facility, 34925
including an ICF/IID, in which an individual with mental 34926
retardation or a developmental disability resides.34927

        (b) "Residential facility" does not mean any of the 34928
following:34929

        (i) The home of a relative or legal guardian in which an 34930
individual with mental retardation or a developmental disability 34931
resides;34932

        (ii) A respite care home certified under section 5126.05 of 34933
the Revised Code;34934

        (iii) A county home or district home operated pursuant to 34935
Chapter 5155. of the Revised Code;34936

        (iv) A dwelling in which the only residents with mental 34937
retardation or developmental disabilities are in independent 34938
living arrangements or are being provided supported living.34939

       (B) Every person or government agency desiring to operate a 34940
residential facility shall apply for licensure of the facility to 34941
the director of developmental disabilities unless the residential 34942
facility is subject to section 3721.02, 5103.03, 5119.33, or 34943
division (A)(9)(b) of section 5119.34 of the Revised Code. 34944

       (C) Subject to section 5123.196 of the Revised Code, the 34945
director of developmental disabilities shall license the operation 34946
of residential facilities. An initial license shall be issued for 34947
a period that does not exceed one year, unless the director denies 34948
the license under division (D) of this section. A license shall be 34949
renewed for a period that does not exceed three years, unless the 34950
director refuses to renew the license under division (D) of this 34951
section. The director, when issuing or renewing a license, shall 34952
specify the period for which the license is being issued or 34953
renewed. A license remains valid for the length of the licensing 34954
period specified by the director, unless the license is 34955
terminated, revoked, or voluntarily surrendered.34956

       (D) If it is determined that an applicant or licensee is not 34957
in compliance with a provision of this chapter that applies to 34958
residential facilities or the rules adopted under such a 34959
provision, the director may deny issuance of a license, refuse to 34960
renew a license, terminate a license, revoke a license, issue an 34961
order for the suspension of admissions to a facility, issue an 34962
order for the placement of a monitor at a facility, issue an order 34963
for the immediate removal of residents, or take any other action 34964
the director considers necessary consistent with the director's 34965
authority under this chapter regarding residential facilities. In 34966
the director's selection and administration of the sanction to be 34967
imposed, all of the following apply:34968

       (1) The director may deny, refuse to renew, or revoke a 34969
license, if the director determines that the applicant or licensee 34970
has demonstrated a pattern of serious noncompliance or that a 34971
violation creates a substantial risk to the health and safety of 34972
residents of a residential facility.34973

       (2) The director may terminate a license if more than twelve 34974
consecutive months have elapsed since the residential facility was 34975
last occupied by a resident or a notice required by division (K) 34976
of this section is not given.34977

       (3) The director may issue an order for the suspension of 34978
admissions to a facility for any violation that may result in 34979
sanctions under division (D)(1) of this section and for any other 34980
violation specified in rules adopted under division (H)(2) of this 34981
section. If the suspension of admissions is imposed for a 34982
violation that may result in sanctions under division (D)(1) of 34983
this section, the director may impose the suspension before 34984
providing an opportunity for an adjudication under Chapter 119. of 34985
the Revised Code. The director shall lift an order for the 34986
suspension of admissions when the director determines that the 34987
violation that formed the basis for the order has been corrected.34988

       (4) The director may order the placement of a monitor at a 34989
residential facility for any violation specified in rules adopted 34990
under division (H)(2) of this section. The director shall lift the 34991
order when the director determines that the violation that formed 34992
the basis for the order has been corrected.34993

       (5) If the director determines that two or more residential 34994
facilities owned or operated by the same person or government 34995
entity are not being operated in compliance with a provision of 34996
this chapter that applies to residential facilities or the rules 34997
adopted under such a provision, and the director's findings are 34998
based on the same or a substantially similar action, practice, 34999
circumstance, or incident that creates a substantial risk to the 35000
health and safety of the residents, the director shall conduct a 35001
survey as soon as practicable at each residential facility owned 35002
or operated by that person or government entity. The director may 35003
take any action authorized by this section with respect to any 35004
facility found to be operating in violation of a provision of this 35005
chapter that applies to residential facilities or the rules 35006
adopted under such a provision.35007

       (6) When the director initiates license revocation 35008
proceedings, no opportunity for submitting a plan of correction 35009
shall be given. The director shall notify the licensee by letter 35010
of the initiation of the proceedings. The letter shall list the 35011
deficiencies of the residential facility and inform the licensee 35012
that no plan of correction will be accepted. The director shall 35013
also send a copy of the letter to the county board of 35014
developmental disabilities. The county board shall send a copy of 35015
the letter to each of the following:35016

        (a) Each resident who receives services from the licensee;35017

        (b) The guardian of each resident who receives services from 35018
the licensee if the resident has a guardian;35019

        (c) The parent or guardian of each resident who receives 35020
services from the licensee if the resident is a minor.35021

       (7) Pursuant to rules which shall be adopted in accordance 35022
with Chapter 119. of the Revised Code, the director may order the 35023
immediate removal of residents from a residential facility 35024
whenever conditions at the facility present an immediate danger of 35025
physical or psychological harm to the residents.35026

       (8) In determining whether a residential facility is being 35027
operated in compliance with a provision of this chapter that 35028
applies to residential facilities or the rules adopted under such 35029
a provision, or whether conditions at a residential facility 35030
present an immediate danger of physical or psychological harm to 35031
the residents, the director may rely on information obtained by a 35032
county board of developmental disabilities or other governmental 35033
agencies.35034

       (9) In proceedings initiated to deny, refuse to renew, or 35035
revoke licenses, the director may deny, refuse to renew, or revoke 35036
a license regardless of whether some or all of the deficiencies 35037
that prompted the proceedings have been corrected at the time of 35038
the hearing.35039

       (E) The director shall establish a program under which public 35040
notification may be made when the director has initiated license 35041
revocation proceedings or has issued an order for the suspension 35042
of admissions, placement of a monitor, or removal of residents. 35043
The director shall adopt rules in accordance with Chapter 119. of 35044
the Revised Code to implement this division. The rules shall 35045
establish the procedures by which the public notification will be 35046
made and specify the circumstances for which the notification must 35047
be made. The rules shall require that public notification be made 35048
if the director has taken action against the facility in the 35049
eighteen-month period immediately preceding the director's latest 35050
action against the facility and the latest action is being taken 35051
for the same or a substantially similar violation of a provision 35052
of this chapter that applies to residential facilities or the 35053
rules adopted under such a provision. The rules shall specify a 35054
method for removing or amending the public notification if the 35055
director's action is found to have been unjustified or the 35056
violation at the residential facility has been corrected.35057

       (F)(1) Except as provided in division (F)(2) of this section, 35058
appeals from proceedings initiated to impose a sanction under 35059
division (D) of this section shall be conducted in accordance with 35060
Chapter 119. of the Revised Code.35061

       (2) Appeals from proceedings initiated to order the 35062
suspension of admissions to a facility shall be conducted in 35063
accordance with Chapter 119. of the Revised Code, unless the order 35064
was issued before providing an opportunity for an adjudication, in 35065
which case all of the following apply:35066

       (a) The licensee may request a hearing not later than ten 35067
days after receiving the notice specified in section 119.07 of the 35068
Revised Code.35069

       (b) If a timely request for a hearing that includes the 35070
licensee's current address is made, the hearing shall commence not 35071
later than thirty days after the department receives the request.35072

       (c) After commencing, the hearing shall continue 35073
uninterrupted, except for Saturdays, Sundays, and legal holidays, 35074
unless other interruptions are agreed to by the licensee and the 35075
director.35076

       (d) If the hearing is conducted by a hearing examiner, the 35077
hearing examiner shall file a report and recommendations not later 35078
than ten days after the last of the following:35079

       (i) The close of the hearing;35080

       (ii) If a transcript of the proceedings is ordered, the 35081
hearing examiner receives the transcript;35082

        (iii) If post-hearing briefs are timely filed, the hearing 35083
examiner receives the briefs.35084

       (e) A copy of the written report and recommendation of the 35085
hearing examiner shall be sent, by certified mail, to the licensee 35086
and the licensee's attorney, if applicable, not later than five 35087
days after the report is filed.35088

        (f) Not later than five days after the hearing examiner files 35089
the report and recommendations, the licensee may file objections 35090
to the report and recommendations.35091

       (g) Not later than fifteen days after the hearing examiner 35092
files the report and recommendations, the director shall issue an 35093
order approving, modifying, or disapproving the report and 35094
recommendations.35095

       (h) Notwithstanding the pendency of the hearing, the director 35096
shall lift the order for the suspension of admissions when the 35097
director determines that the violation that formed the basis for 35098
the order has been corrected.35099

       (G) Neither a person or government agency whose application 35100
for a license to operate a residential facility is denied nor a 35101
related party of the person or government agency may apply for a 35102
license to operate a residential facility before the date that is 35103
one year after the date of the denial. Neither a licensee whose 35104
residential facility license is revoked nor a related party of the 35105
licensee may apply for a residential facility license before the 35106
date that is five years after the date of the revocation.35107

        (H) In accordance with Chapter 119. of the Revised Code, the 35108
director shall adopt and may amend and rescind rules for licensing 35109
and regulating the operation of residential facilities. The rules 35110
for residential facilities that are ICFs/IID may differ from those 35111
for other residential facilities. The rules shall establish and 35112
specify the following:35113

       (1) Procedures and criteria for issuing and renewing 35114
licenses, including procedures and criteria for determining the 35115
length of the licensing period that the director must specify for 35116
each license when it is issued or renewed;35117

       (2) Procedures and criteria for denying, refusing to renew, 35118
terminating, and revoking licenses and for ordering the suspension 35119
of admissions to a facility, placement of a monitor at a facility, 35120
and the immediate removal of residents from a facility;35121

       (3) Fees for issuing and renewing licenses, which shall be 35122
deposited into the program fee fund created under section 5123.033 35123
of the Revised Code;35124

       (4) Procedures for surveying residential facilities;35125

       (5) Requirements for the training of residential facility 35126
personnel;35127

       (6) Classifications for the various types of residential 35128
facilities;35129

       (7) Certification procedures for licensees and management 35130
contractors that the director determines are necessary to ensure 35131
that they have the skills and qualifications to properly operate 35132
or manage residential facilities;35133

       (8) The maximum number of persons who may be served in a 35134
particular type of residential facility;35135

       (9) Uniform procedures for admission of persons to and 35136
transfers and discharges of persons from residential facilities;35137

       (10) Other standards for the operation of residential 35138
facilities and the services provided at residential facilities;35139

       (11) Procedures for waiving any provision of any rule adopted 35140
under this section.35141

       (I)(1) Before issuing a license, the director of the 35142
department or the director's designee shall conduct a survey of 35143
the residential facility for which application is made. The 35144
director or the director's designee shall conduct a survey of each 35145
licensed residential facility at least once during the period the 35146
license is valid and may conduct additional inspections as needed. 35147
A survey includes but is not limited to an on-site examination and 35148
evaluation of the residential facility, its personnel, and the 35149
services provided there.35150

       (2) In conducting surveys, the director or the director's 35151
designee shall be given access to the residential facility; all 35152
records, accounts, and any other documents related to the 35153
operation of the facility; the licensee; the residents of the 35154
facility; and all persons acting on behalf of, under the control 35155
of, or in connection with the licensee. The licensee and all 35156
persons on behalf of, under the control of, or in connection with 35157
the licensee shall cooperate with the director or the director's 35158
designee in conducting the survey.35159

       (3) Following each survey, unless the director initiates a 35160
license revocation proceeding, the director or the director's 35161
designee shall provide the licensee with a report listing the date 35162
of the survey and any deficiencies, specifyingcitations issued as 35163
a result of the survey. Except when the director initiates a 35164
proceeding to revoke a license, the director shall do all of the 35165
following:35166

        (a) Specify a date by which the licensee may appeal any of 35167
the citations;35168

       (b) Specify a timetable within which the licensee shallmust35169
submit a plan of correction describing how the deficiencies35170
problems specified in the citations will be corrected, and, when;35171

       (c) When appropriate, specifyingspecify a timetable within 35172
which the licensee must correct the deficienciesproblems 35173
specified in the citations. After35174

       (4) If the director initiates a proceeding to revoke a 35175
license, the director shall include the report required by 35176
division (I)(3) of this section with the notice of the proposed 35177
revocation the director sends the licensee. In this circumstance, 35178
the licensee may not appeal the citations or submit a plan of 35179
correction.35180

       (5) After a plan of correction is submitted, the director or 35181
the director's designee shall approve or disapprove the plan. AIf 35182
the plan of correction is approved, a copy of the report and any35183
approved plan of correction shall be provided, not later than five 35184
business days after it is approved, to any person or government 35185
entity who requests it and made available on the internet web site 35186
maintained by the department of developmental disabilities. If the 35187
plan of correction is not approved and the director initiates a 35188
proceeding to revoke the license, a copy of the survey report 35189
shall be provided to any person or government entity that requests 35190
it and made available on the internet web site maintained by the 35191
department.35192

       (6) The director shall initiate disciplinary action against 35193
any department employee who notifies or causes the notification to 35194
any unauthorized person of an unannounced survey of a residential 35195
facility by an authorized representative of the department.35196

       (J) In addition to any other information which may be 35197
required of applicants for a license pursuant to this section, the 35198
director shall require each applicant to provide a copy of an 35199
approved plan for a proposed residential facility pursuant to 35200
section 5123.042 of the Revised Code. This division does not apply 35201
to renewal of a license or to an applicant for an initial or 35202
modified license who meets the requirements of section 5123.197 of 35203
the Revised Code.35204

       (K) A licensee shall notify the owner of the building in 35205
which the licensee's residential facility is located of any 35206
significant change in the identity of the licensee or management 35207
contractor before the effective date of the change if the licensee 35208
is not the owner of the building.35209

       Pursuant to rules which shall be adopted in accordance with 35210
Chapter 119. of the Revised Code, the director may require 35211
notification to the department of any significant change in the 35212
ownership of a residential facility or in the identity of the 35213
licensee or management contractor. If the director determines that 35214
a significant change of ownership is proposed, the director shall 35215
consider the proposed change to be an application for development 35216
by a new operator pursuant to section 5123.042 of the Revised Code 35217
and shall advise the applicant within sixty days of the 35218
notification that the current license shall continue in effect or 35219
a new license will be required pursuant to this section. If the 35220
director requires a new license, the director shall permit the 35221
facility to continue to operate under the current license until 35222
the new license is issued, unless the current license is revoked, 35223
refused to be renewed, or terminated in accordance with Chapter 35224
119. of the Revised Code.35225

       (L) A county board of developmental disabilities and any 35226
interested person may file complaints alleging violations of 35227
statute or department rule relating to residential facilities with 35228
the department. All complaints shall be in writing and shall state 35229
the facts constituting the basis of the allegation. The department 35230
shall not reveal the source of any complaint unless the 35231
complainant agrees in writing to waive the right to 35232
confidentiality or until so ordered by a court of competent 35233
jurisdiction.35234

       The department shall adopt rules in accordance with Chapter 35235
119. of the Revised Code establishing procedures for the receipt, 35236
referral, investigation, and disposition of complaints filed with 35237
the department under this division.35238

       (M) The department shall establish procedures for the 35239
notification of interested parties of the transfer or interim care 35240
of residents from residential facilities that are closing or are 35241
losing their license.35242

       (N) Before issuing a license under this section to a 35243
residential facility that will accommodate at any time more than 35244
one mentally retarded or developmentally disabled individual, the 35245
director shall, by first class mail, notify the following:35246

       (1) If the facility will be located in a municipal 35247
corporation, the clerk of the legislative authority of the 35248
municipal corporation;35249

       (2) If the facility will be located in unincorporated 35250
territory, the clerk of the appropriate board of county 35251
commissioners and the fiscal officer of the appropriate board of 35252
township trustees.35253

       The director shall not issue the license for ten days after 35254
mailing the notice, excluding Saturdays, Sundays, and legal 35255
holidays, in order to give the notified local officials time in 35256
which to comment on the proposed issuance.35257

       Any legislative authority of a municipal corporation, board 35258
of county commissioners, or board of township trustees that 35259
receives notice under this division of the proposed issuance of a 35260
license for a residential facility may comment on it in writing to 35261
the director within ten days after the director mailed the notice, 35262
excluding Saturdays, Sundays, and legal holidays. If the director 35263
receives written comments from any notified officials within the 35264
specified time, the director shall make written findings 35265
concerning the comments and the director's decision on the 35266
issuance of the license. If the director does not receive written 35267
comments from any notified local officials within the specified 35268
time, the director shall continue the process for issuance of the 35269
license.35270

       (O) Any person may operate a licensed residential facility 35271
that provides room and board, personal care, habilitation 35272
services, and supervision in a family setting for at least six but 35273
not more than eight persons with mental retardation or a 35274
developmental disability as a permitted use in any residential 35275
district or zone, including any single-family residential district 35276
or zone, of any political subdivision. These residential 35277
facilities may be required to comply with area, height, yard, and 35278
architectural compatibility requirements that are uniformly 35279
imposed upon all single-family residences within the district or 35280
zone.35281

       (P) Any person may operate a licensed residential facility 35282
that provides room and board, personal care, habilitation 35283
services, and supervision in a family setting for at least nine 35284
but not more than sixteen persons with mental retardation or a 35285
developmental disability as a permitted use in any multiple-family 35286
residential district or zone of any political subdivision, except 35287
that a political subdivision that has enacted a zoning ordinance 35288
or resolution establishing planned unit development districts may 35289
exclude these residential facilities from those districts, and a 35290
political subdivision that has enacted a zoning ordinance or 35291
resolution may regulate these residential facilities in 35292
multiple-family residential districts or zones as a conditionally 35293
permitted use or special exception, in either case, under 35294
reasonable and specific standards and conditions set out in the 35295
zoning ordinance or resolution to:35296

       (1) Require the architectural design and site layout of the 35297
residential facility and the location, nature, and height of any 35298
walls, screens, and fences to be compatible with adjoining land 35299
uses and the residential character of the neighborhood;35300

       (2) Require compliance with yard, parking, and sign 35301
regulation;35302

       (3) Limit excessive concentration of these residential 35303
facilities.35304

       (Q) This section does not prohibit a political subdivision 35305
from applying to residential facilities nondiscriminatory 35306
regulations requiring compliance with health, fire, and safety 35307
regulations and building standards and regulations.35308

       (R) Divisions (O) and (P) of this section are not applicable 35309
to municipal corporations that had in effect on June 15, 1977, an 35310
ordinance specifically permitting in residential zones licensed 35311
residential facilities by means of permitted uses, conditional 35312
uses, or special exception, so long as such ordinance remains in 35313
effect without any substantive modification.35314

       (S)(1) The director may issue an interim license to operate a 35315
residential facility to an applicant for a license under this 35316
section if either of the following is the case:35317

       (a) The director determines that an emergency exists 35318
requiring immediate placement of persons in a residential 35319
facility, that insufficient licensed beds are available, and that 35320
the residential facility is likely to receive a permanent license 35321
under this section within thirty days after issuance of the 35322
interim license.35323

       (b) The director determines that the issuance of an interim 35324
license is necessary to meet a temporary need for a residential 35325
facility.35326

       (2) To be eligible to receive an interim license, an 35327
applicant must meet the same criteria that must be met to receive 35328
a permanent license under this section, except for any differing 35329
procedures and time frames that may apply to issuance of a 35330
permanent license.35331

       (3) An interim license shall be valid for thirty days and may 35332
be renewed by the director for a period not to exceed one hundred 35333
fifty days.35334

       (4) The director shall adopt rules in accordance with Chapter 35335
119. of the Revised Code as the director considers necessary to 35336
administer the issuance of interim licenses.35337

       (T) Notwithstanding rules adopted pursuant to this section 35338
establishing the maximum number of persons who may be served in a 35339
particular type of residential facility, a residential facility 35340
shall be permitted to serve the same number of persons being 35341
served by the facility on the effective date of the rules or the 35342
number of persons for which the facility is authorized pursuant to 35343
a current application for a certificate of need with a letter of 35344
support from the department of developmental disabilities and 35345
which is in the review process prior to April 4, 1986.35346

       (U) The director or the director's designee may enter at any 35347
time, for purposes of investigation, any home, facility, or other 35348
structure that has been reported to the director or that the 35349
director has reasonable cause to believe is being operated as a 35350
residential facility without a license issued under this section.35351

       The director may petition the court of common pleas of the 35352
county in which an unlicensed residential facility is located for 35353
an order enjoining the person or governmental agency operating the 35354
facility from continuing to operate without a license. The court 35355
may grant the injunction on a showing that the person or 35356
governmental agency named in the petition is operating a 35357
residential facility without a license. The court may grant the 35358
injunction, regardless of whether the residential facility meets 35359
the requirements for receiving a license under this section.35360

       Sec. 5123.191.  (A) The court of common pleas or a judge 35361
thereof in the judge's county, or the probate court, may appoint a 35362
receiver to take possession of and operate a residential facility 35363
licensed by the department of developmental disabilities, in 35364
causes pending in such courts respectively, when conditions 35365
existing at the facility present a substantial risk of physical or 35366
mental harm to residents and no other remedies at law are adequate 35367
to protect the health, safety, and welfare of the residents. 35368
Conditions at the facility that may present such risk of harm 35369
include, but are not limited to, instances when any of the 35370
following occur:35371

       (1) The residential facility is in violation of state or 35372
federal law or regulations.35373

       (2) The facility has had its license revoked or procedures 35374
for revocation have been initiated, or the facility is closing or 35375
intends to cease operations.35376

       (3) Arrangements for relocating residents need to be made.35377

       (4) Insolvency of the operator, licensee, or landowner 35378
threatens the operation of the facility.35379

       (5) The facility or operator has demonstrated a pattern and 35380
practice of repeated violations of state or federal laws or 35381
regulations.35382

       (B) A court in which a petition is filed pursuant to this 35383
section shall notify the person holding the license for the 35384
facility and the department of developmental disabilities of the 35385
filing. The court shall order the department to notify the 35386
facility owner, facility operator, county board of developmental 35387
disabilities, facility residents, and residents' parents and 35388
guardians of the filing of the petition.35389

       The court shall provide a hearing on the petition within five 35390
court days of the time it was filed, except that the court may 35391
appoint a receiver prior to that time if it determines that the 35392
circumstances necessitate such action. Following a hearing on the 35393
petition, and upon a determination that the appointment of a 35394
receiver is warranted, the court shall appoint a receiver and 35395
notify the department of developmental disabilities and 35396
appropriate persons of this action.35397

       (C) A residential facility for which a receiver has been 35398
named is deemed to be in compliance with section 5123.19 and 35399
Chapter 3721. of the Revised Code for the duration of the 35400
receivership.35401

       (D) When the operating revenue of a residential facility in 35402
receivership is insufficient to meet its operating expenses, 35403
including the cost of bringing the facility into compliance with 35404
state or federal laws or regulations, the court may order the 35405
state to provide necessary funding, except as provided in division 35406
(K) of this section. The state shall provide such funding, subject 35407
to the approval of the controlling board. The court may also order 35408
the appropriate authorities to expedite all inspections necessary 35409
for the issuance of licenses or the certification of a facility, 35410
and order a facility to be closed if it determines that reasonable 35411
efforts cannot bring the facility into substantial compliance with 35412
the law.35413

       (E) In establishing a receivership, the court shall set forth 35414
the powers and duties of the receiver. The court may generally 35415
authorize the receiver to do all that is prudent and necessary to 35416
safely and efficiently operate the residential facility within the 35417
requirements of state and federal law, but shall require the 35418
receiver to obtain court approval prior to making any single 35419
expenditure of more than five thousand dollars to correct 35420
deficiencies in the structure or furnishings of a facility. The 35421
court shall closely review the conduct of the receiver it has 35422
appointed and shall require regular and detailed reports. The 35423
receivership shall be reviewed at least every sixty days.35424

       (F) A receivership established pursuant to this section shall 35425
be terminated, following notification of the appropriate parties 35426
and a hearing, if the court determines either of the following:35427

       (1) The residential facility has been closed and the former 35428
residents have been relocated to an appropriate facility.35429

       (2) Circumstances no longer exist at the facility that 35430
present a substantial risk of physical or mental harm to 35431
residents, and there is no deficiency in the facility that is 35432
likely to create a future risk of harm.35433

       Notwithstanding division (F)(2) of this section, the court 35434
shall not terminate a receivership for a residential facility that 35435
has previously operated under another receivership unless the 35436
responsibility for the operation of the facility is transferred to 35437
an operator approved by the court and the department of 35438
developmental disabilities.35439

       (G) The department of developmental disabilities may, upon 35440
its own initiative or at the request of an owner, operator, or 35441
resident of a residential facility, or at the request of a 35442
resident's guardian or relative or a county board of developmental 35443
disabilities, petition the court to appoint a receiver to take 35444
possession of and operate a residential facility. When the 35445
department has been requested to file a petition by any of the 35446
parties listed above, it shall, within forty-eight hours of such 35447
request, either file such a petition or notify the requesting 35448
party of its decision not to file. If the department refuses to 35449
file, the requesting party may file a petition with the court 35450
requesting the appointment of a receiver to take possession of and 35451
operate a residential facility.35452

       Petitions filed pursuant to this division shall include the 35453
following:35454

       (1) A description of the specific conditions existing at the 35455
facility which present a substantial risk of physical or mental 35456
harm to residents;35457

       (2) A statement of the absence of other adequate remedies at 35458
law;35459

       (3) The number of individuals residing at the facility;35460

       (4) A statement that the facts have been brought to the 35461
attention of the owner or licensee and that conditions have not 35462
been remedied within a reasonable period of time or that the 35463
conditions, though remedied periodically, habitually exist at the 35464
facility as a pattern or practice;35465

       (5) The name and address of the person holding the license 35466
for the facility and the address of the department of 35467
developmental disabilities.35468

       The court may award to an operator appropriate costs and 35469
expenses, including reasonable attorney's fees, if it determines 35470
that a petitioner has initiated a proceeding in bad faith or 35471
merely for the purpose of harassing or embarrassing the operator.35472

       (H) Except for the department of developmental disabilities 35473
or a county board of developmental disabilities, no party or 35474
person interested in an action shall be appointed a receiver 35475
pursuant to this section.35476

       To assist the court in identifying persons qualified to be 35477
named as receivers, the director of developmental disabilities or 35478
the director's designee shall maintain a list of the names of such 35479
persons. The director shall, in accordance with Chapter 119. of 35480
the Revised Code, establish standards for evaluating persons 35481
desiring to be included on such a list.35482

       (I) Before a receiver enters upon the duties of that person, 35483
the receiver must be sworn to perform the duties of receiver 35484
faithfully, and, with surety approved by the court, judge, or 35485
clerk, execute a bond to such person, and in such sum as the court 35486
or judge directs, to the effect that such receiver will faithfully 35487
discharge the duties of receiver in the action, and obey the 35488
orders of the court therein.35489

       (J) Under the control of the appointing court, a receiver may 35490
bring and defend actions in the receiver's own name as receiver 35491
and take and keep possession of property.35492

       The court shall authorize the receiver to do the following:35493

       (1) Collect payment for all goods and services provided to 35494
the residents or others during the period of the receivership at 35495
the same rate as was charged by the licensee at the time the 35496
petition for receivership was filed, unless a different rate is 35497
set by the court;35498

       (2) Honor all leases, mortgages, and secured transactions 35499
governing all buildings, goods, and fixtures of which the receiver 35500
has taken possession and continues to use, subject to the 35501
following conditions:35502

       (a) In the case of a rental agreement, only to the extent of 35503
payments that are for the use of the property during the period of 35504
the receivership;35505

       (b) In the case of a purchase agreement only to the extent of 35506
payments that come due during the period of the receivership.35507

       (3) If transfer of residents is necessary, provide for the 35508
orderly transfer of residents by doing the following:35509

       (a) Cooperating with all appropriate state and local agencies 35510
in carrying out the transfer of residents to alternative community 35511
placements;35512

       (b) Providing for the transportation of residents' belongings 35513
and records;35514

       (c) Helping to locate alternative placements and develop 35515
discharge plans;35516

       (d) Preparing residents for the trauma of discharge;35517

       (e) Permitting residents or guardians to participate in 35518
transfer or discharge planning except when an emergency exists and 35519
immediate transfer is necessary.35520

       (4) Make periodic reports on the status of the residential 35521
program to the appropriate state agency, county board of 35522
developmental disabilities, parents, guardians, and residents;35523

       (5) Compromise demands or claims;35524

       (6) Generally do such acts respecting the residential 35525
facility as the court authorizes.35526

       (K) Neither the receiver nor the department of developmental 35527
disabilities is liable for debts incurred by the owner or operator 35528
of a residential facility for which a receiver has been appointed.35529

       (L) The department of developmental disabilities may contract 35530
for the operation of a residential facility in receivership. The 35531
department shall establish the conditions of a contract. 35532
Notwithstanding any other provision of law, contracts that are 35533
necessary to carry out the powers and duties of the receiver need 35534
not be competitively bid.35535

       (M) The department of developmental disabilities, the 35536
department of job and family services, and the department of 35537
health shall provide technical assistance to any receiver 35538
appointed pursuant to this section.35539

       Sec. 5123.21.  The director of developmental disabilities or 35540
the director's designee may transfer or authorize the transfer of 35541
an involuntary resident or a consenting voluntary resident from 35542
one public institution to another or to an institution other than 35543
a public institution or other facility, if the director determines 35544
that it would be consistent with the habilitation needs of the 35545
resident to do so.35546

       Before an involuntary resident may be transferred to a more 35547
restrictive setting, the managing officer of the institution shall 35548
file a motion with the court requesting the court to amend its 35549
order of placement issued under section 5123.76 of the Revised 35550
Code. At the resident's request, the court shall hold a hearing on 35551
the motion at which the resident has the same rights as at a full 35552
hearing under section 5123.76 of the Revised Code.35553

       Whenever a resident is transferred, the director shall give 35554
written notice of the transfer to the resident's legal guardian, 35555
parents, spouse, and counsel, or, if none is known, to the 35556
resident's nearest known relative or friend. If the resident is a 35557
minor, the departmentdirector before making such a transfer shall 35558
make a minute of the order for the transfer and the reason for it 35559
upon its record and shall send a certified copy at least seven 35560
days prior to the transfer to the person shown by its record to 35561
have had the care or custody of the minor immediately prior to the 35562
minor's commitment. Whenever a consenting voluntary resident is 35563
transferred, the notification shall be given only at the 35564
resident's request. The managing officer shall advise a voluntary 35565
resident who is being transferred that the patient may decide if 35566
such a notification shall be given. In all such transfers, due 35567
consideration shall be given to the relationship of the resident 35568
to the resident's family, legal guardian, or friends, so as to 35569
maintain relationships and encourage visits beneficial to the 35570
resident.35571

       Sec. 5123.61.  (A) As used in this section:35572

       (1) "Law enforcement agency" means the state highway patrol, 35573
the police department of a municipal corporation, or a county 35574
sheriff.35575

       (2) "Abuse" has the same meaning as in section 5123.50 of the 35576
Revised Code, except that it includes a misappropriation, as 35577
defined in that section.35578

       (3) "Neglect" has the same meaning as in section 5123.50 of 35579
the Revised Code.35580

       (B) The department of developmental disabilities shall 35581
establish a registry office for the purpose of maintaining reports 35582
of abuse, neglect, and other major unusual incidents made to the 35583
department under this section and reports received from county 35584
boards of developmental disabilities under section 5126.31 of the 35585
Revised Code. The department shall establish committees to review 35586
reports of abuse, neglect, and other major unusual incidents.35587

       (C)(1) Any person listed in division (C)(2) of this section, 35588
having reason to believe that a person with mental retardation or 35589
a developmental disability has suffered or faces a substantial 35590
risk of suffering any wound, injury, disability, or condition of 35591
such a nature as to reasonably indicate abuse or neglect of that 35592
person, shall immediately report or cause reports to be made of 35593
such information to the entity specified in this division. Except 35594
as provided in section 5120.173 of the Revised Code or as 35595
otherwise provided in this division, the person making the report 35596
shall make it to a law enforcement agency or to the county board 35597
of developmental disabilities. If the report concerns a resident 35598
of a facility operated by the department of developmental 35599
disabilities the report shall be made either to a law enforcement 35600
agency or to the department. If the report concerns any act or 35601
omission of an employee of a county board of developmental 35602
disabilities, the report immediately shall be made to the 35603
department and to the county board.35604

       (2) All of the following persons are required to make a 35605
report under division (C)(1) of this section:35606

       (a) Any physician, including a hospital intern or resident, 35607
any dentist, podiatrist, chiropractor, practitioner of a limited 35608
branch of medicine as specified in section 4731.15 of the Revised 35609
Code, hospital administrator or employee of a hospital, nurse 35610
licensed under Chapter 4723. of the Revised Code, employee of an 35611
ambulatory health facility as defined in section 5101.61 of the 35612
Revised Code, employee of a home health agency, employee of a 35613
residential facility licensed under section 5119.34 of the Revised 35614
Code that provides accommodations, supervision, and person care 35615
services for three to sixteen unrelated adults, or employee of a 35616
community mental health facility;35617

       (b) Any school teacher or school authority, social worker, 35618
psychologist, attorney, peace officer, coroner, or residents' 35619
rights advocate as defined in section 3721.10 of the Revised Code;35620

       (c) A superintendent, board member, or employee of a county 35621
board of developmental disabilities; an administrator, board 35622
member, or employee of a residential facility licensed under 35623
section 5123.19 of the Revised Code; an administrator, board 35624
member, or employee of any other public or private provider of 35625
services to a person with mental retardation or a developmental 35626
disability, or any MR/DD employee, as defined in section 5123.50 35627
of the Revised Code;35628

       (d) A member of a citizen's advisory council established at 35629
an institution or branch institution of the department of 35630
developmental disabilities under section 5123.092 of the Revised 35631
Code;35632

       (e) A member of the clergy who is employed in a position that 35633
includes providing specialized services to an individual with 35634
mental retardation or another developmental disability, while 35635
acting in an official or professional capacity in that position, 35636
or a person who is employed in a position that includes providing 35637
specialized services to an individual with mental retardation or 35638
another developmental disability and who, while acting in an 35639
official or professional capacity, renders spiritual treatment 35640
through prayer in accordance with the tenets of an organized 35641
religion.35642

       (3)(a) The reporting requirements of this division do not 35643
apply to employees of the Ohio protection and advocacy system.35644

       (b) An attorney or physician is not required to make a report 35645
pursuant to division (C)(1) of this section concerning any 35646
communication the attorney or physician receives from a client or 35647
patient in an attorney-client or physician-patient relationship, 35648
if, in accordance with division (A) or (B) of section 2317.02 of 35649
the Revised Code, the attorney or physician could not testify with 35650
respect to that communication in a civil or criminal proceeding, 35651
except that the client or patient is deemed to have waived any 35652
testimonial privilege under division (A) or (B) of section 2317.02 35653
of the Revised Code with respect to that communication and the 35654
attorney or physician shall make a report pursuant to division 35655
(C)(1) of this section, if both of the following apply:35656

       (i) The client or patient, at the time of the communication, 35657
is a person with mental retardation or a developmental disability.35658

       (ii) The attorney or physician knows or suspects, as a result 35659
of the communication or any observations made during that 35660
communication, that the client or patient has suffered or faces a 35661
substantial risk of suffering any wound, injury, disability, or 35662
condition of a nature that reasonably indicates abuse or neglect 35663
of the client or patient.35664

       (4) Any person who fails to make a report required under 35665
division (C) of this section and who is an MR/DD employee, as 35666
defined in section 5123.50 of the Revised Code, shall be eligible 35667
to be included in the registry regarding misappropriation, abuse, 35668
neglect, or other specified misconduct by MR/DD employees 35669
established under section 5123.52 of the Revised Code.35670

       (D) The reports required under division (C) of this section 35671
shall be made forthwith by telephone or in person and shall be 35672
followed by a written report. The reports shall contain the 35673
following:35674

       (1) The names and addresses of the person with mental 35675
retardation or a developmental disability and the person's 35676
custodian, if known;35677

       (2) The age of the person with mental retardation or a 35678
developmental disability;35679

       (3) Any other information that would assist in the 35680
investigation of the report.35681

       (E) When a physician performing services as a member of the 35682
staff of a hospital or similar institution has reason to believe 35683
that a person with mental retardation or a developmental 35684
disability has suffered injury, abuse, or physical neglect, the 35685
physician shall notify the person in charge of the institution or 35686
that person's designated delegate, who shall make the necessary 35687
reports.35688

       (F) Any person having reasonable cause to believe that a 35689
person with mental retardation or a developmental disability has 35690
suffered or faces a substantial risk of suffering abuse or neglect 35691
may report or cause a report to be made of that belief to the 35692
entity specified in this division. Except as provided in section 35693
5120.173 of the Revised Code or as otherwise provided in this 35694
division, the person making the report shall make it to a law 35695
enforcement agency or the county board of developmental 35696
disabilities. If the person is a resident of a facility operated 35697
by the department of developmental disabilities, the report shall 35698
be made to a law enforcement agency or to the department. If the 35699
report concerns any act or omission of an employee of a county 35700
board of developmental disabilities, the report immediately shall 35701
be made to the department and to the county board.35702

       (G)(1) Upon the receipt of a report concerning the possible 35703
abuse or neglect of a person with mental retardation or a 35704
developmental disability, the law enforcement agency shall inform 35705
the county board of developmental disabilities or, if the person 35706
is a resident of a facility operated by the department of 35707
developmental disabilities, the director of the department or the 35708
director's designee.35709

       (2) On receipt of a report under this section that includes 35710
an allegation of action or inaction that may constitute a crime 35711
under federal law or the law of this state, the department of 35712
developmental disabilities shall notify the law enforcement 35713
agency.35714

       (3) When a county board of developmental disabilities 35715
receives a report under this section that includes an allegation 35716
of action or inaction that may constitute a crime under federal 35717
law or the law of this state, the superintendent of the board or 35718
an individual the superintendent designates under division (H) of 35719
this section shall notify the law enforcement agency. The 35720
superintendent or individual shall notify the department of 35721
developmental disabilities when it receives any report under this 35722
section.35723

       (4) When a county board of developmental disabilities 35724
receives a report under this section and believes that the degree 35725
of risk to the person is such that the report is an emergency, the 35726
superintendent of the board or an employee of the board the 35727
superintendent designates shall attempt a face-to-face contact 35728
with the person with mental retardation or a developmental 35729
disability who allegedly is the victim within one hour of the 35730
board's receipt of the report.35731

       (H) The superintendent of the board may designate an 35732
individual to be responsible for notifying the law enforcement 35733
agency and the department when the county board receives a report 35734
under this section.35735

       (I) An adult with mental retardation or a developmental 35736
disability about whom a report is made may be removed from the 35737
adult's place of residence only by law enforcement officers who 35738
consider that the adult's immediate removal is essential to 35739
protect the adult from further injury or abuse or in accordance 35740
with the order of a court made pursuant to section 5126.33 of the 35741
Revised Code.35742

       (J) A law enforcement agency shall investigate each report of 35743
abuse or neglect it receives under this section. In addition, the 35744
department, in cooperation with law enforcement officials, shall 35745
investigate each report regarding a resident of a facility 35746
operated by the department to determine the circumstances 35747
surrounding the injury, the cause of the injury, and the person 35748
responsible. The investigation shall be in accordance with the 35749
memorandum of understanding prepared under section 5126.058 of the 35750
Revised Code. The department shall determine, with the registry 35751
office which shall be maintained by the department, whether prior 35752
reports have been made concerning an adult with mental retardation 35753
or a developmental disability or other principals in the case. If 35754
the department finds that the report involves action or inaction 35755
that may constitute a crime under federal law or the law of this 35756
state, it shall submit a report of its investigation, in writing, 35757
to the law enforcement agency. If the person with mental 35758
retardation or a developmental disability is an adult, with the 35759
consent of the adult, the department shall provide such protective 35760
services as are necessary to protect the adult. The law 35761
enforcement agency shall make a written report of its findings to 35762
the department.35763

       If the person is an adult and is not a resident of a facility 35764
operated by the department, the county board of developmental 35765
disabilities shall review the report of abuse or neglect in 35766
accordance with sections 5126.30 to 5126.33 of the Revised Code 35767
and the law enforcement agency shall make the written report of 35768
its findings to the county board.35769

       (K) Any person or any hospital, institution, school, health 35770
department, or agency participating in the making of reports 35771
pursuant to this section, any person participating as a witness in 35772
an administrative or judicial proceeding resulting from the 35773
reports, or any person or governmental entity that discharges 35774
responsibilities under sections 5126.31 to 5126.33 of the Revised 35775
Code shall be immune from any civil or criminal liability that 35776
might otherwise be incurred or imposed as a result of such actions 35777
except liability for perjury, unless the person or governmental 35778
entity has acted in bad faith or with malicious purpose.35779

       (L) No employer or any person with the authority to do so 35780
shall discharge, demote, transfer, prepare a negative work 35781
performance evaluation, reduce pay or benefits, terminate work 35782
privileges, or take any other action detrimental to an employee or 35783
retaliate against an employee as a result of the employee's having 35784
made a report under this section. This division does not preclude 35785
an employer or person with authority from taking action with 35786
regard to an employee who has made a report under this section if 35787
there is another reasonable basis for the action.35788

       (M) Reports made under this section are not public records as 35789
defined in section 149.43 of the Revised Code. Information 35790
contained in the reports on request shall be made available to the 35791
person who is the subject of the report, to the person's legal 35792
counsel, and to agencies authorized to receive information in the 35793
report by the department or by a county board of developmental 35794
disabilities.35795

       (N) Notwithstanding section 4731.22 of the Revised Code, the 35796
physician-patient privilege shall not be a ground for excluding 35797
evidence regarding the injuries or physical neglect of a person 35798
with mental retardation or a developmental disability or the cause 35799
thereof in any judicial proceeding resulting from a report 35800
submitted pursuant to this section.35801

       Sec. 5123.75.  A respondent who is involuntarily placed in an 35802
institution or other place as designated in section 5123.77 of the 35803
Revised Code or with respect to whom proceedings have been 35804
instituted under section 5123.71 of the Revised Code shall, on 35805
request of the respondent, the respondent's guardian, or the 35806
respondent's counsel, or upon the court's own motion, be afforded 35807
a hearing to determine whether there is probable cause to believe 35808
that the respondent is a mentally retarded person subject to 35809
institutionalization by court order.35810

       (A) The probable cause hearing shall be conducted within two 35811
court days from the day on which the request is made. Failure to 35812
conduct the probable cause hearing within this time shall effect 35813
an immediate discharge of the respondent. If the proceedings are 35814
not reinstituted within thirty days, records of the proceedings 35815
shall be expunged.35816

       (B) The respondent shall be informed that the respondent may 35817
retain counsel and have independent expert evaluation and, if the 35818
respondent is an indigent person, be represented by court 35819
appointed counsel and have independent expert evaluation at court 35820
expense.35821

       (C) The probable cause hearing shall be conducted in a manner 35822
consistent with the procedures set forth in division (A) of 35823
section 5123.76 of the Revised Code, except divisions (A)(10) and 35824
(14) of that section, and the designee of the director of 35825
developmental disabilities under section 5123.72 of the Revised 35826
Code shall present evidence for the state.35827

       (D) If the court does not find probable cause to believe that 35828
the respondent is a mentally retarded person subject to 35829
institutionalization by court order, it shall order immediate 35830
release of the respondent and dismiss and expunge all record of 35831
the proceedings under this chapter.35832

       (E) On motion of the respondent or the respondent's counsel 35833
and for good cause shown, the court may order a continuance of the 35834
hearing.35835

       (F) If the court finds probable cause to believe that the 35836
respondent is a mentally retarded person subject to 35837
institutionalization by court order, the court may issue an 35838
interim order of placement and, where proceedings under section 35839
5123.71 of the Revised Code have been instituted, shall order a 35840
full hearing as provided in section 5123.76 of the Revised Code to 35841
be held on the question of whether the respondent is a mentally 35842
retarded person subject to institutionalization by court order. 35843
Unless specifically waived by the respondent or the respondent's 35844
counsel, the court shall schedule said hearing to be held as soon 35845
as possible within ten days from the probable cause hearing. A 35846
waiver of such full hearing at this point shall not preclude the 35847
respondent from asserting the respondent's right to such hearing 35848
under section 5123.76 of the Revised Code at any time prior to the 35849
mandatory hearing provided in division (H) of section 5123.76 of 35850
the Revised Code. In any case, if the respondent has waived the 35851
right to the full hearing, a mandatory hearing shall be held under 35852
division (H) of section 5123.76 of the Revised Code between the 35853
ninetieth and the one hundredth day after the original involuntary 35854
detention of the person unless the respondent has been discharged.35855

       (G) Whenever possible, the probable cause hearing shall be 35856
held before the respondent is taken into custody.35857

       Sec. 5123.76.  (A) The full hearing shall be conducted in a 35858
manner consistent with the procedures outlined in this chapter and 35859
with due process of law. The hearing shall be held by a judge of 35860
the probate division or, upon transfer by the judge of the probate 35861
division, by another judge of the court of common pleas, or a 35862
referee designated by the judge of the probate division. Any 35863
referee designated by the judge of the probate division must be an 35864
attorney.35865

       (1) The following shall be made available to counsel for the 35866
respondent:35867

       (a) All relevant documents, information, and evidence in the 35868
custody or control of the state or prosecutor;35869

       (b) All relevant documents, information, and evidence in the 35870
custody or control of the institution, facility, or program in 35871
which the respondent currently is held or in which the respondent 35872
has been held pursuant to these proceedings;35873

       (c) With the consent of the respondent, all relevant 35874
documents, information, and evidence in the custody or control of 35875
any institution or person other than the state.35876

       (2) The respondent has the right to be represented by counsel 35877
of the respondent's choice and has the right to attend the hearing 35878
except if unusual circumstances of compelling medical necessity 35879
exist that render the respondent unable to attend and the 35880
respondent has not expressed a desire to attend.35881

       (3) If the respondent is not represented by counsel and the 35882
court determines that the conditions specified in division (A)(2) 35883
of this section justify the respondent's absence and the right to 35884
counsel has not been validly waived, the court shall appoint 35885
counsel forthwith to represent the respondent at the hearing, 35886
reserving the right to tax costs of appointed counsel to the 35887
respondent unless it is shown that the respondent is indigent. If 35888
the court appoints counsel, or if the court determines that the 35889
evidence relevant to the respondent's absence does not justify the 35890
absence, the court shall continue the case.35891

       (4) The respondent shall be informed of the right to retain 35892
counsel, to have independent expert evaluation, and, if an 35893
indigent person, to be represented by court appointed counsel and 35894
have expert independent evaluation at court expense.35895

       (5) The hearing may be closed to the public unless counsel 35896
for the respondent requests that the hearing be open to the 35897
public.35898

       (6) Unless objected to by the respondent, the respondent's 35899
counsel, or the designee of the director of developmental 35900
disabilities under section 5123.72 of the Revised Code, the court, 35901
for good cause shown, may admit persons having a legitimate 35902
interest in the proceedings.35903

       (7) The affiant under section 5123.71 of the Revised Code 35904
shall be subject to subpoena by either party.35905

       (8) The court shall examine the sufficiency of all documents 35906
filed and shall inform the respondent, if present, and the 35907
respondent's counsel of the nature of the content of the documents 35908
and the reason for which the respondent is being held or for which 35909
the respondent's placement is being sought.35910

       (9) The court shall receive only relevant, competent, and 35911
material evidence.35912

       (10) TheIn accordance with section 5123.72 of the Revised 35913
Code, the designee of the director shall present the evidence for 35914
the state. In proceedings under this chapter, the attorney general 35915
shall present the comprehensive evaluation, assessment, diagnosis, 35916
prognosis, record of habilitation and care, if any, and less 35917
restrictive habilitation plans, if any. The attorney general does 35918
not have a similar presentation responsibility in connection with 35919
a person who has been found not guilty by reason of insanity and 35920
who is the subject of a hearing under section 2945.40 of the 35921
Revised Code to determine whether the person is a mentally 35922
retarded person subject to institutionalization by court order.35923

       (11) The respondent has the right to testify and the 35924
respondent or the respondent's counsel has the right to subpoena 35925
witnesses and documents and to present and cross-examine 35926
witnesses.35927

       (12) The respondent shall not be compelled to testify and 35928
shall be so advised by the court.35929

       (13) On motion of the respondent or the respondent's counsel 35930
for good cause shown, or upon the court's own motion, the court 35931
may order a continuance of the hearing.35932

       (14) To an extent not inconsistent with this chapter, the 35933
Rules of Civil Procedure shall be applicable.35934

       (B) Unless, upon completion of the hearing, the court finds 35935
by clear and convincing evidence that the respondent named in the 35936
affidavit is a mentally retarded person subject to 35937
institutionalization by court order, it shall order the 35938
respondent's discharge forthwith.35939

       (C) If, upon completion of the hearing, the court finds by 35940
clear and convincing evidence that the respondent is a mentally 35941
retarded person subject to institutionalization by court order, 35942
the court may order the respondent's discharge or order the 35943
respondent, for a period not to exceed ninety days, to any of the 35944
following:35945

       (1) A public institution, provided that commitment of the 35946
respondent to the institution will not cause the institution to 35947
exceed its licensed capacity determined in accordance with section 35948
5123.19 of the Revised Code and provided that such a placement is 35949
indicated by the comprehensive evaluation report filed pursuant to 35950
section 5123.71 of the Revised Code;35951

       (2) A private institution;35952

       (3) A county mental retardation program;35953

       (4) Receive private habilitation and care;35954

       (5) Any other suitable facility, program, or the care of any 35955
person consistent with the comprehensive evaluation, assessment, 35956
diagnosis, prognosis, and habilitation needs of the respondent.35957

       (D) Any order made pursuant to division (C)(2), (4), or (5) 35958
of this section shall be conditional upon the receipt by the court 35959
of consent by the facility, program, or person to accept the 35960
respondent.35961

       (E) In determining the place to which, or the person with 35962
whom, the respondent is to be committed, the court shall consider 35963
the comprehensive evaluation, assessment, diagnosis, and projected 35964
habilitation plan for the respondent, and shall order the 35965
implementation of the least restrictive alternative available and 35966
consistent with habilitation goals.35967

       (F) If, at any time it is determined by the director of the 35968
facility or program to which, or the person to whom, the 35969
respondent is committed that the respondent could be equally well 35970
habilitated in a less restrictive environment that is available, 35971
the following shall occur:35972

       (1) The respondent shall be released by the director of the 35973
facility or program or by the person forthwith and referred to the 35974
court together with a report of the findings and recommendations 35975
of the facility, program, or person.35976

       (2) The director of the facility or program or the person 35977
shall notify the respondent's counsel and the designee of the 35978
director of developmental disabilities.35979

       (3) The court shall dismiss the case or order placement in 35980
the less restrictive environment.35981

       (G)(1) Except as provided in divisions (G)(2) and (3) of this 35982
section, any person who has been committed under this section may 35983
apply at any time during the ninety-day period for voluntary 35984
admission to an institution under section 5123.69 of the Revised 35985
Code. Upon admission of a voluntary resident, the managing officer 35986
immediately shall notify the court, the respondent's counsel, and 35987
the designee of the director in writing of that fact by mail or 35988
otherwise, and, upon receipt of the notice, the court shall 35989
dismiss the case.35990

       (2) A person who is found incompetent to stand trial or not 35991
guilty by reason of insanity and who is committed pursuant to 35992
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised 35993
Code shall not be voluntarily admitted to an institution pursuant 35994
to division (G)(1) of this section until after the termination of 35995
the commitment, as described in division (J) of section 2945.401 35996
of the Revised Code.35997

       (H) If, at the end of any commitment period, the respondent 35998
has not already been discharged or has not requested voluntary 35999
admission status, the director of the facility or program, or the 36000
person to whose care the respondent has been committed, shall 36001
discharge the respondent forthwith, unless at least ten days 36002
before the expiration of that period the designee of the director 36003
of developmental disabilities or the prosecutor files an 36004
application with the court requesting continued commitment.36005

       (1) An application for continued commitment shall include a 36006
written report containing a current comprehensive evaluation and 36007
assessment, a diagnosis, a prognosis, an account of progress and 36008
past habilitation, and a description of alternative habilitation 36009
settings and plans, including a habilitation setting that is the 36010
least restrictive setting consistent with the need for 36011
habilitation. A copy of the application shall be provided to 36012
respondent's counsel. The requirements for notice under section 36013
5123.73 of the Revised Code and the provisions of divisions (A) to 36014
(E) of this section apply to all hearings on such applications.36015

       (2) A hearing on the first application for continued 36016
commitment shall be held at the expiration of the first ninety-day 36017
period. The hearing shall be mandatory and may not be waived.36018

       (3) Subsequent periods of commitment not to exceed one 36019
hundred eighty days each may be ordered by the court if the 36020
designee of the director of developmental disabilities files an 36021
application for continued commitment, after a hearing is held on 36022
the application or without a hearing if no hearing is requested 36023
and no hearing required under division (H)(4) of this section is 36024
waived. Upon the application of a person involuntarily committed 36025
under this section, supported by an affidavit of a licensed 36026
physician alleging that the person is no longer a mentally 36027
retarded person subject to institutionalization by court order, 36028
the court for good cause shown may hold a full hearing on the 36029
person's continued commitment prior to the expiration of any 36030
subsequent period of commitment set by the court.36031

       (4) A mandatory hearing shall be held at least every two 36032
years after the initial commitment.36033

       (5) If the court, after a hearing upon a request to continue 36034
commitment, finds that the respondent is a mentally retarded 36035
person subject to institutionalization by court order, the court 36036
may make an order pursuant to divisions (C), (D), and (E) of this 36037
section.36038

       (I) Notwithstanding the provisions of division (H) of this 36039
section, no person who is found to be a mentally retarded person 36040
subject to institutionalization by court order pursuant to 36041
division (O)(2) of section 5123.01 of the Revised Code shall be 36042
held under involuntary commitment for more than five years.36043

       (J) The managing officer admitting a person pursuant to a 36044
judicial proceeding, within ten working days of the admission, 36045
shall make a report of the admission to the department.36046

       Sec. 5123.89.  (A) As used in this section:36047

        (1) "Family" means a parent, brother, sister, spouse, son, 36048
daughter, grandparent, aunt, uncle, or cousin.36049

        (2) "Payment" means activities undertaken by a service 36050
provider or government entity to obtain or provide reimbursement 36051
for services provided to a person.36052

       (3) "Treatment" means the provision of services to a person, 36053
including the coordination or management of services provided to 36054
the person.36055

        (B) All certificates, applications, records, and reports made 36056
for the purpose of this chapter, other than court journal entries 36057
or court docket entries, which directly or indirectly identify a 36058
resident or former resident of an institution for the mentally 36059
retarded or person whose institutionalization has been sought 36060
under this chapter shall be kept confidential and shall not be 36061
disclosed by any person except in the following situations:36062

       (1) It is the judgment of the court for judicial records, and 36063
the managing officer for institution records, that disclosure is 36064
in the best interest of the person identified, and that person or 36065
that person's guardian or, if that person is a minor, that 36066
person's parent or guardian consents.36067

       (2) Disclosure is provided for in other sections of this 36068
chapter.36069

       (3) It is the judgment of the managing officer for 36070
institution records that disclosure to a mental health facility is 36071
in the best interest of the person identified.36072

       (4) Disclosure is of a record deposited with the Ohio 36073
historical society pursuant to division (C) of section 5123.31 of 36074
the Revised Code and the disclosure is made to the closest living 36075
relative of the person identified, on the relative's request.36076

       (B)(5) Disclosure is needed for the treatment of a person who 36077
is a resident or former resident of an institution for the 36078
mentally retarded or a person whose institutionalization has been 36079
sought under this chapter or is needed for the payment of services 36080
provided to the person.36081

       (C) The department of developmental disabilities shall adopt 36082
rules with respect to the systematic and periodic destruction of 36083
residents' records.36084

       (C)(1) As used in this division, "family" means a parent, 36085
brother, sister, spouse, son, daughter, grandparent, aunt, uncle, 36086
or cousin.36087

       (2)(D) Upon the death of a resident or former resident of an 36088
institution for the mentally retarded or a person whose 36089
institutionalization was sought under this chapter, the managing 36090
officer of an institution shall provide access to the 36091
certificates, applications, records, and reports made for the 36092
purposes of this chapter to the resident's, former resident's, or 36093
person's guardian if the guardian makes a written request. If a 36094
deceased resident, former resident, or person whose 36095
institutionalization was sought under this chapter did not have a 36096
guardian at the time of death, the managing officer shall provide 36097
access to the certificates, applications, records, and reports 36098
made for purposes of this chapter to a member of the person's 36099
family, upon that family member's written request.36100

       (D)(E) No person shall reveal the contents of a record of a 36101
resident except as authorized by this chapter.36102

       Sec. 5124.01.  As used in this chapter:36103

       (A) "Affiliated operator" means an operator affiliated with 36104
either of the following:36105

       (1) The exiting operator for whom the affiliated operator is 36106
to assume liability for the entire amount of the exiting 36107
operator's debt under the medicaid program or the portion of the 36108
debt that represents the franchise permit fee the exiting operator 36109
owes;36110

       (2) The entering operator involved in the change of operator 36111
with the exiting operator specified in division (A)(1) of this 36112
section.36113

       (B) "Allowable costs" means an ICF/IID's costs that the 36114
department of developmental disabilities determines are 36115
reasonable. Fines paid under section 5124.99 of the Revised Code 36116
are not allowable costs.36117

       (C) "Capital costs" means an ICF/IID's costs of ownership and 36118
costs of nonextensive renovation.36119

       (D) "Case-mix score" means the measure determined under 36120
section 5124.192 of the Revised Code of the relative direct-care 36121
resources needed to provide care and habilitation to an ICF/IID 36122
resident.36123

       (E) "Change of operator" means an entering operator becoming 36124
the operator of an ICF/IID in the place of the exiting operator.36125

       (1) Actions that constitute a change of operator include the 36126
following:36127

       (a) A change in an exiting operator's form of legal 36128
organization, including the formation of a partnership or 36129
corporation from a sole proprietorship;36130

       (b) A transfer of all the exiting operator's ownership 36131
interest in the operation of the ICF/IID to the entering operator, 36132
regardless of whether ownership of any or all of the real property 36133
or personal property associated with the ICF/IID is also 36134
transferred;36135

       (c) A lease of the ICF/IID to the entering operator or the 36136
exiting operator's termination of the exiting operator's lease;36137

       (d) If the exiting operator is a partnership, dissolution of 36138
the partnership;36139

       (e) If the exiting operator is a partnership, a change in 36140
composition of the partnership unless both of the following apply:36141

       (i) The change in composition does not cause the 36142
partnership's dissolution under state law.36143

       (ii) The partners agree that the change in composition does 36144
not constitute a change in operator.36145

       (f) If the operator is a corporation, dissolution of the 36146
corporation, a merger of the corporation into another corporation 36147
that is the survivor of the merger, or a consolidation of one or 36148
more other corporations to form a new corporation.36149

       (2) The following, alone, do not constitute a change of 36150
operator:36151

       (a) A contract for an entity to manage an ICF/IID as the 36152
operator's agent, subject to the operator's approval of daily 36153
operating and management decisions;36154

       (b) A change of ownership, lease, or termination of a lease 36155
of real property or personal property associated with an ICF/IID 36156
if an entering operator does not become the operator in place of 36157
an exiting operator;36158

       (c) If the operator is a corporation, a change of one or more 36159
members of the corporation's governing body or transfer of 36160
ownership of one or more shares of the corporation's stock, if the 36161
same corporation continues to be the operator.36162

       (F) "Cost center" means the following:36163

       (1) Capital costs;36164

       (2) Direct care costs;36165

       (3) Indirect care costs;36166

       (4) Other protected costs.36167

       (G) "Costs of nonextensive renovations" means the actual 36168
expense incurred by an ICF/IID for depreciation or amortization 36169
and interest on renovations that are not extensive renovations.36170

       (H)(1) "Costs of ownership" means the actual expenses 36171
incurred by an ICF/IID for all of the following:36172

       (a) Subject to division (H)(2) of this section, depreciation 36173
and interest on any capital assets that cost five hundred dollars 36174
or more per item, including the following:36175

       (i) Buildings;36176

       (ii) Building improvements that are not approved as 36177
nonextensive renovations under section 5124.17 of the Revised 36178
Code;36179

       (iii) Equipment;36180

       (iv) Extensive renovations;36181

       (v) Transportation equipment.36182

       (b) Amortization and interest on land improvements and 36183
leasehold improvements;36184

       (c) Amortization of financing costs;36185

       (d) Except as provided in division (Z) of this section, lease 36186
and rent of land, building, and equipment.36187

       (2) The costs of capital assets of less than five hundred 36188
dollars per item may be considered costs of ownership in 36189
accordance with an ICF/IID provider's practice.36190

       (I)(1) "Date of licensure" means the following:36191

       (a) In the case of an ICF/IID that was originally licensed as 36192
a nursing home under Chapter 3721. of the Revised Code, the date 36193
that it was originally so licensed, regardless that it was 36194
subsequently licensed as a residential facility under section 36195
5123.19 of the Revised Code;36196

       (b) In the case of an ICF/IID that was originally licensed as 36197
a residential facility under section 5123.19 of the Revised Code, 36198
the date it was originally so licensed;36199

       (c) In the case of an ICF/IID that was not required by law to 36200
be licensed as a nursing home or residential facility when it was 36201
originally operated as a residential facility, the date it first 36202
was operated as a residential facility, regardless of the date the 36203
ICF/IID was first licensed as a nursing home or residential 36204
facility.36205

       (2) If, after an ICF/IID's original date of licensure, more 36206
residential facility beds are added to the ICF/IID or all or part 36207
of the ICF/IID undergoes an extensive renovation, the ICF/IID has 36208
a different date of licensure for the additional beds or 36209
extensively renovated portion of the ICF/IID. This does not apply, 36210
however, to additional beds when both of the following apply:36211

       (a) The additional beds are located in a part of the ICF/IID 36212
that was constructed at the same time as the continuing beds 36213
already located in that part of the ICF/IID;.36214

       (b) The part of the ICF/IID in which the additional beds are 36215
located was constructed as part of the ICF/IID at a time when the 36216
ICF/IID was not required by law to be licensed as a nursing home 36217
or residential facility.36218

       (3) The definition of "date of licensure" in this section 36219
applies in determinations of ICFs/IID's medicaid payment rates but 36220
does not apply in determinations of ICFs/IID's franchise permit 36221
fees under sections 5168.60 to 5168.71 of the Revised Code.36222

       (J) "Desk-reviewed" means that an ICF/IID's costs as reported 36223
on a cost report filed under section 5124.10 or 5124.101 of the 36224
Revised Code have been subjected to a desk review under section 36225
5124.108 of the Revised Code and preliminarily determined to be 36226
allowable costs.36227

       (K) "Developmental center" means a residential facility that 36228
is maintained and operated by the department of developmental 36229
disabilities.36230

       (L) "Direct care costs" means all of the following costs 36231
incurred by an ICF/IID:36232

       (1) Costs for registered nurses, licensed practical nurses, 36233
and nurse aides employed by the ICF/IID;36234

       (2) Costs for direct care staff, administrative nursing 36235
staff, medical directors, respiratory therapists, physical 36236
therapists, physical therapy assistants, occupational therapists, 36237
occupational therapy assistants, speech therapists, audiologists, 36238
habilitation staff (including habilitation supervisors), qualified 36239
intellectual disability professionals, program directors, social 36240
services staff, activities staff, off-site day programming, 36241
psychologists, psychology assistants, social workers, counselors, 36242
and other persons holding degrees qualifying them to provide 36243
therapy;36244

       (3) Costs of purchased nursing services;36245

       (4) Costs of training and staff development, employee 36246
benefits, payroll taxes, and workers' compensation premiums or 36247
costs for self-insurance claims and related costs as specified in 36248
rules adopted under section 5124.03 of the Revised Code, for 36249
personnel listed in divisions (L)(1), (2), and (3) of this 36250
section;36251

       (5) Costs of quality assurance;36252

       (6) Costs of consulting and management fees related to direct 36253
care;36254

       (7) Allocated direct care home office costs;36255

       (8) Costs of other direct-care resources that are specified 36256
as direct care costs in rules adopted under section 5124.03 of the 36257
Revised Code.36258

       (M) "Downsized ICF/IID" means an ICF/IID that permanently 36259
reduced its medicaid-certified capacity pursuant to a plan 36260
approved by the department of developmental disabilities under 36261
section 5123.042 of the Revised Code.36262

       (N) "Effective date of a change of operator" means the day 36263
the entering operator becomes the operator of the ICF/IID.36264

       (O) "Effective date of a facility closure" means the last day 36265
that the last of the residents of the ICF/IID resides in the 36266
ICF/IID.36267

       (P) "Effective date of an involuntary termination" means the 36268
date the department of medicaid terminates the operator's provider 36269
agreement for the ICF/IID or the last day that such a provider 36270
agreement is in effect when the department cancels or refuses to 36271
revalidate it.36272

       (Q) "Effective date of a voluntary termination" means the day 36273
the ICF/IID ceases to accept medicaid recipients.36274

       (R) "Entering operator" means the person or government entity 36275
that will become the operator of an ICF/IID when a change of 36276
operator occurs or following an involuntary termination.36277

       (S) "Exiting operator" means any of the following:36278

       (1) An operator that will cease to be the operator of an 36279
ICF/IID on the effective date of a change of operator;36280

       (2) An operator that will cease to be the operator of an 36281
ICF/IID on the effective date of a facility closure;36282

       (3) An operator of an ICF/IID that is undergoing or has 36283
undergone a voluntary termination;36284

       (4) An operator of an ICF/IID that is undergoing or has 36285
undergone an involuntary termination.36286

       (T)(1) "Extensive renovation" means the following:36287

       (a) An ICF/IID's betterment, improvement, or restoration to 36288
which both of the following apply:36289

       (i) It was started before July 1, 1993;.36290

       (ii) It meets the definition of "extensive renovation" 36291
established in rules that were adopted by the director of job and 36292
family services and in effect on December 22, 1992.36293

       (b) An ICF/IID's betterment, improvement, or restoration to 36294
which all of the following apply:36295

       (i) It was started on or after July 1, 1993;.36296

       (ii) Except as provided in division (T)(2) of this section, 36297
it costs more than sixty-five per cent and not more than 36298
eighty-five per cent of the cost of constructing a new bed;.36299

       (iii) It extends the useful life of the assets for at least 36300
ten years.36301

       (2) The department of developmental disabilities may treat a 36302
renovation that costs more than eighty-five per cent of the cost 36303
of constructing new beds as an extensive renovation if the 36304
department determines that the renovation is more prudent than 36305
construction of new beds.36306

       (3) For the purpose of division (T)(1)(b)(ii) of this 36307
section, the cost of constructing a new bed shall be considered to 36308
be forty thousand dollars, adjusted for the estimated rate of 36309
inflation from January 1, 1993, to the end of the calendar year 36310
during which the extensive renovation is completed, using the 36311
consumer price index for shelter costs for all urban consumers for 36312
the north central region, as published by the United States bureau 36313
of labor statistics.36314

       (U)(1) Subject to divisions (U)(2) and (3) of this section, 36315
"facility closure" means either of the following:36316

       (a) Discontinuance of the use of the building, or part of the 36317
building, that houses the facility as an ICF/IID that results in 36318
the relocation of all of the facility's residents;36319

       (b) Conversion of the building, or part of the building, that 36320
houses an ICF/IID to a different use with any necessary license or 36321
other approval needed for that use being obtained and one or more 36322
of the facility's residents remaining in the facility to receive 36323
services under the new use. 36324

       (2) A facility closure occurs regardless of any of the 36325
following:36326

       (a) The operator completely or partially replacing the 36327
ICF/IID by constructing a new ICF/IID or transferring the 36328
ICF/IID's license to another ICF/IID;36329

       (b) The ICF/IID's residents relocating to another of the 36330
operator's ICFs/IID;36331

       (c) Any action the department of health takes regarding the 36332
ICF/IID's medicaid certification that may result in the transfer 36333
of part of the ICF/IID's survey findings to another of the 36334
operator's ICFs/IID;36335

       (d) Any action the department of developmental disabilities 36336
takes regarding the ICF/IID's license under section 5123.19 of the 36337
Revised Code.36338

       (3) A facility closure does not occur if all of the ICF/IID's 36339
residents are relocated due to an emergency evacuation and one or 36340
more of the residents return to a medicaid-certified bed in the 36341
ICF/IID not later than thirty days after the evacuation occurs.36342

       (V) "Fiscal year" means the fiscal year of this state, as 36343
specified in section 9.34 of the Revised Code.36344

       (W) "Franchise permit fee" means the fee imposed by sections 36345
5168.60 to 5168.71 of the Revised Code.36346

       (X) "Home and community-based services" has the same meaning 36347
as in section 5123.01 of the Revised Code.36348

       (Y) "ICF/IID services" has the same meaning as in 42 C.F.R. 36349
440.150.36350

       (Z)(1) "Indirect care costs" means all reasonable costs 36351
incurred by an ICF/IID other than capital costs, direct care 36352
costs, and other protected costs. "Indirect care costs" includes 36353
costs of habilitation supplies, pharmacy consultants, medical and 36354
habilitation records, program supplies, incontinence supplies, 36355
food, enterals, dietary supplies and personnel, laundry, 36356
housekeeping, security, administration, liability insurance, 36357
bookkeeping, purchasing department, human resources, 36358
communications, travel, dues, license fees, subscriptions, home 36359
office costs not otherwise allocated, legal services, accounting 36360
services, minor equipment, maintenance and repair expenses, 36361
help-wanted advertising, informational advertising, start-up 36362
costs, organizational expenses, other interest, property 36363
insurance, employee training and staff development, employee 36364
benefits, payroll taxes, and workers' compensation premiums or 36365
costs for self-insurance claims and related costs, as specified in 36366
rules adopted under section 5124.03 of the Revised Code, for 36367
personnel listed in this division. Notwithstanding division (H) of 36368
this section, "indirect care costs" also means the cost of 36369
equipment, including vehicles, acquired by operating lease 36370
executed before December 1, 1992, if the costs are reported as 36371
administrative and general costs on the ICF/IID's cost report for 36372
the cost reporting period ending December 31, 1992.36373

       (2) For the purpose of division (Z)(1) of this section, an 36374
operating lease shall be construed in accordance with generally 36375
accepted accounting principles.36376

       (AA) "Inpatient days" means both of the following:36377

       (1) All days during which a resident, regardless of payment 36378
source, occupies a bed in an ICF/IID that is included in the 36379
ICF/IID's medicaid-certified capacity;36380

       (2) All days for which payment is made under section 5124.34 36381
of the Revised Code.36382

       (BB) "Intermediate care facility for individuals with 36383
intellectual disabilities" and "ICF/IID" mean an intermediate care 36384
facility for the mentally retarded as defined in the "Social 36385
Security Act," section 1905(d), 42 U.S.C. 1396d(d).36386

       (CC) "Involuntary termination" means the department of 36387
medicaid's termination of, cancellation of, or refusal to 36388
revalidate the operator's provider agreement for the ICF/IID when 36389
such action is not taken at the operator's request.36390

       (DD) "Maintenance and repair expenses" means, except as 36391
provided in division (TT)(2)(b) of this section, expenditures that 36392
are necessary and proper to maintain an asset in a normally 36393
efficient working condition and that do not extend the useful life 36394
of the asset two years or more. "Maintenance and repair expenses" 36395
includes the costs of ordinary repairs such as painting and 36396
wallpapering.36397

       (EE) "Medicaid-certified capacity" means the number of an 36398
ICF/IID's beds that are certified for participation in medicaid as 36399
ICF/IID beds.36400

       (FF) "Medicaid days" means both of the following:36401

       (1) All days during which a resident who is a medicaid 36402
recipient eligible for ICF/IID services occupies a bed in an 36403
ICF/IID that is included in the ICF/IID's medicaid-certified 36404
capacity;36405

       (2) All days for which payment is made under section 5124.34 36406
of the Revised Code. 36407

       (GG)(1) "New ICF/IID" means an ICF/IID for which the provider 36408
obtains an initial provider agreement following the director of 36409
health's medicaid certification of the ICF/IID, including such an 36410
ICF/IID that replaces one or more ICFs/IID for which a provider 36411
previously held a provider agreement.36412

       (2) "New ICF/IID" does not mean either of the following:36413

       (a) An ICF/IID for which the entering operator seeks a 36414
provider agreement pursuant to section 5124.511 or 5124.512 or 36415
(pursuant to section 5124.515) section 5124.07 of the Revised 36416
Code;36417

       (b) A downsized ICF/IID or partially converted ICF/IID.36418

       (HH) "Nursing home" has the same meaning as in section 36419
3721.01 of the Revised Code.36420

       (II) "Operator" means the person or government entity 36421
responsible for the daily operating and management decisions for 36422
an ICF/IID.36423

       (JJ) "Other protected costs" means costs incurred by an 36424
ICF/IID for medical supplies; real estate, franchise, and property 36425
taxes; natural gas, fuel oil, water, electricity, sewage, and 36426
refuse and hazardous medical waste collection; allocated other 36427
protected home office costs; and any additional costs defined as 36428
other protected costs in rules adopted under section 5124.03 of 36429
the Revised Code.36430

       (KK)(1) "Owner" means any person or government entity that 36431
has at least five per cent ownership or interest, either directly, 36432
indirectly, or in any combination, in any of the following 36433
regarding an ICF/IID:36434

       (a) The land on which the ICF/IID is located;36435

       (b) The structure in which the ICF/IID is located;36436

       (c) Any mortgage, contract for deed, or other obligation 36437
secured in whole or in part by the land or structure on or in 36438
which the ICF/IID is located;36439

       (d) Any lease or sublease of the land or structure on or in 36440
which the ICF/IID is located.36441

       (2) "Owner" does not mean a holder of a debenture or bond 36442
related to an ICF/IID and purchased at public issue or a regulated 36443
lender that has made a loan related to the ICF/IID unless the 36444
holder or lender operates the ICF/IID directly or through a 36445
subsidiary.36446

       (LL) "Partially converted ICF/IID" means an ICF/IID that 36447
converted some, but not all, of its beds to providing home and 36448
community-based services under the individual options waiver 36449
pursuant to section 5124.60 or 5124.61 of the Revised Code. 36450

       (MM)(1) Except as provided in divisions (MM)(2) and (3) of 36451
this section, "per diem" means an ICF/IID's desk-reviewed, actual, 36452
allowable costs in a given cost center in a cost reporting period, 36453
divided by the facility's inpatient days for that cost reporting 36454
period.36455

       (2) When determining capital costs for the purpose of section 36456
5124.17 of the Revised Code, "per diem" means an ICF/IID's actual, 36457
allowable capital costs in a cost-reportingcost reporting period 36458
divided by the greater of the facility's inpatient days for that 36459
period or the number of inpatient days the ICF/IID would have had 36460
during that period if its occupancy rate had been ninety-five per 36461
cent.36462

       (3) When determining indirect care costs for the purpose of 36463
section 5124.21 of the Revised Code, "per diem" means an ICF/IID's 36464
actual, allowable indirect care costs in a cost-reportingcost 36465
reporting period divided by the greater of the ICF/IID's inpatient 36466
days for that period or the number of inpatient days the ICF/IID 36467
would have had during that period if its occupancy rate had been 36468
eighty-five per cent.36469

       (NN) "Provider" means an operator with a valid provider 36470
agreement.36471

       (OO) "Provider agreement" means a provider agreement, as 36472
defined in section 5164.01 of the Revised Code, that is between 36473
the department of medicaid and the operator of an ICF/IID for the 36474
provision of ICF/IID services under the medicaid program.36475

       (PP) "Purchased nursing services" means services that are 36476
provided in an ICF/IID by registered nurses, licensed practical 36477
nurses, or nurse aides who are not employees of the ICF/IID.36478

       (QQ) "Reasonable" means that a cost is an actual cost that is 36479
appropriate and helpful to develop and maintain the operation of 36480
resident care facilities and activities, including normal standby 36481
costs, and that does not exceed what a prudent buyer pays for a 36482
given item or services. Reasonable costs may vary from provider to 36483
provider and from time to time for the same provider.36484

       (RR) "Related party" means an individual or organization 36485
that, to a significant extent, has common ownership with, is 36486
associated or affiliated with, has control of, or is controlled 36487
by, a provider.36488

       (1) An individual who is a relative of an owner is a related 36489
party.36490

       (2) Common ownership exists when an individual or individuals 36491
possess significant ownership or equity in both the provider and 36492
the other organization. Significant ownership or equity exists 36493
when an individual or individuals possess five per cent ownership 36494
or equity in both the provider and a supplier. Significant 36495
ownership or equity is presumed to exist when an individual or 36496
individuals possess ten per cent ownership or equity in both the 36497
provider and another organization from which the provider 36498
purchases or leases real property.36499

       (3) Control exists when an individual or organization has the 36500
power, directly or indirectly, to significantly influence or 36501
direct the actions or policies of an organization.36502

       (4) An individual or organization that supplies goods or 36503
services to a provider shall not be considered a related party if 36504
all of the following conditions are met:36505

       (a) The supplier is a separate bona fide organization.36506

       (b) A substantial part of the supplier's business activity of 36507
the type carried on with the provider is transacted with others 36508
than the provider and there is an open, competitive market for the 36509
types of goods or services the supplier furnishes.36510

       (c) The types of goods or services are commonly obtained by 36511
other ICFs/IID from outside organizations and are not a basic 36512
element of resident care ordinarily furnished directly to 36513
residents by the ICFs/IID.36514

       (d) The charge to the provider is in line with the charge for 36515
the goods or services in the open market and no more than the 36516
charge made under comparable circumstances to others by the 36517
supplier.36518

       (SS) "Relative of owner" means an individual who is related 36519
to an owner of an ICF/IID by one of the following relationships:36520

       (1) Spouse;36521

       (2) Natural parent, child, or sibling;36522

       (3) Adopted parent, child, or sibling;36523

       (4) Stepparent, stepchild, stepbrother, or stepsister;36524

       (5) Father-in-law, mother-in-law, son-in-law, 36525
daughter-in-law, brother-in-law, or sister-in-law;36526

       (6) Grandparent or grandchild;36527

       (7) Foster caregiver, foster child, foster brother, or foster 36528
sister.36529

       (TT)(1) "Renovation" means the following:36530

       (a) An ICF/IID's betterment, improvement, or restoration to 36531
which both of the following apply:36532

       (i) It was started before July 1, 1993;.36533

       (ii) It meets the definition of "renovation" established in 36534
rules that were adopted by the director of job and family services 36535
and in effect on December 22, 1992.36536

       (b) An ICF/IID's betterment, improvement, or restoration to 36537
which both of the following apply:36538

       (i) It was started on or after July 1, 1993;.36539

       (ii) It betters, improves, or restores the ICF/IID beyond its 36540
current functional capacity through a structural change that costs 36541
at least five hundred dollars per bed.36542

       (2) A renovation started on or after July 1, 1993, may 36543
include both of the following:36544

       (a) A betterment, improvement, restoration, or replacement of 36545
assets that are affixed to a building and have a useful life of at 36546
least five years;36547

       (b) Costs that otherwise would be considered maintenance and 36548
repair expenses if they are an integral part of the structural 36549
change that makes up the renovation project.36550

       (3) "Renovation" does not mean construction of additional 36551
space for beds that will be added to an ICF/IID's licensed 36552
capacity or medicaid-certified capacity.36553

       (UU) "Residential facility" has the same meaning as in 36554
section 5123.19 of the Revised Code.36555

       (VV) "Sponsor" means an adult relative, friend, or guardian 36556
of an ICF/IID resident who has an interest or responsibility in 36557
the resident's welfare.36558

       (WW) "Title XIX" means Title XIX of the "Social Security 36559
Act," 42 U.S.C. 1396, et seq.36560

       (XX) "Title XVIII" means Title XVIII of the "Social Security 36561
Act," 42 U.S.C. 1395, et seq.36562

       (YY) "Voluntary termination" means an operator's voluntary 36563
election to terminate the participation of an ICF/IID in the 36564
medicaid program but to continue to provide service of the type 36565
provided by a residential facility as defined in section 5123.19 36566
of the Revised Code.36567

       Sec. 5124.106. (A) If an ICF/IID provider required by 36568
section 5124.10 of the Revised Code to file a cost report for the 36569
ICF/IID fails to file the cost report by the date it is due or the 36570
date, if any, to which the due date is extended pursuant to 36571
division (E) of that section, or files an incomplete or inadequate 36572
report for the ICF/IID under that section, the department of 36573
developmental disabilities shall provide immediatedo both of the 36574
following:36575

       (1) Give written notice to the provider that the provider 36576
agreement for the ICF/IID will be terminated in thirty days unless 36577
the provider submits a complete and adequate cost report for the 36578
ICF/IID within thirty days. During the thirty-day termination 36579
period or any additional time allowed for an appeal of the 36580
proposed termination of a provider agreement, the provider shall 36581
be paid the ICF/IID's then current per medicaid day payment rate, 36582
minus the dollar amount by which ICFs/IID's per medicaid day 36583
payment rates are reduced during fiscal year 2013 in accordance 36584
with division (A)(2) of section 5111.26 of the Revised Code 36585
(renumbered as section 5165.10 of the Revised Code by H.B. 59 of 36586
the 130th general assembly) as that section existed on the day 36587
immediately preceding the effective date of this section. On the 36588
first day of each July, the department shall adjust the amount of 36589
the reduction in effect during the previous twelve months to 36590
reflect the rate of inflation during the preceding twelve months;36591

       (2) Reduce the per medicaid day payment rate for the 36592
provider's ICF/IID by the amount specified in division (B) of this 36593
section for the period of time specified in division (C) of this 36594
section.36595

       (B) For the purpose of division (A)(2) of this section, an 36596
ICF/IID's per medicaid day payment rate shall be reduced by the 36597
following amount:36598

       (1) In the case of a reduction made during the period 36599
beginning on the effective date of this amendment and ending on 36600
the first day of the first fiscal year beginning after the 36601
effective date of this amendment, two dollars;36602

       (2) In the case of a reduction made during the first fiscal 36603
year beginning after the effective date of this amendment and each 36604
fiscal year thereafter, the amount of the reduction in effect on 36605
the last day of the fiscal year immediately preceding the fiscal 36606
year in which the reduction is made adjusted by the rate of 36607
inflation during that immediately preceding fiscal year, as shown 36608
in the consumer price index for all items for all urban consumers 36609
for the midwest region, published by the United States bureau of 36610
labor statistics.36611

       (C) The period of time that an ICF/IID's per medicaid day 36612
payment rate is reduced under this section shall begin and end as 36613
follows:36614

       (1) The period shall begin on the following date:36615

       (a) The day immediately following the date the cost report is 36616
due or to which the due date is extended, as applicable, if the 36617
reduction is made because the provider fails to file a cost report 36618
by that date;36619

       (b) The day the department gives the provider written notice 36620
under division (A)(1) of this section of the proposed provider 36621
agreement termination, if the reduction is made because the 36622
provider files an incomplete or inadequate cost report.36623

       (2) The period shall end on the last day of the thirty-day 36624
period specified in the notice given under division (A)(1) of this 36625
section or any additional period allowed for an appeal of the 36626
proposed provider agreement termination.36627

       Sec. 5124.21.  (A) For each fiscal year, the department of 36628
developmental disabilities shall determine each ICF/IID's per 36629
medicaid day payment rate for indirect care costs. Except as 36630
otherwise provided in this chapter, an ICF/IID's rate shall be 36631
determined prospectively. Subject to section 5124.28 of the 36632
Revised Code, an ICF/IID's rate shall be the lesser of the 36633
individual rate determined under division (B) of this section and 36634
the maximum rate determined for the ICF/IID's peer group under 36635
division (C) of this section.36636

       (B) An ICF/IID's individual rate is the sum of the following:36637

       (1) The ICF/IID's desk-reviewed, actual, allowable, per diem 36638
indirect care costs from the calendar year immediately preceding 36639
the fiscal year in which the rate will be paid, adjusted for the 36640
inflation rate estimated under division (D)(E)(1) of this section;36641

       (2) If the ICF/IID has more than eight bedsSubject to 36642
division (D) of this section, an efficiency incentive in the 36643
following amount:36644

       (a) For fiscal year 2014, seven and one-tenth per cent of the 36645
maximum rate established for the ICF/IID's peer group under 36646
division (C) of this section;36647

        (b) For fiscal year 2015, the following amount:36648

       (i) The amount calculated for fiscal year 2014 under division 36649
(B)(2)(a) of this section if the provider of the ICF/IID obtains 36650
the department's approval to become a downsized ICF/IID and the 36651
approval is conditioned on the downsizing being completed not 36652
later than July 1, 2018;36653

       (ii) One-half of the amount calculated for fiscal year 2014 36654
under division (B)(2)(a) of this section if division (B)(2)(b)(i) 36655
of this section does not apply to the ICF/IIDequal to the 36656
difference between the amount of the per diem indirect care costs 36657
determined for the ICF/IID under division (B)(1) of this section 36658
for the fiscal year in which the rate will be paid and the maximum 36659
rate established for the ICF/IID's peer group under division (C) 36660
of this section for that fiscal year.36661

       (c) For fiscal year 2016 and each fiscal year thereafter 36662
ending in an even-numbered calendar year, the following 36663
percentages of the maximum rate established for the ICF/IID's peer 36664
group under division (C) of this section:36665

       (i) Seven and one-tenth per cent if the provider of the 36666
ICF/IID obtains the department's approval to become a downsized 36667
ICF/IID and the approval is conditioned on the downsizing being 36668
completed not later than July 1, 2018;36669

       (ii) Three and fifty-five hundredths per cent if division 36670
(B)(2)(c)(i) of this section does not apply to the ICF/IID.36671

        (d) For fiscal year 2017 and each fiscal year thereafter 36672
ending in an odd-numbered calendar year, the amount calculated for 36673
the immediately preceding fiscal year under division (B)(2)(c) of 36674
this section.36675

        (3) If the ICF/IID has eight or fewer beds, an efficiency 36676
incentive in the following amount:36677

       (a) For each fiscal year ending in an even-numbered calendar 36678
year, seven per cent of the maximum rate established for the 36679
ICF/IID's peer group under division (C) of this section;36680

       (b) For each fiscal year ending in an odd-numbered calendar 36681
year, the amount calculated for the immediately preceding fiscal 36682
year under division (B)(3)(a) of this section.36683

       (C)(1) The maximum rate for indirect care costs for each peer 36684
group of ICFs/IID with more than eight beds shall be determined as 36685
follows:36686

       (a) For each fiscal year ending in an even-numbered calendar 36687
year, the maximum rate for each such peer group shall be the rate 36688
that is no less than twelve and four-tenths per cent above the 36689
median desk-reviewed, actual, allowable, per diem indirect care 36690
cost for all ICFs/IID in the peer group (excluding ICFs/IID in the 36691
peer group whose indirect care costs for that period are more than 36692
three standard deviations from the mean desk-reviewed, actual, 36693
allowable, per diem indirect care cost for all ICFs/IID with more 36694
than eight beds) for the calendar year immediately preceding the 36695
fiscal year in which the rate will be paid, adjusted by the 36696
inflation rate estimated under division (D)(E)(1) of this section.36697

       (b) For each fiscal year ending in an odd-numbered calendar 36698
year, the maximum rate for each such peer group is the peer 36699
group's maximum rate for the previous fiscal year, adjusted for 36700
the inflation rate estimated under division (D)(E)(2) of this 36701
section.36702

       (2) The maximum rate for indirect care costs for each peer 36703
group of ICFs/IID with eight or fewer beds shall be determined as 36704
follows:36705

       (a) For each fiscal year ending in an even-numbered calendar 36706
year, the maximum rate for each such peer group shall be the rate 36707
that is no less than ten and three-tenths per cent above the 36708
median desk-reviewed, actual, allowable, per diem indirect care 36709
cost for all ICFs/IID in the peer group (excluding ICFs/IID in the 36710
peer group whose indirect care costs are more than three standard 36711
deviations from the mean desk-reviewed, actual, allowable, per 36712
diem indirect care cost for all ICFs/IID with eight or fewer beds) 36713
for the calendar year immediately preceding the fiscal year in 36714
which the rate will be paid, adjusted by the inflation rate 36715
estimated under division (D)(E)(1) of this section.36716

       (b) For each fiscal year ending in an odd-numbered calendar 36717
year, the maximum rate for each such peer group is the peer 36718
group's maximum rate for the previous fiscal year, adjusted for 36719
the inflation rate estimated under division (D)(E)(2) of this 36720
section.36721

       (3) The department shall not redetermine a maximum rate for 36722
indirect care costs under division (C)(1) or (2) of this section 36723
based on additional information that it receives after the maximum 36724
rate is set. The department shall redetermine the maximum rate for 36725
indirect care costs only if it made an error in computing the 36726
maximum rate based on the information available to the department 36727
at the time of the original calculation.36728

       (D)(1) The efficiency incentive for an ICF/IID with more than 36729
eight beds shall not exceed the following:36730

       (a) For fiscal year 2014, seven and one-tenth per cent of the 36731
maximum rate established for the ICF/IID's peer group under 36732
division (C) of this section;36733

        (b) For fiscal year 2015, the following amount:36734

        (i) The amount calculated for fiscal year 2014 under division 36735
(D)(1)(a) of this section if the provider of the ICF/IID obtains 36736
the department's approval to become a downsized ICF/IID and the 36737
approval is conditioned on the downsizing being completed not 36738
later than July 1, 2018;36739

        (ii) One-half of the amount calculated for fiscal year 2014 36740
under division (D)(1)(a) of this section if division (D)(1)(b)(i) 36741
of this section does not apply to the ICF/IID.36742

       (c) For fiscal year 2016 and each fiscal year thereafter 36743
ending in an even-numbered calendar year, the following 36744
percentages of the maximum rate established for the ICF/IID's peer 36745
group under division (C) of this section:36746

       (i) Seven and one-tenth per cent if the provider of the 36747
ICF/IID obtains the department's approval to become a downsized 36748
ICF/IID and the approval is conditioned on the downsizing being 36749
completed not later than July 1, 2018;36750

        (ii) Three and fifty-five hundredths per cent if division 36751
(D)(1)(c)(i) of this section does not apply to the ICF/IID.36752

        (d) For fiscal year 2017 and each fiscal year thereafter 36753
ending in an odd-numbered calendar year, the amount calculated for 36754
the immediately preceding fiscal year under division (D)(1)(c) of 36755
this section.36756

        (2) The efficiency incentive for an ICF/IID with eight or 36757
fewer beds shall not exceed the following:36758

        (a) For each fiscal year ending in an even-numbered calendar 36759
year, seven per cent of the maximum rate established for the 36760
ICF/IID's peer group under division (C) of this section;36761

        (b) For each fiscal year ending in an odd-numbered calendar 36762
year, the amount calculated for the immediately preceding fiscal 36763
year under division (D)(2)(a) of this section.36764

        (E)(1) When adjusting rates for inflation under divisions 36765
(B)(1), (C)(1)(a), and (C)(2)(a) of this section, the department 36766
shall estimate the rate of inflation for the eighteen-month period 36767
beginning on the first day of July of the calendar year 36768
immediately preceding the fiscal year in which the rate will be 36769
paid and ending on the thirty-first day of December of the fiscal 36770
year in which the rate will be paid. To estimate the rate of 36771
inflation, the department shall use the following:36772

       (a) Subject to division (D)(E)(1)(b) of this section, the 36773
consumer price index for all items for all urban consumers for the 36774
midwest region, published by the United States bureau of labor 36775
statistics;36776

       (b) If the United States bureau of labor statistics ceases to 36777
publish the index specified in division (D)(E)(1)(a) of this 36778
section, a comparable index that the bureau publishes and the 36779
department determines is appropriate.36780

       (2) When adjusting rates for inflation under divisions 36781
(C)(1)(b) and (C)(2)(b) of this section, the department shall 36782
estimate the rate of inflation for the twelve-month period 36783
beginning on the first day of January of the fiscal year 36784
immediately preceding the fiscal year in which the rate will be 36785
paid and ending on the thirty-first day of December of the fiscal 36786
year in which the rate will be paid. To estimate the rate of 36787
inflation, the department shall use the following:36788

       (a) Subject to division (D)(E)(2)(b) of this section, the 36789
consumer price index for all items for all urban consumers for the 36790
midwest region, published by the United States bureau of labor 36791
statistics;36792

       (b) If the United States bureau of labor statistics ceases to 36793
publish the index specified in division (D)(E)(2)(a) of this 36794
section, a comparable index that the bureau publishes and the 36795
department determines is appropriate.36796

       (3) If an inflation rate estimated under division (D)(E)(1) 36797
or (2) of this section is different from the actual inflation rate 36798
for the relevant time period, as measured using the same index, 36799
the difference shall be added to or subtracted from the inflation 36800
rate estimated pursuant to this division for the following fiscal 36801
year.36802

       (E)(F) The director of developmental disabilities shall adopt 36803
rules under section 5124.03 of the Revised Code that specify peer 36804
groups of ICFs/IID with more than eight beds and peer groups of 36805
ICFs/IID with eight or fewer beds, based on findings of 36806
significant per diem indirect care cost differences due to 36807
geography and bed-size. The rules also may specify peer groups 36808
based on findings of significant per diem indirect care cost 36809
differences due to other factors, including case-mix.36810

       Sec. 5124.60.  (A) For the purpose of increasing the number 36811
of slots available for home and community-based services and 36812
subject to sections 5124.63 and 5124.64 of the Revised Code, the 36813
operator of an ICF/IID may convert some or all of the beds in the 36814
ICF/IID from providing ICF/IID services to providing home and 36815
community-based services if all of the following requirements are 36816
met:36817

       (1) The operator provides the directors of health and 36818
developmental disabilities at least ninety days' notice of the 36819
operator's intent to make the conversion.36820

       (2) The operator complies with the requirements of sections 36821
5124.50 to 5124.53 of the Revised Code regarding a voluntary 36822
termination if those requirements are applicable.36823

       (3) If the operator intends to convert all of the ICF/IID's 36824
beds, the operator notifies each of the ICF/IID's residents that 36825
the ICF/IID is to cease providing ICF/IID services and inform each 36826
resident that the resident may do either of the following:36827

       (a) Continue to receive ICF/IID services by transferring to 36828
another ICF/IID that is willing and able to accept the resident if 36829
the resident continues to qualify for ICF/IID services;36830

       (b) Begin to receive home and community-based services 36831
instead of ICF/IID services from any provider of home and 36832
community-based services that is willing and able to provide the 36833
services to the resident if the resident is eligible for the 36834
services and a slot for the services is available to the resident.36835

       (4) If the operator intends to convert some but not all of 36836
the ICF/IID's beds, the operator notifies each of the ICF/IID's 36837
residents that the ICF/IID is to convert some of its beds from 36838
providing ICF/IID services to providing home and community-based 36839
services and inform each resident that the resident may do either 36840
of the following:36841

       (a) Continue to receive ICF/IID services from any ICF/IID 36842
that is willing and able to provide the services to the resident 36843
if the resident continues to qualify for ICF/IID services;36844

       (b) Begin to receive home and community-based services 36845
instead of ICF/IID services from any provider of home and 36846
community-based services that is willing and able to provide the 36847
services to the resident if the resident is eligible for the 36848
services and a slot for the services is available to the resident.36849

       (5) The operator meets the requirements for providing home 36850
and community-based services, including the following:36851

       (a) Such requirements applicable to a residential facility if 36852
the operator maintains the facility's license as a residential 36853
facility;36854

       (b) Such requirements applicable to a facility that is not 36855
licensed as a residential facility if the operator surrenders the 36856
facility's license as a residential facility under section 5123.19 36857
of the Revised Code.36858

       (6) The director of developmental disabilities approves the 36859
conversion.36860

       (B) A decision by the director of developmental disabilities 36861
to approve or refuse to approve a proposed conversion of beds is 36862
final. In making a decision, the director shall consider all of 36863
the following:36864

       (1) The fiscal impact on the ICF/IID if some but not all of 36865
the beds are converted;36866

       (2) The fiscal impact on the medicaid program;36867

       (3) The availability of home and community-based services.36868

       (C) The notice provided to the directors under division 36869
(A)(1) of this section shall specify whether some or all of the 36870
ICF/IID's beds are to be converted. If some but not all of the 36871
beds are to be converted, the notice shall specify how many of the 36872
ICF/IID's beds are to be converted and how many of the beds are to 36873
continue to provide ICF/IID services. The notice to the director 36874
of developmental disabilities shall specify whether the operator 36875
wishes to surrender the ICF/IID's license as a residential 36876
facility under section 5123.19 of the Revised Code.36877

       (D)(1) If the director of developmental disabilities approves 36878
a conversion under division (B) of this section, the director of 36879
health shall do the following:36880

       (a) Terminate the ICF/IID's medicaid certification if the 36881
notice specifies that all of the ICF/IID's beds are to be 36882
converted;36883

       (b) Reduce the ICF/IID's medicaid-certified capacity by the 36884
number of beds being converted if the notice specifies that some 36885
but not all of the beds are to be converted. 36886

       (2) The director of health shall notify the medicaid director 36887
of the termination or reduction. On receipt of the notice, the 36888
medicaid director shall do the following:36889

       (a) Terminate the operator's medicaid provider agreement that 36890
authorizes the operator to provide ICF/IID services at the ICF/IID 36891
if the ICF/IID's certification was terminated;36892

       (b) Amend the operator's medicaid provider agreement to 36893
reflect the ICF/IID's reduced medicaid-certified capacity if the 36894
ICF/IID's medicaid-certified capacity is reduced. 36895

       (3) In the case of action taken under division (D)(2)(a) of 36896
this section, the operator is not entitled to notice or a hearing 36897
under Chapter 119. of the Revised Code before the medicaid 36898
director terminates the medicaid provider agreement.36899

       Sec. 5124.61. (A) For the purpose of increasing the number of 36900
slots available for home and community-based services and subject 36901
to sections 5124.63 and 5124.64 of the Revised Code, a person who 36902
acquires, through a request for proposals issued by the director 36903
of developmental disabilities, an ICF/IID for which a residential 36904
facility license was previously surrendered or revoked may convert 36905
some or all of the ICF/IID's beds from providing ICF/IID services 36906
to providing home and community-based services if all of the 36907
following requirements are met:36908

       (1) The person provides the directors of health and 36909
developmental disabilities and medicaid director at least ninety 36910
days' notice of the person's intent to make the conversion.36911

       (2) The person complies with the requirements of sections 36912
5124.50 to 5124.53 of the Revised Code regarding a voluntary 36913
termination if those requirements are applicable.36914

       (3) If the person intends to convert all of the ICF/IID's 36915
beds, the person notifies each of the ICF/IID's residents that the 36916
ICF/IID is to cease providing ICF/IID services and informs each 36917
resident that the resident may do either of the following:36918

       (a) Continue to receive ICF/IID services by transferring to 36919
another ICF/IID willing and able to accept the resident if the 36920
resident continues to qualify for ICF/IID services;36921

       (b) Begin to receive home and community-based services 36922
instead of ICF/IID services from any provider of home and 36923
community-based services that is willing and able to provide the 36924
services to the resident if the resident is eligible for the 36925
services and a slot for the services is available to the resident.36926

       (4) If the person intends to convert some but not all of the 36927
ICF/IID's beds, the person notifies each of the ICF/IID's 36928
residents that the ICF/IID is to convert some of its beds from 36929
providing ICF/IID services to providing home and community-based 36930
services and inform each resident that the resident may do either 36931
of the following:36932

       (a) Continue to receive ICF/IID services from any that is 36933
willing and able to provide the services to the resident if the 36934
resident continues to qualify for ICF/IID services;36935

       (b) Begin to receive home and community-based services 36936
instead of ICF/IID services from any provider of home and 36937
community-based services that is willing and able to provide the 36938
services to the resident if the resident is eligible for the 36939
services and a slot for the services is available to the resident.36940

       (5) The person meets the requirements for providing home and 36941
community-based services at a residential facility.36942

       (B) The notice provided to the directors under division 36943
(A)(1) of this section shall specify whether some or all of the 36944
ICF/IID's beds are to be converted. If some but not all of the 36945
beds are to be converted, the notice shall specify how many of the 36946
ICF/IID's beds are to be converted and how many of the beds are to 36947
continue to provide ICF/IID services.36948

       (C) On receipt of a notice under division (A)(1) of this 36949
section, the director of health shall do the following:36950

       (1) Terminate the ICF/IID's medicaid certification if the 36951
notice specifies that all of the facility's beds are to be 36952
converted;36953

       (2) Reduce the ICF/IID's medicaid-certified capacity by the 36954
number of beds being converted if the notice specifies that some 36955
but not all of the beds are to be converted.36956

       (D) The director of health shall notify the medicaid director 36957
of the termination or reduction under division (C) of this 36958
section. On receipt of the director of health's notice, the 36959
medicaid director shall do the following:36960

       (1) Terminate the person's medicaid provider agreement that 36961
authorizes the person to provide ICF/IID services at the ICF/IID 36962
if the ICF/IID's medicaid certification was terminated;36963

       (2) Amend the person's medicaid provider agreement to reflect 36964
the ICF/IID's reduced medicaid-certified capacity if the ICF/IID's 36965
medicaid-certified capacity is reduced.36966

       The person is not entitled to notice or a hearing under 36967
Chapter 119. of the Revised Code before the medicaid director 36968
terminates or amends the medicaid provider agreement.36969

       Sec. 5124.62. Subject to section 5124.63 of the Revised 36970
Code, theThe director of developmental disabilities may request 36971
that the medicaid director seek the approval of the United States 36972
secretary of health and human services to increase the number of 36973
slots available for home and community-based services by a number 36974
not exceeding the number of beds that were part of the licensed 36975
capacity of a residential facility that had its license revoked or 36976
surrendered under section 5123.19 of the Revised Code if the 36977
residential facility was an ICF/IID at the time of the license 36978
revocation or surrender. The revocation or surrender may have 36979
occurred before, or may occur on or after, June 24, 2008. The 36980
request may include beds the director of developmental 36981
disabilities removed from such a residential facility's licensed 36982
capacity before transferring ownership or operation of the 36983
residential facility pursuant to a request for proposals.36984

       Sec. 5124.67.  (A)(1) The department of developmental 36985
disabilities shall strive to achieve, not later than July 1, 2018, 36986
the following statewide reductions in ICF/IID beds:36987

       (1)(a) At least five hundred and not more than six hundred36988
beds in ICFs/IID that, before becoming downsized ICFs/IID, have 36989
sixteen or more beds;36990

       (2)(b) At least five hundred and not more than six hundred36991
beds in ICFs/IID with any number of beds that convert some or all 36992
of their beds from providing ICF/IID services to providing home 36993
and community-based services pursuant to section 5124.60 or 36994
5124.61 of the Revised Code.36995

       (2) The department shall strive to achieve a reduction of at 36996
least one thousand two hundred ICF/IID beds through a combination 36997
of the methods specified in divisions (A)(1)(a) and (b) of this 36998
section.36999

       (B) In its efforts to achieve the reductions under division 37000
(A) of this section, the department shall collaborate with the 37001
Ohio association of county boards serving people with 37002
developmental disabilities, the Ohio provider resource 37003
association, the Ohio centers for intellectual disabilities formed 37004
by the Ohio health care association, and the values and faith 37005
alliance. The collaboration efforts may include the following:37006

       (1) Identifying ICFs/IID that may reduce the number of their 37007
beds to help achieve the reductions under division (A) of this 37008
section;37009

       (2) Encouraging ICF/IID providers to reduce the number of 37010
their ICFs/IID's beds;37011

       (3) Establishing interim time frames for making progress in 37012
achieving the reductions;37013

       (4) Creating incentives for, and removing impediments to, the 37014
reductions;37015

       (5) In the case of ICF/IID beds that are converted to 37016
providing home and community-based services, developing a 37017
mechanism to compensate providers for beds that permanently cease 37018
to provide ICF/IID services.37019

       (C) The department shall meet not less than twice each year 37020
with the organizations specified in division (B) of this section 37021
to do all of the following:37022

       (1) Review the progress being made in achieving the 37023
reductions under division (A) of this section;37024

       (2) Prepare written reports on the progress;37025

       (3) Identify additional measures needed to achieve the 37026
reductions.37027

       Sec. 5126.01.  As used in this chapter:37028

       (A) As used in this division, "adult" means an individual who 37029
is eighteen years of age or over and not enrolled in a program or 37030
service under Chapter 3323. of the Revised Code and an individual 37031
sixteen or seventeen years of age who is eligible for adult 37032
services under rules adopted by the director of developmental 37033
disabilities pursuant to Chapter 119. of the Revised Code.37034

       (1) "Adult services" means services provided to an adult 37035
outside the home, except when they are provided within the home 37036
according to an individual's assessed needs and identified in an 37037
individual service plan, that support learning and assistance in 37038
the area of self-care, sensory and motor development, 37039
socialization, daily living skills, communication, community 37040
living, social skills, or vocational skills.37041

       (2) "Adult services" includes all of the following:37042

       (a) Adult day habilitation services;37043

       (b) Adult day care;37044

       (c) PrevocationalEmployment services;37045

       (d) Sheltered employment;37046

       (e)(c) Educational experiences and training obtained through 37047
entities and activities that are not expressly intended for 37048
individuals with mental retardation and developmental 37049
disabilities, including trade schools, vocational or technical 37050
schools, adult education, job exploration and sampling, unpaid 37051
work experience in the community, volunteer activities, and 37052
spectator sports;37053

       (f) Community employment services and supported employment 37054
services.37055

       (B)(1) "Adult day habilitation services" means adult services 37056
that do the following:37057

       (a) Provide access to and participation in typical activities 37058
and functions of community life that are desired and chosen by the 37059
general population, including such activities and functions as 37060
opportunities to experience and participate in community 37061
exploration, companionship with friends and peers, leisure 37062
activities, hobbies, maintaining family contacts, community 37063
events, and activities where individuals without disabilities are 37064
involved;37065

       (b) Provide supports or a combination of training and 37066
supports that afford an individual a wide variety of opportunities 37067
to facilitate and build relationships and social supports in the 37068
community.37069

       (2) "Adult day habilitation services" includes all of the 37070
following:37071

       (a) Personal care services needed to ensure an individual's 37072
ability to experience and participate in vocational services, 37073
educational services, community activities, and any other adult 37074
day habilitation services;37075

       (b) Skilled services provided while receiving adult day 37076
habilitation services, including such skilled services as behavior 37077
management intervention, occupational therapy, speech and language 37078
therapy, physical therapy, and nursing services;37079

       (c) Training and education in self-determination designed to 37080
help the individual do one or more of the following: develop 37081
self-advocacy skills, exercise the individual's civil rights, 37082
acquire skills that enable the individual to exercise control and 37083
responsibility over the services received, and acquire skills that 37084
enable the individual to become more independent, integrated, or 37085
productive in the community;37086

       (d) Recreational and leisure activities identified in the 37087
individual's service plan as therapeutic in nature or assistive in 37088
developing or maintaining social supports;37089

       (e)(d) Counseling and assistance provided to obtain housing, 37090
including such counseling as identifying options for either rental 37091
or purchase, identifying financial resources, assessing needs for 37092
environmental modifications, locating housing, and planning for 37093
ongoing management and maintenance of the housing selected;37094

       (f)(e) Transportation necessary to access adult day 37095
habilitation services;37096

       (g)(f) Habilitation management, as described in section 37097
5126.14 of the Revised Code.37098

       (3) "Adult day habilitation services" does not include 37099
activities that are components of the provision of residential 37100
services, family support services, or supported living services.37101

       (C) "Appointing authority" means the following:37102

       (1) In the case of a member of a county board of 37103
developmental disabilities appointed by, or to be appointed by, a 37104
board of county commissioners, the board of county commissioners;37105

       (2) In the case of a member of a county board appointed by, 37106
or to be appointed by, a senior probate judge, the senior probate 37107
judge.37108

       (D) "Community employment," "competitive employment," and 37109
"integrated setting" have the same meanings as in section 5123.022 37110
of the Revised Code.37111

       (E) "Supported employment services" means vocational 37112
assessment, job training and coaching, job development and 37113
placement, worksite accessibility, and other services related to 37114
employment outside a sheltered workshop. "Supported employment 37115
services" includes both of the following:37116

       (1) Job training resulting in the attainment of community 37117
employment, supported work in a typical work environment, or 37118
self-employment;37119

       (2) Support for ongoing community employment, supported work 37120
at community-based sites, or self-employment.37121

       (F) As used in this division, "substantial functional 37122
limitation," "developmental delay," and "established risk" have37123
has the meaningsmeaning established pursuant to section 5123.011 37124
of the Revised Code.37125

       "Developmental disability" means a severe, chronic disability 37126
that is characterized by all of the following:37127

       (1) It is attributable to a mental or physical impairment or 37128
a combination of mental and physical impairments, other than a 37129
mental or physical impairment solely caused by mental illness as 37130
defined in division (A) of section 5122.01 of the Revised Code;37131

       (2) It is manifested before age twenty-two;37132

       (3) It is likely to continue indefinitely;37133

       (4) It results in one of the following:37134

       (a) In the case of a person under age three, at least one 37135
developmental delay or an established riska diagnosed physical or 37136
mental condition that has a high probability of resulting in a 37137
developmental delay;37138

       (b) In the case of a person at least age three but under age 37139
six, at least two developmental delays or an established risk;37140

       (c) In the case of a person age six or older, a substantial 37141
functional limitation in at least three of the following areas of 37142
major life activity, as appropriate for the person's age: 37143
self-care, receptive and expressive language, learning, mobility, 37144
self-direction, capacity for independent living, and, if the 37145
person is at least age sixteen, capacity for economic 37146
self-sufficiency.37147

       (5) It causes the person to need a combination and sequence 37148
of special, interdisciplinary, or other type of care, treatment, 37149
or provision of services for an extended period of time that is 37150
individually planned and coordinated for the person.37151

       (G) "Early childhood services" means a planned program of 37152
habilitation designed to meet the needs of individuals with mental 37153
retardation or other developmental disabilities who have not 37154
attained compulsory school age.37155

       (H) "Employment services" means prevocational services or 37156
supported employment services.37157

       (I)(1) "Environmental modifications" means the physical 37158
adaptations to an individual's home, specified in the individual's 37159
service plan, that are necessary to ensure the individual's 37160
health, safety, and welfare or that enable the individual to 37161
function with greater independence in the home, and without which 37162
the individual would require institutionalization.37163

       (2) "Environmental modifications" includes such adaptations 37164
as installation of ramps and grab-bars, widening of doorways, 37165
modification of bathroom facilities, and installation of 37166
specialized electric and plumbing systems necessary to accommodate 37167
the individual's medical equipment and supplies.37168

       (3) "Environmental modifications" does not include physical 37169
adaptations or improvements to the home that are of general 37170
utility or not of direct medical or remedial benefit to the 37171
individual, including such adaptations or improvements as 37172
carpeting, roof repair, and central air conditioning.37173

       (J) "Family support services" means the services provided 37174
under a family support services program operated under section 37175
5126.11 of the Revised Code.37176

       (K) "Habilitation" means the process by which the staff of 37177
the facility or agency assists an individual with mental 37178
retardation or other developmental disability in acquiring and 37179
maintaining those life skills that enable the individual to cope 37180
more effectively with the demands of the individual's own person 37181
and environment, and in raising the level of the individual's 37182
personal, physical, mental, social, and vocational efficiency. 37183
Habilitation includes, but is not limited to, programs of formal, 37184
structured education and training.37185

       (L) "Home and community-based services" has the same meaning 37186
as in section 5123.01 of the Revised Code. 37187

       (M) "ICF/IID" has the same meaning as in section 5124.01 of 37188
the Revised Code.37189

       (N) "Immediate family" means parents, grandparents, brothers, 37190
sisters, spouses, sons, daughters, aunts, uncles, mothers-in-law, 37191
fathers-in-law, brothers-in-law, sisters-in-law, sons-in-law, and 37192
daughters-in-law.37193

       (O) "Medicaid case management services" means case management 37194
services provided to an individual with mental retardation or 37195
other developmental disability that the state medicaid plan 37196
requires.37197

       (P) "Mental retardation" means a mental impairment manifested 37198
during the developmental period characterized by significantly 37199
subaverage general intellectual functioning existing concurrently 37200
with deficiencies in the effectiveness or degree with which an 37201
individual meets the standards of personal independence and social 37202
responsibility expected of the individual's age and cultural 37203
group.37204

       (Q) "Prevocational services" means services, including 37205
services as a volunteer, that provide learning and work 37206
experiences, including volunteer work experiences, from which an 37207
individual can develop general strengths and skills that are not 37208
specific to a particular task or job but contribute to 37209
employability in community employment, supported work at 37210
community-based sites, or self-employment.37211

       (R) "Residential services" means services to individuals with 37212
mental retardation or other developmental disabilities to provide 37213
housing, food, clothing, habilitation, staff support, and related 37214
support services necessary for the health, safety, and welfare of 37215
the individuals and the advancement of their quality of life. 37216
"Residential services" includes program management, as described 37217
in section 5126.14 of the Revised Code.37218

       (S) "Resources" means available capital and other assets, 37219
including moneys received from the federal, state, and local 37220
governments, private grants, and donations; appropriately 37221
qualified personnel; and appropriate capital facilities and 37222
equipment.37223

       (T) "Senior probate judge" means the current probate judge of 37224
a county who has served as probate judge of that county longer 37225
than any of the other current probate judges of that county. If a 37226
county has only one probate judge, "senior probate judge" means 37227
that probate judge.37228

       (U) "Service and support administration" means the duties 37229
performed by a service and support administrator pursuant to 37230
section 5126.15 of the Revised Code.37231

       (V)(1) "Specialized medical, adaptive, and assistive 37232
equipment, supplies, and supports" means equipment, supplies, and 37233
supports that enable an individual to increase the ability to 37234
perform activities of daily living or to perceive, control, or 37235
communicate within the environment.37236

       (2) "Specialized medical, adaptive, and assistive equipment, 37237
supplies, and supports" includes the following:37238

       (a) Eating utensils, adaptive feeding dishes, plate guards, 37239
mylatex straps, hand splints, reaches, feeder seats, adjustable 37240
pointer sticks, interpreter services, telecommunication devices 37241
for the deaf, computerized communications boards, other 37242
communication devices, support animals, veterinary care for 37243
support animals, adaptive beds, supine boards, prone boards, 37244
wedges, sand bags, sidelayers, bolsters, adaptive electrical 37245
switches, hand-held shower heads, air conditioners, humidifiers, 37246
emergency response systems, folding shopping carts, vehicle lifts, 37247
vehicle hand controls, other adaptations of vehicles for 37248
accessibility, and repair of the equipment received.37249

       (b) Nondisposable items not covered by medicaid that are 37250
intended to assist an individual in activities of daily living or 37251
instrumental activities of daily living.37252

       (W) "Supportive home services" means a range of services to 37253
families of individuals with mental retardation or other 37254
developmental disabilities to develop and maintain increased 37255
acceptance and understanding of such persons, increased ability of 37256
family members to teach the person, better coordination between 37257
school and home, skills in performing specific therapeutic and 37258
management techniques, and ability to cope with specific 37259
situations.37260

       (X)(1) "Supported living" means services provided for as long 37261
as twenty-four hours a day to an individual with mental 37262
retardation or other developmental disability through any public 37263
or private resources, including moneys from the individual, that 37264
enhance the individual's reputation in community life and advance 37265
the individual's quality of life by doing the following:37266

       (a) Providing the support necessary to enable an individual 37267
to live in a residence of the individual's choice, with any number 37268
of individuals who are not disabled, or with not more than three 37269
individuals with mental retardation and developmental disabilities 37270
unless the individuals are related by blood or marriage;37271

       (b) Encouraging the individual's participation in the 37272
community;37273

       (c) Promoting the individual's rights and autonomy;37274

       (d) Assisting the individual in acquiring, retaining, and 37275
improving the skills and competence necessary to live successfully 37276
in the individual's residence.37277

       (2) "Supported living" includes the provision of all of the 37278
following:37279

       (a) Housing, food, clothing, habilitation, staff support, 37280
professional services, and any related support services necessary 37281
to ensure the health, safety, and welfare of the individual 37282
receiving the services;37283

       (b) A combination of lifelong or extended-duration 37284
supervision, training, and other services essential to daily 37285
living, including assessment and evaluation and assistance with 37286
the cost of training materials, transportation, fees, and 37287
supplies;37288

       (c) Personal care services and homemaker services;37289

       (d) Household maintenance that does not include modifications 37290
to the physical structure of the residence;37291

       (e) Respite care services;37292

       (f) Program management, as described in section 5126.14 of 37293
the Revised Code.37294

       Sec. 5126.0219.  (A) Each county board of developmental 37295
disabilities shall either employ a superintendent or obtain the 37296
services of the superintendent of another county board of 37297
developmental disabilities. The board shall provide for a 37298
superintendent who is qualified, as specified in rules adopted by 37299
the department of developmental disabilities in accordance with 37300
Chapter 119. of the Revised Code. The superintendent shall have no 37301
voting privileges on the board.37302

       If the superintendent position becomes vacant, the county 37303
board first shall consider entering into an agreement with another 37304
county board for the sharing of a superintendent under division 37305
(B) of this section. If the county board determines there are no 37306
significant efficiencies or it is impractical to share a 37307
superintendent, the county board may employ a superintendent in 37308
accordance with this section to fill the vacancy. 37309

       The board shall prescribe the duties of its superintendent 37310
and review the superintendent's performance. The superintendent 37311
may be removed, suspended, or demoted for cause pursuant to 37312
section 5126.23 of the Revised Code. The board shall fix the 37313
superintendent's compensation and reimburse the superintendent for 37314
actual and necessary expenses.37315

       Each county board that employs its own superintendent shall 37316
employ the superintendent under a contract. To enter into a 37317
contract, the board shall adopt a resolution agreeing to the 37318
contract. Each contract for employment or re-employment of a 37319
superintendent shall be for a term of not less than one and not 37320
more than five years. At the expiration of a superintendent's 37321
current term of employment, the superintendent may be re-employed. 37322
If the board intends not to re-employ the superintendent, the 37323
board shall give the superintendent written notification of its 37324
intention. The notice shall be given not less than ninety days 37325
prior to the expiration of the superintendent's contract.37326

       (B) Two or more county boards may enter into an arrangement 37327
under which the superintendent of one county board acts as the 37328
superintendent of another county board. To enter into such an 37329
arrangement, each board shall adopt a resolution agreeing to the 37330
arrangement. The resolutions shall specify the duration of the 37331
arrangement and the contribution each board is to make to the 37332
superintendent's compensation and reimbursement for expenses.37333

       (C) If a vacancy occurs in the position of superintendent, a 37334
county board may appoint a person who holds a valid 37335
superintendent's certificate issued under the rules of the 37336
department to work under a contract for an interim period not to 37337
exceed one hundred eighty days until a permanent superintendent 37338
can be employed or arranged for under division (A) or (B) of this 37339
section. The director of the department may approve additional 37340
periods of time for these types of interim appointments when so 37341
requested by a resolution adopted by a county board, if the 37342
director determines that the additional periods are warranted and 37343
the services of a permanent superintendent are not available.37344

       Sec. 5126.041.  (A) As used in this section:37345

       (1) "Biological risk" and "environmental risk" have the 37346
meanings established pursuant to section 5123.011 of the Revised 37347
Code.37348

       (2) "Preschool child with a disability" has the same meaning 37349
as in section 3323.01 of the Revised Code.37350

       (3)(2) "State institution" means all or part of an 37351
institution under the control of the department of developmental 37352
disabilities pursuant to section 5123.03 of the Revised Code and 37353
maintained for the care, treatment, and training of the mentally 37354
retarded.37355

       (B) Except as provided in division (C) of this section, each 37356
county board of developmental disabilities shall make eligibility 37357
determinations in accordance with the definition of "developmental 37358
disability" in section 5126.01 of the Revised Code. Pursuant to 37359
rules the department of developmental disabilities shall adopt in 37360
accordance with Chapter 119.adopted under section 5123.012 of the 37361
Revised Code, a county board may establish eligibility for 37362
programs and services for either of the following:37363

       (1) Individuals under age six who have a biological risk or 37364
environmental risk of a developmental delay;37365

       (2) Anyany preschool child with a disability eligible for 37366
services under section 3323.02 of the Revised Code whose 37367
disability is not attributable solely to mental illness as defined 37368
in section 5122.01 of the Revised Code.37369

       (C)(1) A county board shall make determinations of 37370
eligibility for service and support administration in accordance 37371
with rules adopted under section 5126.08 of the Revised Code.37372

       (2) All persons who were eligible for services and enrolled 37373
in programs offered by a county board of developmental 37374
disabilities pursuant to this chapter on July 1, 1991, shall 37375
continue to be eligible for those services and to be enrolled in 37376
those programs as long as they are in need of services.37377

       (3) A person who resided in a state institution on or before 37378
October 29, 1993, is eligible for programs and services offered by 37379
a county board of developmental disabilities, unless the person is 37380
determined by the county board not to be in need of those programs 37381
and services.37382

       (D) A county board shall refer a person who requests but is 37383
not eligible for programs and services offered by the board to 37384
other entities of state and local government or appropriate 37385
private entities that provide services.37386

       (E) Membership of a person on, or employment of a person by, 37387
a county board of developmental disabilities does not affect the 37388
eligibility of any member of that person's family for services 37389
provided by the board or by any entity under contract with the 37390
board.37391

       Sec. 5126.046. (A) Except as otherwise provided by 42 C.F.R. 37392
431.51, an individual with mental retardation or other 37393
developmental disability who is eligible for home and 37394
community-based services has the right to obtain the services from 37395
any provider of the services that is qualified to furnish the 37396
services and is willing to furnish the services to the individual. 37397
A county board of developmental disabilities that has medicaid 37398
local administrative authority under division (A) of section 37399
5126.055 of the Revised Code for home and community-based services 37400
and refuses to permit an individual to obtain home and 37401
community-based services from a qualified and willing provider 37402
shall provide the individual timely notice that the individual may 37403
request a hearingappeal under section 5101.355160.31 of the 37404
Revised Code.37405

       (B) An individual with mental retardation or other 37406
developmental disability who is eligible for nonmedicaid 37407
residential services or nonmedicaid supported living has the right 37408
to obtain the services from any provider of the residential 37409
services or supported living that is qualified to furnish the 37410
residential services or supported living and is willing to furnish 37411
the residential services or supported living to the individual.37412

       (C) The department of developmental disabilities shall make 37413
available to the public on its internet web site an up-to-date 37414
list of all providers of home and community-based services, 37415
nonmedicaid residential services, and nonmedicaid supported 37416
living. County boards shall assist individuals with mental 37417
retardation or other developmental disabilities and the families 37418
of such individuals access the list on the department's internet 37419
web site.37420

       (D) The director of developmental disabilities shall adopt 37421
rules in accordance with Chapter 119. of the Revised Code 37422
governing the implementation of this section. The rules shall 37423
include procedures for individuals to choose their providers. The 37424
rules shall not be limited by a provider selection system 37425
established under section 5126.42 of the Revised Code, including 37426
any pool of providers created pursuant to a provider selection 37427
system. 37428

       Sec. 5126.051.  (A) To the extent that resources are 37429
available, a county board of developmental disabilities shall 37430
provide for or arrange residential services and supported living 37431
for individuals with mental retardation and developmental 37432
disabilities.37433

       A county board may acquire, convey, lease, or sell property 37434
for residential services and supported living and enter into loan 37435
agreements, including mortgages, for the acquisition of such 37436
property. A county board is not required to comply with provisions 37437
of Chapter 307. of the Revised Code providing for competitive 37438
bidding or sheriff sales in the acquisition, lease, conveyance, or 37439
sale of property under this division, but the acquisition, lease, 37440
conveyance, or sale must be at fair market value determined by 37441
appraisal of one or more disinterested persons appointed by the 37442
board.37443

       Any action taken by a county board under this division that 37444
will incur debt on the part of the county shall be taken in 37445
accordance with Chapter 133. of the Revised Code. A county board 37446
shall not incur any debt on the part of the county without the 37447
prior approval of the board of county commissioners.37448

       (B)(1) To the extent that resources are available, a county 37449
board shall provide or arrange for the provision of adult services 37450
to individuals who are age eighteen and older and not enrolled in 37451
a program or service under Chapter 3323. of the Revised Code or 37452
age sixteen or seventeen and eligible for adult services under 37453
rules adopted by the director of developmental disabilities under 37454
Chapter 119. of the Revised Code. These services shall be provided 37455
in accordance with the individual's individual service plan and 37456
shall include support services specified in the plan.37457

       (2) Any prevocational services shall be provided in 37458
accordance with the individual's individual service plan and occur 37459
over a specified period of time with specific outcomes sought to 37460
be achieved.37461

       (3) A county board may, in cooperation with the opportunities 37462
for Ohioans with disabilities agency, seek federal funds for job 37463
training or other services directlydirected at helping 37464
individuals obtain community employment.37465

       (4) A county board may contract with any agency, board, or 37466
other entity that is accredited by the commission on accreditation 37467
of rehabilitation facilities to provide services. A county board 37468
that is accredited by the commission on accreditation of 37469
rehabilitation facilities may provide services for which it is 37470
certified by the commission.37471

       (C) To the extent that resources are available, a county 37472
board may provide services to an individual with mental 37473
retardation or other developmental disability in addition to those 37474
provided pursuant to this section, section 5126.05 of the Revised 37475
Code, or any other section of this chapter. The services shall be 37476
provided in accordance with the individual's individual service 37477
plan and may be provided in collaboration with other entities of 37478
state or local government.37479

       Sec. 5126.08.  (A) The director of developmental disabilities 37480
shall adopt rules in accordance with Chapter 119. of the Revised 37481
Code for all programs and services offered by a county board of 37482
developmental disabilities. Such rules shall include, but are not 37483
limited to, the following:37484

       (1) Determination of what constitutes a program or service;37485

       (2) Standards to be followed by a board in administering, 37486
providing, arranging, or operating programs and services;37487

       (3) Standards for determining the nature and degree of mental 37488
retardation, including mild mental retardation, or developmental 37489
disability;37490

       (4) Standards and procedures for determiningmaking37491
eligibility determinations for the programs and services under 37492
section 5126.15 of the Revised Code;37493

       (5) Procedures for obtaining consent for the arrangement of 37494
services under section 5126.31 of the Revised Code and for 37495
obtaining signatures on individual service plans under that 37496
section;37497

       (6) Specification of the service and support administration 37498
to be provided by a county board and standards for resolving 37499
grievances in connection with service and support administration.37500

       (B) The director shall be the final authority in determining 37501
the nature and degree of mental retardation or developmental 37502
disability.37503

       Sec. 5126.21.  As used in this section, "management employee" 37504
does not include the superintendent of a county board of 37505
developmental disabilities.37506

       (A)(1) Each management employee of a county board of 37507
developmental disabilities shall hold a limited contract for a 37508
period of not less than one year and not more than five years, 37509
except that a management employee hired after the beginning of a 37510
program year may be employed under a limited contract expiring at 37511
the end of the program year. The board shall approve all contracts 37512
of employment for management employees that are for a term of more 37513
than one year. A management employee shall receive notice of the 37514
superintendent's intention not to rehire the employee at least 37515
ninety days prior to the expiration of the contract. 37516

       (2) During the term of a contract a management employee's 37517
salary may be increased, but shall not be reduced unless the 37518
reduction is part of a uniform plan affecting all employees of the 37519
board.37520

       (B) All management employees may be removed, suspended, or 37521
demoted for cause pursuant to section 5126.23 of the Revised Code.37522

       (C) All management employees shall receive employee benefits 37523
as established by the board. Sections 124.38 and 325.19 of the 37524
Revised Code do not apply to management employees.37525

       (D) The superintendent of a county board of developmental 37526
disabilities shall notify all management employees of the board of 37527
their salary no later than thirty days before the first day of the 37528
new contract year.37529

       (E) Each county board of developmental disabilities shall 37530
establish a lay-off policy to be followed if it determines a 37531
reduction in the number of management employees is necessary.37532

       (F) If a management employee position becomes vacant, the 37533
superintendent first shall consider whether to enter into an 37534
agreement with another county board for the sharing of personnel 37535
under 5126.02 of the Revised Code. If the superintendent 37536
determines there are no significant efficiencies or it is 37537
impractical to share personnel, the superintendent may employ a 37538
management employee to fill the vacancy. 37539

       Sec. 5126.25.  (A) The director of developmental disabilities 37540
shall adopt rules under division (C) of this section establishing 37541
uniform standards and procedures for the certification and 37542
registration of persons, other than the persons described in 37543
division (I) of this section, who are seeking employment with or 37544
are employed by either of the following:37545

       (1) A county board of developmental disabilities;37546

       (2) An entity that contracts with a county board to operate 37547
programs and services for individuals with mental retardation or 37548
developmental disabilities.37549

       (B) No person shall be employed in a position for which 37550
certification or registration is required pursuant to the rules 37551
adopted under this section without the certification or 37552
registration that is required for that position. The person shall 37553
not be employed or shall not continue to be employed if the 37554
required certification or registration is denied, revoked, or not 37555
renewed.37556

       (C) The director shall adopt rules in accordance with Chapter 37557
119. of the Revised Code as the director considers necessary to 37558
implement and administer this section, including rules 37559
establishing all of the following:37560

       (1) Positions of employment that are subject to this section 37561
and, for each position, whether a person must receive 37562
certification or receive registration to be employed in that 37563
position;37564

       (2) Requirements that must be met to receive the 37565
certification or registration required to be employed in a 37566
particular position, including standards regarding education, 37567
specialized training, and experience, taking into account the 37568
needs of individuals with mental retardation or developmental 37569
disabilities and the specialized techniques needed to serve them, 37570
except that the rules shall not require a person designated as a 37571
service employee under section 5126.22 of the Revised Code to have 37572
or obtain a bachelor's or higher degree;37573

       (3) Procedures to be followed in applying for initial 37574
certification or registration and for renewing the certification 37575
or registration.37576

       (4) Requirements that must be met for renewal of 37577
certification or registration, which may include continuing 37578
education and professional training requirements;37579

       (5) Subject to section 5126.23 of the Revised Code, grounds 37580
for which certification or registration may be denied, suspended, 37581
or revoked and procedures for appealing the denial, suspension, or 37582
revocation.37583

       (D) Each person seeking certification or registration for 37584
employment shall apply in the manner established in rules adopted 37585
under this section.37586

       (E)(1) Except as provided in division (E)(2) of this section, 37587
the superintendent of each county board is responsible for taking 37588
all actions regarding certification and registration of employees, 37589
other than the position of superintendent, early intervention 37590
supervisor, early intervention specialist, or investigative agent. 37591
For the position of superintendent, early intervention supervisor, 37592
early intervention specialist, or investigative agent, the 37593
director of developmental disabilities is responsible for taking 37594
all such actions.37595

       Actions that may be taken by the superintendent or director 37596
include issuing, renewing, denying, suspending, and revoking 37597
certification and registration. All actions shall be taken in 37598
accordance with the rules adopted under this section.37599

       The superintendent may charge a fee to persons applying for 37600
certification or registration. The superintendent shall establish 37601
the amount of the fee according to the costs the county board 37602
incurs in administering its program for certification and 37603
registration of employees.37604

       A person subject to the denial, suspension, or revocation of 37605
certification or registration may appeal the decision. The appeal 37606
shall be made in accordance with the rules adopted under this 37607
section.37608

       (2) Pursuant to division (C) of section 5126.05 of the 37609
Revised Code, the superintendent may enter into a contract with 37610
any other entity under which the entity is given authority to 37611
carry out all or part of the superintendent's responsibilities 37612
under division (E)(1) of this section.37613

       (F) A person with valid certification or registration under 37614
this section on the effective date of any rules adopted under this 37615
section that increase the standards applicable to the 37616
certification or registration shall have such period as the rules 37617
prescribe, but not less than one year after the effective date of 37618
the rules, to meet the new certification or registration 37619
standards.37620

       (G) A person with valid certification or registration is 37621
qualified to be employed according to that certification or 37622
registration by any county board or entity contracting with a 37623
county board.37624

       (H) The director shall monitor county boards to ensure that 37625
their employees and the employees of their contracting entities 37626
have the applicable certification or registration required under 37627
this section and that the employees are performing only those 37628
functions they are authorized to perform under the certification 37629
or registration. The superintendent of each county board or the 37630
superintendent's designee shall maintain in appropriate personnel 37631
files evidence acceptable to the director that the employees have 37632
met the requirements. On request, representatives of the 37633
department of developmental disabilities shall be given access to 37634
the evidence. 37635

       (I) The certification and registration requirements of this 37636
section and the rules adopted under it do not apply to either of 37637
the following:37638

       (1) A person who holds a valid license issued or certificate 37639
issued under Chapter 3319. of the Revised Code and performs no 37640
duties other than teaching or supervision of a teaching program;37641

       (2) A person who holds a valid license or certificate issued 37642
under Title XLVII of the Revised Code and performs only those 37643
duties governed by the license or certificate.37644

       Sec. 5126.42. (A) AEach county board of developmental 37645
disabilities shall establish an advisory council composed of board 37646
members or employees of the board, providers, individuals 37647
receiving supported living, and advocates for individuals 37648
receiving supported living to provide on-going communication among 37649
all persons concerned with supported living.37650

       (B) The board shall develop procedures for the resolution of 37651
grievances between the following:37652

       (A) The board and providers or between the;37653

       (B) The board and an entity with which it has a shared 37654
funding agreement.37655

       (C) The board shall develop and implement a provider 37656
selection system. Each system shall enable an individual to choose 37657
to continue receiving supported living from the same providers, to 37658
select additional providers, or to choose alternative providers. 37659
Annually, the board shall review its provider selection system to 37660
determine whether it has been implemented in a manner that allows 37661
individuals fair and equitable access to providers.37662

       In developing a provider selection system, the county board 37663
shall create a pool of providers for individuals to use in 37664
choosing their providers of supported living. The pool shall be 37665
created by placing in the pool all providers on record with the 37666
board or by placing in the pool all providers approved by the 37667
board through soliciting requests for proposals for supported 37668
living contracts. In either case, only providers that are 37669
certified by the director of developmental disabilities may be 37670
placed in the pool.37671

       If the board places all providers on record in the pool, the 37672
board shall review the pool at least annually to determine whether 37673
each provider has continued interest in being a provider and has 37674
maintained its certification by the department. At any time, an 37675
interested and certified provider may make a request to the board 37676
that it be added to the pool, and the board shall add the provider 37677
to the pool not later than seven days after receiving the request.37678

       If the board solicits requests for proposals for inclusion of 37679
providers in the pool, the board shall develop standards for 37680
selecting the providers to be included. Requests for proposals 37681
shall be solicited at least annually. When requests are solicited, 37682
the board shall cause legal notices to be published once each week 37683
for two consecutive weeks in a newspaper of general circulation 37684
within the county or as provided in section 7.16 of the Revised 37685
Code. The board's formal request for proposals shall include a 37686
description of any applicable contract terms, the standards that 37687
are used to select providers for inclusion in the pool, and the 37688
process the board uses to resolve disputes arising from the 37689
selection process. The board shall accept requests from any entity 37690
interested in being a provider of supported living for individuals 37691
served by the board. Requests shall be approved or denied 37692
according to the standards developed by the board. Providers that 37693
previously have been placed in the pool are not required to 37694
resubmit a request for proposal to be included in the pool, unless 37695
the board's standards have been changed.37696

       In assisting an individual in choosing a provider, the county 37697
board shall provide the individual with uniform and consistent 37698
information pertaining to each provider in the pool. An individual 37699
may choose to receive supported living from a provider that is not 37700
included in the pool, if the provider is certified by the director 37701
of developmental disabilities.37702

       Sec. 5126.43.  (A) After receiving notice from the department 37703
of developmental disabilities of the amount of state funds to be 37704
distributed to it for planning, developing, contracting for, and 37705
providing supported living, the county board of developmental 37706
disabilities shall arrange for supported living on behalf of and 37707
with the consent of individuals based on their individual service 37708
plans developed under section 5126.41 of the Revised Code. With 37709
the state distribution and any other money designated by the board 37710
for supported living, the board shall arrange for supported living 37711
in one or more of the following ways:37712

       (1) By contracting under section 5126.45 of the Revised Code 37713
with providers selected by the individual to be served;37714

       (2) By entering into shared funding agreements with state 37715
agencies, local public agencies, or political subdivisions at 37716
rates negotiated by the board;37717

       (3) By providing direct payment or vouchers to be used to 37718
purchase supported living, pursuant to a written contract in an 37719
amount determined by the board, to the individual or a person 37720
providing the individual with protective services as defined in 37721
section 5123.55 of the Revised Code.37722

       (B) The board may arrange for supported living only with 37723
providers that are certified by the director of developmental 37724
disabilities. 37725

       When no certified provider is willing and able to provide 37726
supported living for an individual in accordance with the terms of 37727
the individual service plan for that individual, a county board 37728
may provide supported living directly if it is certified by the 37729
director of developmental disabilities to provide supported 37730
living.37731

       A county board may, for a period not to exceed ninety days, 37732
contract for or provide supported living without meeting the 37733
requirements of this section for an individual it determines to be 37734
in emergency need of supported living. Thereafter, the individual 37735
shall choose providers in accordance with sections 5126.046 and37736
5126.41 and 5126.42 of the Revised Code.37737

       Sec. 5126.45.  (A) A contract between a county board of 37738
developmental disabilities and a provider of supported living 37739
shall be in writing and shall be based on the individual service 37740
plan developed by the individual under section 5126.41 of the 37741
Revised Code. The plan may be submitted as an addendum to the 37742
contract. An individual receiving services pursuant to a contract 37743
shall be considered a third-party beneficiary to the contract.37744

       (B) The contract shall be negotiated between the provider and 37745
the county board. The terms of the contract shall include at least 37746
the following:37747

       (1) The contract period and conditions for renewal;37748

       (2) The services to be provided pursuant to the individual 37749
service plan;37750

       (3) The rights and responsibilities of all parties to the 37751
contract;37752

       (4) The methods that will be used to evaluate the services 37753
delivered by the provider;37754

       (5) Procedures for contract modification that ensure all 37755
parties affected by the modification are involved and agree;37756

       (6) A process for resolving conflicts between individuals 37757
receiving services, the county board, and the provider, as 37758
applicable;37759

       (7) Procedures for the retention of applicable records;37760

       (8) Provisions for contract termination by any party involved 37761
that include requirements for an appropriate notice of intent to 37762
terminate the contract;37763

       (9) Methods to be used to document services provided;37764

       (10) Procedures for submitting reports required by the county 37765
board as a condition of receiving payment under the contract;37766

       (11) The method and schedule the board will use to make 37767
payments to the provider and whether periodic payment adjustments 37768
will be made to the provider;37769

       (12) Provisions for conducting fiscal reconciliations for 37770
payments made through methods other than a fee-for-service 37771
arrangement.37772

       (C) Payments to the provider under a supported living 37773
contract must be determined by the county board to be reasonable 37774
in accordance with policies and procedures developed by the county37775
board. Goods or services provided without charge to the provider 37776
shall not be included as expenditures of the provider.37777

       (D) The county board shall establish procedures for 37778
reconciling expenditures and payments, other than those made under 37779
a fee-for-service arrangement, for the prior contract year when a 37780
contract is not renewed and shall reconcile expenditures and 37781
payments in accordance with these procedures.37782

       (E) A provider or an entity with which the county board has 37783
entered into a shared funding agreement may appeal a negotiated 37784
contract or proposed shared funding rate toseek resolution of 37785
grievances with the county board using the procedures established 37786
by the county board under section 5126.42 of the Revised Code.37787

       Sec. 5139.05.  (A) The juvenile court may commit any child to 37788
the department of youth services as authorized in Chapter 2152. of 37789
the Revised Code, provided that any child so committed shall be at 37790
least ten years of age at the time of the child's delinquent act, 37791
and, if the child is ten or eleven years of age, the delinquent 37792
act is a violation of section 2909.03 of the Revised Code or would 37793
be aggravated murder, murder, or a first or second degree felony 37794
offense of violence if committed by an adult. Any order to commit 37795
a child to an institution under the control and management of the 37796
department shall have the effect of ordering that the child be 37797
committed to the department and assigned to an institution or 37798
placed in a community corrections facility in accordance with 37799
division (E) of section 5139.36 of the Revised Code as follows:37800

       (1) For an indefinite term consisting of the prescribed 37801
minimum period specified by the court under division (A)(1) of 37802
section 2152.16 of the Revised Code and a maximum period not to 37803
exceed the child's attainment of twenty-one years of age, if the 37804
child was committed pursuant to section 2152.16 of the Revised 37805
Code;37806

       (2) Until the child's attainment of twenty-one years of age, 37807
if the child was committed for aggravated murder or murder 37808
pursuant to section 2152.16 of the Revised Code;37809

       (3) For a period of commitment that shall be in addition to, 37810
and shall be served consecutively with and prior to, a period of 37811
commitment described in division (A)(1) or (2) of this section, if 37812
the child was committed pursuant to section 2152.17 of the Revised 37813
Code;37814

       (4) If the child is ten or eleven years of age, to an 37815
institution, a residential care facility, a residential facility, 37816
or a facility licensed by the department of job and family 37817
services that the department of youth services considers best 37818
designated for the training and rehabilitation of the child and 37819
protection of the public. The child shall be housed separately 37820
from children who are twelve years of age or older until the child 37821
is released or discharged or until the child attains twelve years 37822
of age, whichever occurs first. Upon the child's attainment of 37823
twelve years of age, if the child has not been released or 37824
discharged, the department is not required to house the child 37825
separately.37826

       (B)(1) Except as otherwise provided in section 5139.54 of the 37827
Revised Code, the release authority of the department of youth 37828
services, in accordance with section 5139.51 of the Revised Code 37829
and at any time after the end of the minimum period specified 37830
under division (A)(1) of section 2152.16 of the Revised Code, may 37831
grant the release from custody of any child committed to the 37832
department.37833

       The order committing a child to the department of youth 37834
services shall state that the child has been adjudicated a 37835
delinquent child and state the minimum period. The jurisdiction of 37836
the court terminates at the end of the minimum period except as 37837
follows:37838

       (a) In relation to judicial release procedures, supervision, 37839
and violations;37840

       (b) With respect to functions of the court related to the 37841
revocation of supervised release that are specified in sections 37842
5139.51 and 5139.52 of the Revised Code;37843

       (c) In relation to its duties relating to serious youthful 37844
offender dispositional sentences under sections 2152.13 and 37845
2152.14 of the Revised Code.37846

       (2) When a child has been committed to the department under 37847
section 2152.16 of the Revised Code, the department shall retain 37848
legal custody of the child until one of the following:37849

       (a) The department discharges the child to the exclusive 37850
management, control, and custody of the child's parent or the 37851
guardian of the child's person or, if the child is eighteen years 37852
of age or older, discharges the child.37853

       (b) The committing court, upon its own motion, upon petition 37854
of the parent, guardian of the person, or next friend of a child, 37855
or upon petition of the department, terminates the department's 37856
legal custody of the child.37857

       (c) The committing court grants the child a judicial release 37858
to court supervision under section 2152.22 of the Revised Code.37859

       (d) The department's legal custody of the child is terminated 37860
automatically by the child attaining twenty-one years of age.37861

       (e) If the child is subject to a serious youthful offender 37862
dispositional sentence, the adult portion of that dispositional 37863
sentence is imposed under section 2152.14 of the Revised Code.37864

       (C) When a child is committed to the department of youth 37865
services, the department may assign the child to a hospital for 37866
mental, physical, and other examination, inquiry, or treatment for 37867
the period of time that is necessary. The department may remove 37868
any child in its custody to a hospital for observation, and a 37869
complete report of every observation at the hospital shall be made 37870
in writing and shall include a record of observation, treatment, 37871
and medical history and a recommendation for future treatment, 37872
custody, and maintenance. The department shall thereupon order the 37873
placement and treatment that it determines to be most conducive to 37874
the purposes of Chapters 2151. and 5139. of the Revised Code. The 37875
committing court and all public authorities shall make available 37876
to the department all pertinent data in their possession with 37877
respect to the case.37878

       (D) Records maintained by the department of youth services 37879
pertaining to the children in its custody shall be accessible only 37880
to department employees, except by consent of the department, upon 37881
the order of the judge of a court of record, or as provided in 37882
divisions (D)(1) and (2) of this section. These records shall not 37883
be considered "public records," as defined in section 149.43 of 37884
the Revised Code.37885

       (1) Except as otherwise provided by a law of this state or 37886
the United States, the department of youth services may release 37887
records that are maintained by the department of youth services 37888
and that pertain to children in its custody to the department of 37889
rehabilitation and correction regarding persons who are under the 37890
jurisdiction of the department of rehabilitation and correction 37891
and who have previously been committed to the department of youth 37892
services. The department of rehabilitation and correction may use 37893
those records for the limited purpose of carrying out the duties 37894
of the department of rehabilitation and correction. Records 37895
released by the department of youth services to the department of 37896
rehabilitation and correction shall remain confidential and shall 37897
not be considered public records as defined in section 149.43 of 37898
the Revised Code.37899

       (2) The department of youth services shall provide to the 37900
superintendent of the school district in which a child discharged 37901
or released from the custody of the department is entitled to 37902
attend school under section 3313.64 or 3313.65 of the Revised Code 37903
the records described in divisions (D)(4)(a) to (d) of section 37904
2152.18 of the Revised Code. Subject to the provisions of section 37905
3319.321 of the Revised Code and the Family Educational Rights and 37906
Privacy Act, 20 U.S.C. 1232g, as amended, the records released to 37907
the superintendent shall remain confidential and shall not be 37908
considered public records as defined in section 149.43 of the 37909
Revised Code.37910

       (E)(1) When a child is committed to the department of youth 37911
services, the department, orally or in writing, shall notify the 37912
parent, guardian, or custodian of a child that the parent, 37913
guardian, or custodian may request at any time from the 37914
superintendent of the institution in which the child is located 37915
any of the information described in divisions (E)(1)(a), (b), (c), 37916
and (d) of this section. The parent, guardian, or custodian may 37917
provide the department with the name, address, and telephone 37918
number of the parent, guardian, or custodian, and, until the 37919
department is notified of a change of name, address, or telephone 37920
number, the department shall use the name, address, and telephone 37921
number provided by the parent, guardian, or custodian to provide 37922
notices or answer inquiries concerning the following information:37923

       (a) When the department of youth services makes a permanent 37924
assignment of the child to a facility, the department, orally or 37925
in writing and on or before the third business day after the day 37926
the permanent assignment is made, shall notify the parent, 37927
guardian, or custodian of the child of the name of the facility to 37928
which the child has been permanently assigned.37929

       If a parent, guardian, or custodian of a child who is 37930
committed to the department of youth services requests, orally or 37931
in writing, the department to provide the parent, guardian, or 37932
custodian with the name of the facility in which the child is 37933
currently located, the department, orally or in writing and on or 37934
before the next business day after the day on which the request is 37935
made, shall provide the name of that facility to the parent, 37936
guardian, or custodian.37937

       (b) If a parent, guardian, or custodian of a child who is 37938
committed to the department of youth services, orally or in 37939
writing, asks the superintendent of the institution in which the 37940
child is located whether the child is being disciplined by the 37941
personnel of the institution, what disciplinary measure the 37942
personnel of the institution are using for the child, or why the 37943
child is being disciplined, the superintendent or the 37944
superintendent's designee, on or before the next business day 37945
after the day on which the request is made, shall provide the 37946
parent, guardian, or custodian with written or oral responses to 37947
the questions.37948

       (c) If a parent, guardian, or custodian of a child who is 37949
committed to the department of youth services, orally or in 37950
writing, asks the superintendent of the institution in which the 37951
child is held whether the child is receiving any medication from 37952
personnel of the institution, what type of medication the child is 37953
receiving, or what condition of the child the medication is 37954
intended to treat, the superintendent or the superintendent's 37955
designee, on or before the next business day after the day on 37956
which the request is made, shall provide the parent, guardian, or 37957
custodian with oral or written responses to the questions.37958

       (d) When a major incident occurs with respect to a child who 37959
is committed to the department of youth services, the department, 37960
as soon as reasonably possible after the major incident occurs, 37961
shall notify the parent, guardian, or custodian of the child that 37962
a major incident has occurred with respect to the child and of all 37963
the details of that incident that the department has ascertained.37964

       (2) The failure of the department of youth services to 37965
provide any notification required by or answer any requests made 37966
pursuant to division (E) of this section does not create a cause 37967
of action against the state.37968

       (F) The department of youth services, as a means of 37969
punishment while the child is in its custody, shall not prohibit a 37970
child who is committed to the department from seeing that child's 37971
parent, guardian, or custodian during standard visitation periods 37972
allowed by the department of youth services unless the 37973
superintendent of the institution in which the child is held 37974
determines that permitting that child to visit with the child's 37975
parent, guardian, or custodian would create a safety risk to that 37976
child, that child's parents, guardian, or custodian, the personnel 37977
of the institution, or other children held in that institution.37978

       (G) As used in this section:37979

       (1) "Permanent assignment" means the assignment or transfer 37980
for an extended period of time of a child who is committed to the 37981
department of youth services to a facility in which the child will 37982
receive training or participate in activities that are directed 37983
toward the child's successful rehabilitation. "Permanent 37984
assignment" does not include the transfer of a child to a facility 37985
for judicial release hearings pursuant to section 2152.22 of the 37986
Revised Code or for any other temporary assignment or transfer to 37987
a facility.37988

       (2) "Major incident" means the escape or attempted escape of 37989
a child who has been committed to the department of youth services 37990
from the facility to which the child is assigned; the return to 37991
the custody of the department of a child who has escaped or 37992
otherwise fled the custody and control of the department without 37993
authorization; the allegation of any sexual activity with a child 37994
committed to the department; physical injury to a child committed 37995
to the department as a result of alleged abuse by department 37996
staff; an accident resulting in injury to a child committed to the 37997
department that requires medical care or treatment outside the 37998
institution in which the child is located; the discovery of a 37999
controlled substance upon the person or in the property of a child 38000
committed to the department; a suicide attempt by a child 38001
committed to the department; a suicide attempt by a child 38002
committed to the department that results in injury to the child 38003
requiring emergency medical services outside the institution in 38004
which the child is located; the death of a child committed to the 38005
department; an injury to a visitor at an institution under the 38006
control of the department that is caused by a child committed to 38007
the department; and the commission or suspected commission of an 38008
act by a child committed to the department that would be an 38009
offense if committed by an adult.38010

       (3) "Sexual activity" has the same meaning as in section 38011
2907.01 of the Revised Code.38012

       (4) "Controlled substance" has the same meaning as in section 38013
3719.01 of the Revised Code.38014

       (5) "Residential care facility" and "residential facility" 38015
have the same meanings as in section 2151.011 of the Revised Code.38016

       Sec. 5139.12. Any person who is required, pursuant to 38017
division (A) of section 2151.421 of the Revised Code, to report 38018
the person's knowledge of or reasonable cause to suspect abuse or 38019
neglect or threat of abuse or neglect of a child under eighteen 38020
years of age or a mentally retarded, developmentally disabled, or 38021
physically impaired child under twenty-one years of age or any 38022
person who is permitted, pursuant to division (B) of that section, 38023
to report, or cause such a report to be made and who makes or 38024
causes the report to be made, shall direct that report to the 38025
state highway patrol if the child is a delinquent child in the 38026
custody of an institution. If the state highway patrol determines 38027
after receipt of the report that there is probable cause that 38028
abuse or neglect or threat of abuse or neglect of the delinquent 38029
child occurred, the highway patrol shall report its findings to 38030
the department of youth services, to the court that ordered the 38031
disposition of the delinquent child for the act that would have 38032
been an offense if committed by an adult and for which the 38033
delinquent child is in the custody of the department, to the 38034
public children services agency in the county in which the child 38035
resides or in which the abuse or neglect or threat of abuse or 38036
neglect occurred, and to the chairperson and vice-chairperson of 38037
the correctional institution inspection committee established by 38038
section 103.71 of the Revised Code. 38039

       Sec. 5139.34.  (A) Funds may be appropriated to the 38040
department of youth services for the purpose of granting state 38041
subsidies to counties. A county or the juvenile court that serves 38042
a county shall use state subsidies granted to the county pursuant 38043
to this section only in accordance with divisions (B)(2)(a) and 38044
(3)(a) of section 5139.43 of the Revised Code and the rules 38045
pertaining to the state subsidy funds that the department adopts 38046
pursuant to division (D) of section 5139.04 of the Revised Code. 38047
The department shall not grant financial assistance pursuant to 38048
this section for the provision of care and services for children 38049
in a placement facility unless the facility has been certified, 38050
licensed, or approved by a state or national agency with 38051
certification, licensure, or approval authority, including, but 38052
not limited to, the department of job and family services, 38053
department of education, department of mental health and addiction 38054
services, department of developmental disabilities, or American 38055
correctional association. For the purposes of this section, 38056
placement facilities do not include a state institution or a 38057
county or district children's home.38058

       The department also shall not grant financial assistance 38059
pursuant to this section for the provision of care and services 38060
for children, including, but not limited to, care and services in 38061
a detention facility, in another facility, or in out-of-home 38062
placement, unless the minimum standards applicable to the care and 38063
services that the department prescribes in rules adopted pursuant 38064
to division (D) of section 5139.04 of the Revised Code have been 38065
satisfied.38066

       (B) The department of youth services shall apply the 38067
following formula to determine the amount of the annual grant that 38068
each county is to receive pursuant to division (A) of this 38069
section, subject to the appropriation for this purpose to the 38070
department made by the general assembly:38071

       (1) Each county shall receive a basic annual grant of fifty 38072
thousand dollars.38073

       (2) The sum of the basic annual grants provided under 38074
division (B)(1) of this section shall be subtracted from the total 38075
amount of funds appropriated to the department of youth services 38076
for the purpose of making grants pursuant to division (A) of this 38077
section to determine the remaining portion of the funds 38078
appropriated. The remaining portion of the funds appropriated 38079
shall be distributed on a per capita basis to each county that has 38080
a population of more than twenty-five thousand for that portion of 38081
the population of the county that exceeds twenty-five thousand.38082

       (C)(1) Prior to a county's receipt of an annual grant 38083
pursuant to this section, the juvenile court that serves the 38084
county shall prepare, submit, and file in accordance with division 38085
(B)(3)(a) of section 5139.43 of the Revised Code an annual grant 38086
agreement and application for funding that is for the combined 38087
purposes of, and that satisfies the requirements of, this section 38088
and section 5139.43 of the Revised Code. In addition to the 38089
subject matters described in division (B)(3)(a) of section 5139.43 38090
of the Revised Code or in the rules that the department adopts to 38091
implement that division, the annual grant agreement and 38092
application for funding shall address fiscal accountability and 38093
performance matters pertaining to the programs, care, and services 38094
that are specified in the agreement and application and for which 38095
state subsidy funds granted pursuant to this section will be used.38096

       (2) The county treasurer of each county that receives an 38097
annual grant pursuant to this section shall deposit the state 38098
subsidy funds so received into the county's felony delinquent care 38099
and custody fund created pursuant to division (B)(1) of section 38100
5139.43 of the Revised Code. Subject to exceptions prescribed in 38101
section 5139.43 of the Revised Code that may apply to the 38102
disbursement, the department shall disburse the state subsidy 38103
funds to which a county is entitled in a lump sum payment that 38104
shall be made in July of each calendar year.38105

       (3) Upon an order of the juvenile court that serves a county 38106
and subject to appropriation by the board of county commissioners 38107
of that county, a county treasurer shall disburse from the 38108
county's felony delinquent care and custody fund the state subsidy 38109
funds granted to the county pursuant to this section for use only 38110
in accordance with this section, the applicable provisions of 38111
section 5139.43 of the Revised Code, and the county's approved 38112
annual grant agreement and application for funding.38113

       (4) The moneys in a county's felony delinquent care and 38114
custody fund that represent state subsidy funds granted pursuant 38115
to this section are subject to appropriation by the board of 38116
county commissioners of the county; shall be disbursed by the 38117
county treasurer as required by division (C)(3) of this section; 38118
shall be used in the manners referred to in division (C)(3) of 38119
this section; shall not revert to the county general fund at the 38120
end of any fiscal year; shall carry over in the felony delinquent 38121
care and custody fund from the end of any fiscal year to the next 38122
fiscal year; shall be in addition to, and shall not be used to 38123
reduce, any usual annual increase in county funding that the 38124
juvenile court is eligible to receive or the current level of 38125
county funding of the juvenile court and of any programs, care, or 38126
services for alleged or adjudicated delinquent children, unruly 38127
children, or juvenile traffic offenders or for children who are at 38128
risk of becoming delinquent children, unruly children, or juvenile 38129
traffic offenders; and shall not be used to pay for the care and 38130
custody of felony delinquents who are in the care and custody of 38131
an institution pursuant to a commitment, recommitment, or 38132
revocation of a release on parole by the juvenile court of that 38133
county or who are in the care and custody of a community 38134
corrections facility pursuant to a placement by the department 38135
with the consent of the juvenile court as described in division 38136
(E) of section 5139.36 of the Revised Code.38137

       (5) As a condition of the continued receipt of state subsidy 38138
funds pursuant to this section, each county and the juvenile court 38139
that serves each county that receives an annual grant pursuant to 38140
this section shall comply with divisions (B)(3)(b), (c), and (d) 38141
of section 5139.43 of the Revised Code.38142

       Sec. 5139.36.  (A) In accordance with this section and the 38143
rules adopted under it and from funds appropriated to the 38144
department of youth services for the purposes of this section, the 38145
department shall make grants that provide financial resources to 38146
operate community corrections facilities for felony delinquents.38147

       (B)(1) Each community corrections facility that intends to 38148
seek a grant under this section shall file an application with the 38149
department of youth services at the time and in accordance with 38150
the procedures that the department shall establish by rules 38151
adopted in accordance with Chapter 119. of the Revised Code. In 38152
addition to other items required to be included in the 38153
application, a plan that satisfies both of the following shall be 38154
included:38155

       (a) It reduces the number of felony delinquents committed to 38156
the department from the county or counties associated with the 38157
community corrections facility.38158

       (b) It ensures equal access for minority felony delinquents 38159
to the programs and services for which a potential grant would be 38160
used.38161

       (2) The department of youth services shall review each 38162
application submitted pursuant to division (B)(1) of this section 38163
to determine whether the plan described in that division, the 38164
community corrections facility, and the application comply with 38165
this section and the rules adopted under it.38166

       (C) To be eligible for a grant under this section and for 38167
continued receipt of moneys comprising a grant under this section, 38168
a community corrections facility shall satisfy at least all of the 38169
following requirements:38170

       (1) Be constructed, reconstructed, improved, or financed by 38171
the Ohio building authority pursuant to section 307.021 of the 38172
Revised Code and Chapter 152. of the Revised Code for the use of 38173
the department of youth services and be designated as a community 38174
corrections facility;38175

       (2) Have written standardized criteria governing the types of 38176
felony delinquents that are eligible for the programs and services 38177
provided by the facility;38178

       (3) Have a written standardized intake screening process and 38179
an intake committee that at least performs both of the following 38180
tasks:38181

       (a) Screens all eligible felony delinquents who are being 38182
considered for admission to the facility in lieu of commitment to 38183
the department;38184

       (b) Notifies, within ten days after the date of the referral 38185
of a felony delinquent to the facility, the committing court 38186
whether the felony delinquent will be admitted to the facility.38187

       (4) Comply with all applicable fiscal and program rules that 38188
the department adopts in accordance with Chapter 119. of the 38189
Revised Code and demonstrate that felony delinquents served by the 38190
facility have been or will be diverted from a commitment to the 38191
department.38192

       (D) The department of youth services shall determine the 38193
method of distribution of the funds appropriated for grants under 38194
this section to community corrections facilities.38195

       (E)(1) The department of youth services shall adopt rules in 38196
accordance with Chapter 119. of the Revised Code to establish the 38197
minimum occupancy threshold of community corrections facilities.38198

        (2) The department may make referrals for the placement of38199
place children in its custody toin a community corrections 38200
facility. At least forty-five days prior to the referral of a 38201
child or within any shorter period prior to the referral of the 38202
child that the committing court may allow, the department shall 38203
notify the committing court of its intent to place the child in a 38204
community corrections facility. The court shall have thirty days 38205
after the receipt of the notice to approve or disapprove the 38206
placement. If the court does not respond to the notice of the 38207
placement within that thirty-day period, the department shall 38208
proceed with the placement and debitcharge bed days to the county 38209
in accordance with sections 5139.41 to 5139.43 of the Revised 38210
Code. A child placed in a community corrections facility pursuant 38211
to this division shall remain in the legal custody of the 38212
department of youth services during the period in which the child 38213
is in the community corrections facility.38214

        (3) Counties that are not associated with a community 38215
corrections facility may refer children to a community corrections 38216
facility with the consent of the facility. The department of youth 38217
services shall debit the county that makes the referral in 38218
accordance with sections 5139.41 to 5139.43 of the Revised Code.38219

       (F) The board or other governing body of a community 38220
corrections facility shall meet not less often than once per 38221
quarter. A community corrections facility may reimburse the 38222
members of the board or other governing body of the facility and 38223
the members of an advisory board created by the board or other 38224
governing body of the facility for their actual and necessary 38225
expenses incurred in the performance of their official duties. The 38226
members of the board or other governing body of the facility and 38227
the members of an advisory board created by the board or other 38228
governing body of the facility shall serve without compensation.38229

       Sec. 5139.41.  The appropriation made to the department of 38230
youth services for care and custody of felony delinquents shall be 38231
expended in accordance with the following procedure that the 38232
department shall use for each year of a biennium. The procedure 38233
shall be consistent with sections 5139.41 to 5139.43 of the 38234
Revised Code and shall be developed in accordance with the 38235
following guidelines:38236

       (A) The line item appropriation for the care and custody of 38237
felony delinquents shall provide funding for operational costs for 38238
the following:38239

       (1) Institutions and the diagnosis, care, or treatment of 38240
felony delinquents at facilities pursuant to contracts entered 38241
into under section 5139.08 of the Revised Code;38242

       (2) Community corrections facilities constructed, 38243
reconstructed, improved, or financed as described in section 38244
5139.36 of the Revised Code for the purpose of providing 38245
alternative placement and services for felony delinquents who have 38246
been diverted from care and custody in institutions;38247

       (3) County juvenile courts that administer programs and 38248
services for prevention, early intervention, diversion, treatment, 38249
and rehabilitation services and programs that are provided for 38250
alleged or adjudicated unruly or delinquent children or for 38251
children who are at risk of becoming unruly or delinquent 38252
children; 38253

       (4) Administrative expenses the department incurs in 38254
connection with the felony delinquent care and custody programs 38255
described in section 5139.43 of the Revised Code. 38256

       (B) From the appropriated line item for the care and custody 38257
of felony delinquents, the department, with the advice of the 38258
RECLAIM advisory committee established under section 5139.44 of 38259
the Revised Code, shall allocate annual operational funds for 38260
county juvenile programs, institutional care and custody, 38261
community corrections facilities care and custody, and 38262
administrative expenses incurred by the department associated with 38263
felony delinquent care and custody programs. The department, with 38264
the advice of the RECLAIM advisory committee, shall adjust these 38265
allocations, when modifications to this line item are made by 38266
legislative or executive action.38267

       (C) The department shall divide county juvenile program 38268
allocations among county juvenile courts that administer programs 38269
and services for prevention, early intervention, diversion, 38270
treatment, and rehabilitation that are provided for alleged or 38271
adjudicated unruly or delinquent children or for children who are 38272
at risk of becoming unruly or delinquent children. The department 38273
shall base funding on the county's previous year's ratio of the 38274
department's institutional and community correctionalcorrections38275
facilities commitments to that county's average of felony 38276
adjudications, as specified in the following formula:38277

       (1) The department shall give to each county a proportional 38278
allocation of commitment credits. The proportional allocation of 38279
commitment credits shall be calculated by the following 38280
procedures:38281

       (a) The department shall determine for each county and for 38282
the state an average of felony adjudications. Beginning July 1, 38283
2012, the average shall include felony adjudications for fiscal 38284
year 2007 and for each subsequent fiscal year through fiscal year 38285
2016. Beginning July 1, 2017, the most recent felony adjudication 38286
data shall be included and the oldest fiscal year data shall be 38287
removed so that a ten-year average of felony adjudication data 38288
will be maintained.38289

       (b) The department shall determine for each county and for 38290
the state the number of charged bed days, for both the department 38291
and community correctionalcorrections facilities, from the 38292
previous year.38293

       (c) The department shall divide the statewide total number of 38294
charged bed days by the statewide total number of felony 38295
adjudications, which quotient shall then be multiplied by a factor 38296
determined by the department.38297

       (d) The department shall calculate the county's allocation of 38298
credits by multiplying the number of adjudications for each court 38299
by the result determined pursuant to division (C)(1)(c) of this 38300
section.38301

       (2) The department shall subtract from the allocation 38302
determined pursuant to division (C)(1) of this section a credit 38303
for every chargeable bed day while a youth staysis in a 38304
department institutionthe department's custody and two-thirds of 38305
credit for every chargeable bed day a youth stays in a community 38306
correctionalcorrections facility, except for public safety beds. 38307
At the end of the year, the department shall divide the amount of 38308
remaining credits of that county's allocation by the total number 38309
of remaining credits to all counties, to determine the county's 38310
percentage, which shall then be applied to the total county 38311
allocation to determine the county's payment for the fiscal year.38312

       (3) The department shall pay counties three times during the 38313
fiscal year to allow for credit reporting and audit adjustments, 38314
and modifications to the appropriated line item for the care and 38315
custody of felony delinquents, as described in this section. The 38316
department shall pay fifty per cent of the payment by the 38317
fifteenth of July of each fiscal year, twenty-five per cent by the 38318
fifteenth of January of that fiscal year, and twenty-five per cent 38319
of the payment by the fifteenth of June of that fiscal year.38320

       Sec. 5139.45.  (A) As used in this section:38321

       (1) "Institution" means a state facility that is created by 38322
the general assembly and that is under the management and control 38323
of the department of youth services or a private entity with which 38324
the department has contracted for the institutional care and 38325
custody of felony delinquents.38326

       (2) "Quality assurance program" means a comprehensive program 38327
within the department of youth services to systematically review 38328
and improve the quality of programming, operations, education, 38329
medical and mental health services within the department and the 38330
department's institutions, the safety and security of persons 38331
receiving care and services within the department and the 38332
department's institutions, and the efficiency and effectiveness of 38333
the utilization of staff and resources in the delivery of services 38334
within the department and the department's institutions.38335

       (3) "Quality assurance program activities" means the 38336
activities of the institution and the office of quality assurance 38337
and improvement, of persons who provide, collect, or compile 38338
information and reports required by the office of quality 38339
assurance and improvement, and of persons who receive, review, or 38340
implement the recommendations made by the office of quality 38341
assurance and improvement. "Quality assurance program activities" 38342
include credentialing, infection control, utilization review 38343
including access to patient care, patient care assessments, 38344
medical and mental health records, medical and mental health 38345
resource management, mortality and morbidity review, and 38346
identification and prevention of medical or mental health 38347
incidents and risks, whether performed by the office of quality 38348
assurance and improvement or by persons who are directed by the 38349
office of quality assurance and improvement.38350

       (4) "Quality assurance record" means the proceedings, 38351
records, minutes, and reports that result from quality assurance 38352
program activities. "Quality assurance record" does not include 38353
aggregate statistical information that does not disclose the 38354
identity of persons receiving or providing services in 38355
institutions.38356

       (B) The office of quality assurance and improvement is hereby 38357
created as an office in the department of youth services. The 38358
director of youth services shall appoint a managing officer to 38359
carry out quality assurance program activities.38360

       (C)(1) Except as otherwise provided in division (F) of this 38361
section, quality assurance records are confidential and are not 38362
public records under section 149.43 of the Revised Code and shall 38363
be used only in the course of the proper functions of a quality 38364
assurance program.38365

       (2) Except as provided in division (F) of this section, no 38366
person who possesses or has access to quality assurance records 38367
and who knows that the records are quality assurance records shall 38368
willfully disclose the contents of the records to any person or 38369
entity.38370

       (D)(1) Except as otherwise provided in division (F) of this 38371
section, a quality assurance record is not subject to discovery 38372
and is not admissible as evidence in any judicial or 38373
administrative proceeding.38374

       (2) Except as provided in division (F) of this section, no 38375
employee of the office of quality assurance and improvement or a 38376
person who is performing a function that is part of a quality 38377
assurance program shall be permitted or required to testify in a 38378
judicial or administrative proceeding with respect to a quality 38379
assurance record or with respect to any finding, recommendation, 38380
evaluation, opinion, or other action taken by the office or 38381
program or by the person within the scope of the quality assurance 38382
program.38383

       (3) Information, documents, or records otherwise available 38384
from original sources shall not be unavailable for discovery or 38385
inadmissible as evidence in a judicial or administrative 38386
proceeding under division (D)(1) of this section merely because 38387
they were presented to the office of quality assurance and 38388
improvement. No person who is an employee of the office of quality 38389
assurance and improvement shall be prohibited from testifying as 38390
to matters within the person's knowledge, but the person shall not 38391
be asked about an opinion formed by the person as a result of the 38392
person's quality assurance program activities.38393

       (E)(1) A person who, without malice and in the reasonable 38394
belief that the information is warranted by the facts known to the 38395
person, provides information to a person engaged in quality 38396
assurance program activities is not liable for damages in a civil 38397
action for injury, death, or loss to person or property as a 38398
result of providing the information.38399

       (2) An employee of the office of quality assurance and 38400
improvement, a person engaged in quality assurance program 38401
activities, or an employee of the department of youth services 38402
shall not be liable in damages in a civil action for injury, 38403
death, or loss to person or property for any acts, omissions, 38404
decisions, or other conduct within the scope of the functions of 38405
the quality assurance program.38406

       (3) Nothing in this section shall relieve any institution 38407
from liability arising from the treatment of a patient.38408

       (F) Quality assurance records may be disclosed, and testimony 38409
may be provided concerning quality assurance records, only to the 38410
following persons or entities or under the following 38411
circumstances:38412

       (1) Persons who are employed or retained by the department of 38413
youth services and who have the authority to evaluate or implement 38414
the recommendations of an institution or the office of quality 38415
assurance and improvement;38416

       (2) Public or private agencies or organizations if needed to 38417
perform a licensing or accreditation function related to 38418
institutions or to perform monitoring of institutions as required 38419
by law;38420

       (3) A governmental board or agency, a professional health 38421
care society or organization, or a professional standards review 38422
organization, if the records or testimony are needed to perform 38423
licensing, credentialing, or monitoring of professional standards 38424
with respect to medical or mental health professionals employed or 38425
retained by the department;38426

       (4) A criminal or civil law enforcement agency or public 38427
health agency charged by law with the protection of public health 38428
or safety, if a qualified representative of the agency makes a 38429
written request stating that the records or testimony are 38430
necessary for a purpose authorized by law;38431

       (5) In a judicial or administrative proceeding commenced by 38432
an entity described in division (F)(3) or (4) of this section for 38433
a purpose described in that division but only with respect to the 38434
subject of the proceedings.38435

       (G) A disclosure of quality assurance records pursuant to 38436
division (F) of this section does not otherwise waive the 38437
confidential and privileged status of the disclosed quality 38438
assurance records. The names and other identifying information 38439
regarding individual patients or employees of the office of 38440
quality assurance and improvement contained in a quality assurance 38441
record shall be redacted from the record prior to the disclosure 38442
of the record unless the identity of an individual is necessary 38443
for the purpose for which the disclosure is being made and does 38444
not constitute a clearly unwarranted invasion of personal privacy. 38445

       Sec. 5164.34. (A) As used in this section:38446

       (1) "Criminal records check" has the same meaning as in 38447
section 109.572 of the Revised Code.38448

       (2) "Disqualifying offense" means any of the offenses listed 38449
or described in divisions (A)(3)(a) to (e) of section 109.572 of 38450
the Revised Code.38451

       (3) "Owner" means a person who has an ownership interest in a 38452
medicaid provider in an amount designated in rules authorized by 38453
this section.38454

       (4) "Person subject to the criminal records check 38455
requirement" means the following:38456

       (a) A medicaid provider who is notified under division (E)(1) 38457
of this section that the provider is subject to a criminal records 38458
check;38459

       (b) An owner or prospective owner, officer or prospective 38460
officer, or board member or prospective board member of a medicaid 38461
provider if, pursuant to division (E)(1)(a) of this section, the 38462
owner or prospective owner, officer or prospective officer, or 38463
board member or prospective board member is specified in 38464
information given to the provider under division (E)(1) of this 38465
section;38466

       (c) An employee or prospective employee of a medicaid 38467
provider if both of the following apply:38468

       (i) The employee or prospective employee is specified, 38469
pursuant to division (E)(1)(b) of this section, in information 38470
given to the provider under division (E)(1) of this section.38471

       (ii) The provider is not prohibited by division (D)(3)(b) of 38472
this section from employing the employee or prospective employee.38473

        (5) "Responsible entity" means the following:38474

       (a) With respect to a criminal records check required under 38475
this section for a medicaid provider, the department of medicaid 38476
or the department's designee;38477

       (b) With respect to a criminal records check required under 38478
this section for an owner or prospective owner, officer or 38479
prospective officer, board member or prospective board member, or 38480
employee or prospective employee of a medicaid provider, the 38481
provider. 38482

       (B) This section does not apply to any individual who is 38483
subject to a criminal records check under section 3712.09, 38484
3721.121, 5123.081, 5123.169, or 5164.341 of the Revised Code or 38485
any individual who is subject to a database review or criminal 38486
records check under section 173.38, 3701.881, or 5164.342 of the 38487
Revised Code.38488

       (C) The department of medicaid may do any of the following:38489

       (1) Require that any medicaid provider submit to a criminal 38490
records check as a condition of obtaining or maintaining a 38491
provider agreement;38492

       (2) Require that any medicaid provider require an owner or 38493
prospective owner, officer or prospective officer, or board member 38494
or prospective board member of the provider submit to a criminal 38495
records check as a condition of being an owner, officer, or board 38496
member of the provider;38497

       (3) Require that any medicaid provider do the following:38498

       (a) If so required by rules authorized by this section, 38499
determine pursuant to a database review conducted under division 38500
(F)(1)(a) of this section whether any employee or prospective 38501
employee of the provider is included in a database;38502

       (b) Unless the provider is prohibited by division (D)(3)(b) 38503
of this section from employingretaining the employee or hiring 38504
the prospective employee, require the employee or prospective 38505
employee to submit to a criminal records check as a condition of 38506
being retained as an employee of, or hired by, the provider. 38507

       (D)(1) The department or the department's designee shall deny 38508
or terminate a medicaid provider's provider agreement if the 38509
provider is a person subject to the criminal records check 38510
requirement and either of the following applies:38511

       (a) The provider fails to obtain the criminal records check 38512
after being given the information specified in division (G)(1) of 38513
this section.38514

       (b) Except as provided in rules authorized by this section, 38515
the provider is found by the criminal records check to have been 38516
convicted of or have pleaded guilty to a disqualifying offense, 38517
regardless of the date of the conviction or the date of entry of 38518
the guilty plea.38519

       (2) No medicaid provider shall permit a person to be an 38520
owner, officer, or board member of the provider if the person is a 38521
person subject to the criminal records check requirement and 38522
either of the following applies:38523

       (a) The person fails to obtain the criminal records check 38524
after being given the information specified in division (G)(1) of 38525
this section.38526

       (b) Except as provided in rules authorized by this section, 38527
the person is found by the criminal records check to have been 38528
convicted of or have pleaded guilty to a disqualifying offense, 38529
regardless of the date of the conviction or the date of entry of 38530
the guilty plea.38531

       (3) No medicaid provider shall employretain as an employee 38532
or hire a person if any of the following apply:38533

       (a) The person has been excluded from being a medicaid 38534
provider, a medicare provider, or provider for any other federal 38535
health care program.38536

       (b) If the person is subject to a database review conducted 38537
under division (F)(1)(a) of this section, the person is found by 38538
the database review to be included in a database and the rules 38539
authorized by this section regarding the database review prohibit 38540
the provider from employingretaining as an employee or hiring a 38541
person included in the database.38542

       (c) If the person is a person subject to the criminal records 38543
check requirement, either of the following applies:38544

       (i) The person fails to obtain the criminal records check 38545
after being given the information specified in division (G)(1) of 38546
this section.38547

       (ii) Except as provided in rules authorized by this section, 38548
the person is found by the criminal records check to have been 38549
convicted of or have pleaded guilty to a disqualifying offense, 38550
regardless of the date of the conviction or the date of entry of 38551
the guilty plea.38552

       (E)(1) The department or the department's designee shall 38553
inform each medicaid provider whether the provider is subject to a 38554
criminal records check. For providers with valid provider 38555
agreements, the information shall be given at times designated in 38556
rules authorized by this section. For providers applying to be 38557
medicaid providers, the information shall be given at the time of 38558
initial application. When the information is given, the department 38559
or the department's designee shall specify the following:38560

       (a) Which of the provider's owners or prospective owners, 38561
officers or prospective officers, or board members or prospective 38562
board members are subject to a criminal records check;38563

       (b) Which of the provider's employees or prospective 38564
employees are subject to division (C)(3) of this section.38565

       (2) At times designated in rules authorized by this section, 38566
a medicaid provider that is a person subject to the criminal 38567
records check requirement shall do the following:38568

       (a) Inform each person specified under division (E)(1)(a) of 38569
this section that the person is required to submit to a criminal 38570
records check as a condition of being an owner, officer, or board 38571
member of the provider;38572

       (b) Inform each person specified under division (E)(1)(b) of 38573
this section that the person is subject to division (C)(3) of this 38574
section.38575

       (F)(1) If a medicaid provider is a person subject to the 38576
criminal records check requirement, the department or the 38577
department's designee shall require the conduct of a criminal 38578
records check by the superintendent of the bureau of criminal 38579
identification and investigation. A medicaid provider shall 38580
require the conduct of a criminal records check by the 38581
superintendent with respect to each of the persons specified under 38582
division (E)(1)(a) of this section. With respect to each employee 38583
and prospective employee specified under division (E)(1)(b) of 38584
this section, a medicaid provider shall do the following:38585

       (a) If rules authorized by this section require the provider 38586
to conduct a database review to determine whether the employee or 38587
prospective employee is included in a database, conduct the 38588
database review in accordance with the rules;38589

       (b) Unless the provider is prohibited by division (D)(3)(b) 38590
of this section from employingretaining the employee or hiring 38591
the prospective employee, require the conduct of a criminal 38592
records check of the employee or prospective employee by the 38593
superintendent.38594

       (2) If a person subject to the criminal records check 38595
requirement does not present proof of having been a resident of 38596
this state for the five-year period immediately prior to the date 38597
the criminal records check is requested or provide evidence that 38598
within that five-year period the superintendent has requested 38599
information about the person from the federal bureau of 38600
investigation in a criminal records check, the responsible entity 38601
shall require the person to request that the superintendent obtain 38602
information from the federal bureau of investigation as part of 38603
the criminal records check of the person. Even if the person 38604
presents proof of having been a resident of this state for the 38605
five-year period, the responsible entity may require that the 38606
person request that the superintendent obtain information from the 38607
federal bureau of investigation and include it in the criminal 38608
records check of the person.38609

       (G) Criminal records checks required by this section shall be 38610
obtained as follows:38611

       (1) The responsible entity shall provide each person subject 38612
to the criminal records check requirement information about 38613
accessing and completing the form prescribed pursuant to division 38614
(C)(1) of section 109.572 of the Revised Code and the standard 38615
impression sheet prescribed pursuant to division (C)(2) of that 38616
section.38617

       (2) The person subject to the criminal records check 38618
requirement shall submit the required form and one complete set of 38619
the person's fingerprint impressions directly to the 38620
superintendent for purposes of conducting the criminal records 38621
check using the applicable methods prescribed by division (C) of 38622
section 109.572 of the Revised Code. The person shall pay all fees 38623
associated with obtaining the criminal records check.38624

       (3) The superintendent shall conduct the criminal records 38625
check in accordance with section 109.572 of the Revised Code. The 38626
person subject to the criminal records check requirement shall 38627
instruct the superintendent to submit the report of the criminal 38628
records check directly to the responsible entity. If the 38629
department or the department's designee is not the responsible 38630
entity, the department or designee may require the responsible 38631
entity to submit the report to the department or designee.38632

       (H)(1) A medicaid provider may employ conditionally hire a 38633
person for whom a criminal records check is required by this 38634
section prior to obtaining the results of the criminal records 38635
check if both of the following apply:38636

       (a) The provider is not prohibited by division (D)(3)(b) of 38637
this section from employinghiring the person.38638

        (b) The person submits a request for the criminal records 38639
check not later than five business days after the provider 38640
conditionally hires the person begins conditional employment.38641

       (2) A medicaid provider that employs a person conditionally 38642
hires a person under division (H)(1) of this section shall 38643
terminate the person's employmentremove the conditionally hired 38644
person from any job duties that require a criminal records check38645
if the results of the criminal records check request are not 38646
obtained within the period ending sixty days after the date the 38647
request is made. Regardless38648

       Regardless of when the results of the criminal records check 38649
are obtained, if the results indicate that the conditionally hired38650
person has been convicted of or has pleaded guilty to a 38651
disqualifying offense, the provider shall terminate the 38652
conditionally hired person's employment unless circumstances 38653
specified in rules authorized by this section exist that permit 38654
the provider to employhire the person and the provider chooses to 38655
employhire the person.38656

       (I) The report of a criminal records check conducted pursuant 38657
to this section is not a public record for the purposes of section 38658
149.43 of the Revised Code and shall not be made available to any 38659
person other than the following:38660

       (1) The person who is the subject of the criminal records 38661
check or the person's representative;38662

       (2) The medicaid director and the staff of the department who 38663
are involved in the administration of the medicaid program;38664

       (3) The department's designee;38665

       (4) The medicaid provider who required the person who is the 38666
subject of the criminal records check to submit to the criminal 38667
records check;38668

        (5) An individual receiving or deciding whether to receive, 38669
from the subject of the criminal records check, home and 38670
community-based services available under the medicaid state plan;38671

       (6) A court, hearing officer, or other necessary individual 38672
involved in a case dealing with any of the following:38673

       (a) The denial or termination of a provider agreement;38674

        (b) A person's denial of employmenthiring of a person or 38675
retention of a person, termination of a person's employment, or a 38676
person's employment or unemployment benefits;38677

       (c) A civil or criminal action regarding the medicaid 38678
program.38679

       (J) The medicaid director may adopt rules under section 38680
5164.02 of the Revised Code to implement this section. If the 38681
director adopts such rules, the rules shall designate the times at 38682
which a criminal records check must be conducted under this 38683
section. The rules may do any of the following:38684

       (1) Designate the categories of persons who are subject to a 38685
criminal records check under this section;38686

        (2) Specify circumstances under which the department or the 38687
department's designee may continue a provider agreement or issue a 38688
provider agreement when the medicaid provider is found by a 38689
criminal records check to have been convicted of,or pleaded 38690
guilty to, or been found eligible for intervention in lieu of 38691
conviction for a disqualifying offense;38692

       (3) Specify circumstances under which a medicaid provider may 38693
permit a person to be hired by, be retained as an employee of, or 38694
be an owner, officer, or board member of the provider when the 38695
person is found by a criminal records check conducted pursuant to 38696
this section to have been convicted of or have pleaded guilty to a 38697
disqualifying offense;38698

       (4) Specify all of the following:38699

       (a) The circumstances under which a database review must be 38700
conducted under division (F)(1)(a) of this section to determine 38701
whether an employee or prospective employee of a medicaid provider 38702
is included in a database;38703

       (b) The procedures for conducting the database review;38704

       (c) The databases that are to be checked;38705

       (d) The circumstances under which a medicaid provider is 38706
prohibited from employingretaining as an employee or hiring a 38707
person who is found by the database review to be included in a 38708
database.38709

       Sec. 5164.342.  (A) As used in this section:38710

        "Applicant" means a person who is under final consideration 38711
for employment withhiring by a waiver agency in a full-time, 38712
part-time, or temporary position that involves providing home and 38713
community-based services.38714

        "Community-based long-term care provider" means a provider as 38715
defined in section 173.39 of the Revised Code.38716

       "Community-based long-term care subcontractor" means a 38717
subcontractor as defined in section 173.38 of the Revised Code.38718

        "Criminal records check" has the same meaning as in section 38719
109.572 of the Revised Code.38720

        "Disqualifying offense" means any of the offenses listed or 38721
described in divisions (A)(3)(a) to (e) of section 109.572 of the 38722
Revised Code.38723

       "Employee" means a person employed by a waiver agency in a 38724
full-time, part-time, or temporary position that involves 38725
providing home and community-based services.38726

       "Waiver agency" means a person or government entity that 38727
provides home and community-based services under a home and 38728
community-based services medicaid waiver component administered by 38729
the department of medicaid, other than such a person or government 38730
entity that is certified under the medicare program. "Waiver 38731
agency" does not mean an independent provider as defined in 38732
section 5164.341 of the Revised Code.38733

       (B) This section does not apply to any individual who is 38734
subject to a database review or criminal records check under 38735
section 3701.881 of the Revised Code. If a waiver agency also is a 38736
community-based long-term care provider or community-based 38737
long-term care subcontractor, the waiver agency may provide for 38738
applicants and employees to undergo database reviews and criminal 38739
records checks in accordance with section 173.38 of the Revised 38740
Code rather than this section.38741

        (C) No waiver agency shall employhire an applicant or 38742
continue to employretain an employee in a position that involves 38743
providing home and community-based services if any of the 38744
following apply:38745

       (1) A review of the databases listed in division (E) of this 38746
section reveals any of the following:38747

       (a) That the applicant or employee is included in one or more 38748
of the databases listed in divisions (E)(1) to (5) of this 38749
section;38750

       (b) That there is in the state nurse aide registry 38751
established under section 3721.32 of the Revised Code a statement 38752
detailing findings by the director of health that the applicant or 38753
employee neglected or abused a long-term care facility or 38754
residential care facility resident or misappropriated property of 38755
such a resident;38756

       (c) That the applicant or employee is included in one or more 38757
of the databases, if any, specified in rules authorized by this 38758
section and the rules prohibit the waiver agency from employing38759
hiring an applicant or continuing to employretaining an employee 38760
included in such a database in a position that involves providing 38761
home and community-based services.38762

       (2) After the applicant or employee is given the information 38763
and notification required by divisions (F)(2)(a) and (b) of this 38764
section, the applicant or employee fails to do either of the 38765
following:38766

       (a) Access, complete, or forward to the superintendent of the 38767
bureau of criminal identification and investigation the form 38768
prescribed to division (C)(1) of section 109.572 of the Revised 38769
Code or the standard impression sheet prescribed pursuant to 38770
division (C)(2) of that section;38771

       (b) Instruct the superintendent to submit the completed 38772
report of the criminal records check required by this section 38773
directly to the chief administrator of the waiver agency.38774

       (3) Except as provided in rules authorized by this section, 38775
the applicant or employee is found by a criminal records check 38776
required by this section to have been convicted of or have pleaded 38777
guilty to a disqualifying offense, regardless of the date of the 38778
conviction or date of entry of the guilty plea.38779

       (D) At the time of each applicant's initial application for 38780
employment inhiring into a position that involves providing home 38781
and community-based services, the chief administrator of a waiver 38782
agency shall inform the applicant of both of the following:38783

       (1) That a review of the databases listed in division (E) of 38784
this section will be conducted to determine whether the waiver 38785
agency is prohibited by division (C)(1) of this section from 38786
employinghiring the applicant ininto the position;38787

       (2) That, unless the database review reveals that the 38788
applicant may not be employed inhired into the position, a 38789
criminal records check of the applicant will be conducted and the 38790
applicant is required to provide a set of the applicant's 38791
fingerprint impressions as part of the criminal records check.38792

       (E) As a condition of employingfor hiring any applicant in38793
into a position that involves providing home and community-based 38794
services, the chief administrator of a waiver agency shall conduct 38795
a database review of the applicant in accordance with rules 38796
authorized by this section. If rules authorized by this section so 38797
require, the chief administrator of a waiver agency shall conduct 38798
a database review of an employee in accordance with the rules as a 38799
condition of continuing to employretaining the employee in a 38800
position that involves providing home and community-based 38801
services. A database review shall determine whether the applicant 38802
or employee is included in any of the following:38803

       (1) The excluded parties list system that is maintained by 38804
the United States general services administration pursuant to 38805
subpart 9.4 of the federal acquisition regulation and available at 38806
the federal web site known as the system for award management;38807

       (2) The list of excluded individuals and entities maintained 38808
by the office of inspector general in the United States department 38809
of health and human services pursuant to the "Social Security 38810
Act," sections 1128 and 1156, 42 U.S.C. 1320a-7 and 1320c-5;38811

       (3) The registry of MR/DD employees established under section 38812
5123.52 of the Revised Code;38813

       (4) The internet-based sex offender and child-victim offender 38814
database established under division (A)(11) of section 2950.13 of 38815
the Revised Code;38816

       (5) The internet-based database of inmates established under 38817
section 5120.66 of the Revised Code;38818

       (6) The state nurse aide registry established under section 38819
3721.32 of the Revised Code;38820

       (7) Any other database, if any, specified in rules authorized 38821
by this section.38822

       (F)(1) As a condition of employingfor hiring any applicant 38823
ininto a position that involves providing home and 38824
community-based services, the chief administrator of a waiver 38825
agency shall require the applicant to request that the 38826
superintendent of the bureau of criminal identification and 38827
investigation conduct a criminal records check of the applicant. 38828
If rules authorized by this section so require, the chief 38829
administrator of a waiver agency shall require an employee to 38830
request that the superintendent conduct a criminal records check 38831
of the employee at times specified in the rules as a condition of 38832
continuing to employfor retaining the employee in a position that 38833
involves providing home and community-based services. However, a 38834
criminal records check is not required for an applicant or 38835
employee if the waiver agency is prohibited by division (C)(1) of 38836
this section from employinghiring the applicant or continuing to 38837
employretaining the employee in a position that involves 38838
providing home and community-based services. If an applicant or 38839
employee for whom a criminal records check request is required by 38840
this section does not present proof of having been a resident of 38841
this state for the five-year period immediately prior to the date 38842
the criminal records check is requested or provide evidence that 38843
within that five-year period the superintendent has requested 38844
information about the applicant or employee from the federal 38845
bureau of investigation in a criminal records check, the chief 38846
administrator shall require the applicant or employee to request 38847
that the superintendent obtain information from the federal bureau 38848
of investigation as part of the criminal records check. Even if an 38849
applicant or employee for whom a criminal records check request is 38850
required by this section presents proof of having been a resident 38851
of this state for the five-year period, the chief administrator 38852
may require the applicant or employee to request that the 38853
superintendent include information from the federal bureau of 38854
investigation in the criminal records check.38855

       (2) The chief administrator shall provide the following to 38856
each applicant and employee for whom a criminal records check is 38857
required by this section:38858

       (a) Information about accessing, completing, and forwarding 38859
to the superintendent of the bureau of criminal identification and 38860
investigation the form prescribed pursuant to division (C)(1) of 38861
section 109.572 of the Revised Code and the standard impression 38862
sheet prescribed pursuant to division (C)(2) of that section;38863

       (b) Written notification that the applicant or employee is to 38864
instruct the superintendent to submit the completed report of the 38865
criminal records check directly to the chief administrator.38866

       (3) A waiver agency shall pay to the bureau of criminal 38867
identification and investigation the fee prescribed pursuant to 38868
division (C)(3) of section 109.572 of the Revised Code for any 38869
criminal records check required by this section. However, a waiver 38870
agency may require an applicant to pay to the bureau the fee for a 38871
criminal records check of the applicant. If the waiver agency pays 38872
the fee for an applicant, it may charge the applicant a fee not 38873
exceeding the amount the waiver agency pays to the bureau under 38874
this section if the waiver agency notifies the applicant at the 38875
time of initial application for employmenthiring into the 38876
position in question of the amount of the fee and that, unless the 38877
fee is paid, the applicant will not be considered for employment38878
the hiring.38879

       (G)(1) A waiver agency may employ conditionally hire an 38880
applicant for whom a criminal records check is required by this 38881
section prior to obtaining the results of the criminal records 38882
check if both of the following apply:38883

       (a) The waiver agency is not prohibited by division (C)(1) of 38884
this section from employinghiring the applicant in a position 38885
that involves providing home and community-based services.38886

        (b) The chief administrator of the waiver agency requires the 38887
applicant to request a criminal records check regarding the 38888
applicant in accordance with division (F)(1) of this section not 38889
later than five business days after the waiver agency 38890
conditionally hires the applicant begins conditional employment.38891

       (2) A waiver agency that employsconditionally hires an 38892
applicant conditionally under division (G)(1) of this section 38893
shall terminate the applicant's employmentremove the 38894
conditionally hired applicant from any job duties that require a 38895
criminal records check if the results of the criminal records 38896
check, other than the results of any request for information from 38897
the federal bureau of investigation, are not obtained within the 38898
period ending sixty days after the date the request for the 38899
criminal records check is made. Regardless38900

       Regardless of when the results of the criminal records check 38901
are obtained, if the results indicate that the conditionally hired38902
applicant has been convicted of or has pleaded guilty to a 38903
disqualifying offense, the waiver agency shall terminate the 38904
conditionally hired applicant's employment unless circumstances 38905
specified in rules authorized by this section exist that permit 38906
the waiver agency to employhire the applicant and the waiver 38907
agency chooses to employhire the applicant.38908

       (H) The report of any criminal records check conducted 38909
pursuant to a request made under this section is not a public 38910
record for the purposes of section 149.43 of the Revised Code and 38911
shall not be made available to any person other than the 38912
following:38913

       (1) The applicant or employee who is the subject of the 38914
criminal records check or the representative of the applicant or 38915
employee;38916

       (2) The chief administrator of the waiver agency that 38917
requires the applicant or employee to request the criminal records 38918
check or the administrator's representative;38919

       (3) The medicaid director and the staff of the department who 38920
are involved in the administration of the medicaid program;38921

       (4) The director of aging or the director's designee if the 38922
waiver agency also is a community-based long-term care provider or 38923
community-based long-term care subcontractor;38924

        (5) An individual receiving or deciding whether to receive 38925
home and community-based services from the subject of the criminal 38926
records check;38927

       (6) A court, hearing officer, or other necessary individual 38928
involved in a case dealing with any of the following:38929

       (a) A denial of employmenthiring of the applicant or of 38930
retention of the employee;38931

       (b) Employment or unemployment benefits of the applicant or 38932
employee;38933

       (c) A civil or criminal action regarding the medicaid 38934
program.38935

       (I) The medicaid director shall adopt rules under section 38936
5164.02 of the Revised Code to implement this section. 38937

       (1) The rules may do the following:38938

       (a) Require employees to undergo database reviews and 38939
criminal records checks under this section;38940

       (b) If the rules require employees to undergo database 38941
reviews and criminal records checks under this section, exempt one 38942
or more classes of employees from the requirements;38943

       (c) For the purpose of division (E)(7) of this section, 38944
specify other databases that are to be checked as part of a 38945
database review conducted under this section.38946

       (2) The rules shall specify all of the following:38947

       (a) The procedures for conducting a database review under 38948
this section;38949

       (b) If the rules require employees to undergo database 38950
reviews and criminal records checks under this section, the times 38951
at which the database reviews and criminal records checks are to 38952
be conducted;38953

       (c) If the rules specify other databases to be checked as 38954
part of a database review, the circumstances under which a waiver 38955
agency is prohibited from employinghiring an applicant or 38956
continuing to employretaining an employee who is found by the 38957
database review to be included in one or more of those databases;38958

        (d) The circumstances under which a waiver agency may employ38959
hire an applicant or retain an employee who is found by a criminal 38960
records check required by this section to have been convicted of 38961
or have pleaded guilty to a disqualifying offense.38962

       (J) The amendments made by H.B. 487 of the 129th general 38963
assembly to this section do not preclude the department of 38964
medicaid from taking action against a person for failure to comply 38965
with former division (H) of this section as that division existed 38966
on the day preceding January 1, 2013.38967

       Sec. 5513.01.  (A) AllThe director of transportation shall 38968
make all purchases of machinery, materials, supplies, or other 38969
articles that the director of transportation makes shall be in the 38970
manner provided in this section. In all cases except those in 38971
which the director provides written authorization for purchases by 38972
district deputy directors of transportation, the director shall 38973
make all such purchases shall be made at the central office of the 38974
department of transportation in Columbus. Before making any 38975
purchase at that office, the director, as provided in this 38976
section, shall give notice to bidders of the director's intention 38977
to purchase. Where the expenditure does not exceed the amount 38978
applicable to the purchase of supplies specified in division (B) 38979
of section 125.05 of the Revised Code, as adjusted pursuant to 38980
division (D) of that section, the director shall give such notice 38981
as the director considers proper, or the director may make the 38982
purchase without notice. Where the expenditure exceeds the amount 38983
applicable to the purchase of supplies specified in division (B) 38984
of section 125.05 of the Revised Code, as adjusted pursuant to 38985
division (D) of that section, the director shall give notice by 38986
posting for not less than ten days a written, typed, or printed 38987
invitation to bidders on a bulletin board, which. The director38988
shall be locatedlocate the notice in a place in the offices 38989
assigned to the department and open to the public during business 38990
hours. Producers38991

       Producers or distributors of any product may notify the 38992
director, in writing, of the class of articles for the furnishing 38993
of which they desire to bid and their post-office addresses, in 38994
which case. In that circumstance, the director shall mail copies 38995
of all invitations to bidders relating to the purchase of such 38996
articles shall be mailed to such persons by the director by 38997
regular first class mail at least ten days prior to the time fixed 38998
for taking bids. The director also may mail copies of all 38999
invitations to bidders to news agencies or other agencies or 39000
organizations distributing information of this character. Requests 39001
for invitations shallare not be valid norand do not require 39002
action by the director unless renewed by the director, either 39003
annually or after such shorter period as the director may 39004
prescribe by a general rule. The39005

       The director shall include in an invitation to bidders shall 39006
contain a brief statement of the general character of the article 39007
that it is intended to purchase, the approximate quantity desired, 39008
and a statement of the time and place where bids will be received, 39009
and may relate to and describe as many different articles as the 39010
director thinks proper, it being the intent and purpose of this 39011
section to authorize the inclusion in a single invitation of as 39012
many different articles as the director desires to invite bids 39013
upon at any given time. InvitationsThe director shall give 39014
invitations issued during each calendar year shall be given39015
consecutive numbers, and ensure that the number assigned to each 39016
invitation shall appearappears on all copies thereof. In all 39017
cases where notice is required by this section, the director shall 39018
require sealed bids shall be taken, on forms prescribed and 39019
furnished by the director, and. The director shall not permit the39020
modification of bids after they have been opened shall not be 39021
permitted.39022

       (B) The director may permit the Ohio turnpike and 39023
infrastructure commission, any political subdivision, and any 39024
state university or college to participate in contracts into which 39025
the director has entered for the purchase of machinery, materials, 39026
supplies, or other articles. The turnpike and infrastructure 39027
commission and any political subdivision or state university or 39028
college desiring to participate in such purchase contracts shall 39029
file with the director a certified copy of the bylaws or rules of 39030
the turnpike and infrastructure commission or the ordinance or 39031
resolution of the legislative authority, board of trustees, or 39032
other governing board requesting authorization to participate in 39033
such contracts and agreeing to be bound by such terms and 39034
conditions as the director prescribes. Purchases made by the 39035
turnpike and infrastructure commission, political subdivisions, or 39036
state universities or colleges under this division are exempt from 39037
any competitive bidding required by law for the purchase of 39038
machinery, materials, supplies, or other articles.39039

       (C) As used in this section:39040

       (1) "Political subdivision" means any county, township, 39041
municipal corporation, conservancy district, township park 39042
district, park district created under Chapter 1545. of the Revised 39043
Code, port authority, regional transit authority, regional airport 39044
authority, regional water and sewer district, county transit 39045
board, or school district as defined in section 5513.04 of the 39046
Revised Code, regional planning commission formed under section 39047
713.21 of the Revised Code, regional council of government formed 39048
under section 167.01 of the Revised Code, or other association of 39049
local governments established pursuant to an agreement under 39050
sections 307.14 to 307.19 of the Revised Code.39051

       (2) "State university or college" has the same meaning as in 39052
division (A)(1) of section 3345.32 of the Revised Code.39053

       (3) "Ohio turnpike and infrastructure commission" means the 39054
commission created by section 5537.02 of the Revised Code.39055

       Sec. 5703.052.  (A) There is hereby created in the state 39056
treasury the tax refund fund, from which refunds shall be paid for 39057
taxes illegally or erroneously assessed or collected, or for any 39058
other reason overpaid, that are levied by Chapter 4301., 4305., 39059
5726., 5728., 5729., 5731., 5733., 5735., 5736., 5739., 5741., 39060
5743., 5747., 5748., 5749., 5751., or 5753. and sections 3737.71, 39061
3905.35, 3905.36, 4303.33, 5707.03, 5725.18, 5727.28, 5727.38, 39062
5727.81, and 5727.811 of the Revised Code. Refunds for fees or 39063
wireless 9-1-1 charges illegally or erroneously assessed or 39064
collected, or for any other reason overpaid, that are levied by 39065
sections 128.42 or 3734.90 to 3734.9014 of the Revised Code also 39066
shall be paid from the fund. Refunds for amounts illegally or 39067
erroneously assessed or collected by the tax commissioner, or for 39068
any other reason overpaid, that are due under former section 39069
1509.50 of the Revised Code as that section existed before its 39070
repeal by H.B.... of the 130th general assembly shall be paid from 39071
the fund. However, refunds for taxes levied under section 5739.101 39072
of the Revised Code shall not be paid from the tax refund fund, 39073
but shall be paid as provided in section 5739.104 of the Revised 39074
Code.39075

       (B)(1) Upon certification by the tax commissioner to the 39076
treasurer of state of a tax refund, a wireless 9-1-1 charge 39077
refund, or another amount refunded, or by the superintendent of 39078
insurance of a domestic or foreign insurance tax refund, the 39079
treasurer of state shall place the amount certified to the credit 39080
of the fund. The certified amount transferred shall be derived 39081
from the receipts of the same tax, fee, wireless 9-1-1 charge, or 39082
other amount from which the refund arose. 39083

       (2) When a refund is for a tax, fee, wireless 9-1-1 charge, 39084
or other amount that is not levied by the state or that was 39085
illegally or erroneously distributed to a taxing jurisdiction, the 39086
tax commissioner shall recover the amount of that refund from the 39087
next distribution of that tax, fee, wireless 9-1-1 charge, or 39088
other amount that otherwise would be made to the taxing 39089
jurisdiction. If the amount to be recovered would exceed 39090
twenty-five per cent of the next distribution of that tax, fee, 39091
wireless 9-1-1 charge, or other amount, the commissioner may 39092
spread the recovery over more than one future distribution, taking 39093
into account the amount to be recovered and the amount of the 39094
anticipated future distributions. In no event may the commissioner 39095
spread the recovery over a period to exceed twenty-four months.39096

       Sec. 5703.056.  (A) As used in any section of the Revised 39097
Code that requires the tax commissioner to use certified mail or 39098
personal service or that requires or permits a payment to be made 39099
or a document to be submitted to the tax commissioner or the board 39100
of tax appeals by mail or personal service, and as used in any 39101
section of Chapter 3734., 3769., 4303., or 4305. or Title LVII of 39102
the Revised Code that requires or permits a payment to be made or 39103
a document to be submitted to the treasurer of state by mail:39104

       (1) "Certified mail," "express mail," "United States mail," 39105
"United States postal service," and similar terms include any 39106
delivery service authorized pursuant to division (B) of this 39107
section.39108

       (2) "Postmark date," "date of postmark," and similar terms 39109
include the date recorded and marked in the manner described in 39110
division (B)(3) of this section.39111

       (B) The tax commissioner may authorize the use of a delivery 39112
service for the delivery of any payment or document described in 39113
division (A) of this section if the commissioner finds that the 39114
delivery service:39115

       (1) Is available to the general public;39116

       (2) Is at least as timely and reliable on a regular basis as 39117
the United States postal service;39118

       (3) Records electronically to a database kept in the regular 39119
course of its business, and marks on the cover in which the 39120
payment or document is enclosed, the date on which the payment or 39121
document was given to the delivery service for delivery;39122

       (4) Records electronically to a database kept in the regular 39123
course of its business the date on which the payment or document 39124
was given by the delivery service to the person who signed the 39125
receipt of delivery and the name of the person who signed the 39126
receipt; and39127

       (5) Meets any other criteria that the tax commissioner may by 39128
rule prescribe.39129

       (C) In any section of the Revised Code referring to the date 39130
any payment or document is received by the tax commissioner by 39131
mail, personal service, or electronically or by a person receiving 39132
a document or payment from the tax commissioner by mail, the 39133
payment or document shall be considered to be received on one of 39134
the following dates, as applicable, except as provided in section 39135
5703.053 or 5703.37 of the Revised Code:39136

        (1) For a document or payment sent by certified mail, express 39137
mail, United States mail, foreign mail, or a delivery service 39138
authorized for use under division (B) of this section, the date of 39139
the postmark placed by the postal or delivery service on the 39140
sender's receipt or, if the sender was not issued a postmarked 39141
sender's receipt, the date of the postmark placed by the postal or 39142
delivery service on the package containing the payment or 39143
document.39144

        (2) For personal service to the tax commissioner, the date 39145
the payment or document is received in any of the tax 39146
commissioner's offices during business hours.39147

        (3) For a document filed or sent electronically or a payment 39148
made electronically, the date on the timestamp assigned by the 39149
first electronic system receiving that payment or document.39150

        (D) As used in divisions (A) and (C) of this section 39151
"electronically" includes by facsimile, if applicable.39152

       Sec. 5703.059. (A) The tax commissioner may adopt rules 39153
requiring returns, including any accompanying schedule or 39154
statement, for any of the following taxestax or fee administered 39155
by the commissioner to be filed electronically using the Ohio 39156
business gateway as defined in section 718.051 of the Revised 39157
Code, filed telephonically using the system known as the Ohio 39158
telefile system, or filed by any other electronic means prescribed 39159
by the commissioner:39160

       (1) Employer income tax withholding under Chapter 5747. of 39161
the Revised Code;39162

       (2) Motor fuel tax under Chapter 5735. of the Revised Code;39163

       (3) Cigarette and tobacco product tax under Chapter 5743. of 39164
the Revised Code;39165

       (4) Severance tax under Chapter 5749. of the Revised Code;39166

       (5) Use tax under Chapter 5741. of the Revised Code;39167

       (6) Commercial activity tax under Chapter 5751. of the 39168
Revised Code;39169

       (7) Financial institutions tax under Chapter 5726. of the 39170
Revised Code;39171

       (8) Motor fuel receipts tax under Chapter 5736. of the 39172
Revised Code;39173

       (9) Horse-racing taxes under Chapter 3769. of the Revised 39174
Code.39175

       (B) The tax commissioner may adopt rules requiring any 39176
payment of tax shown on such a return to be due to be made 39177
electronically in a manner approved by the commissioner.39178

       (C) A rule adopted under this section does not apply to 39179
returns or reports filed or payments made before six months after39180
the effective date of the rule. The commissioner shall publicize 39181
any new electronic filing requirement on the department's web 39182
site. The commissioner shall educate the public of the requirement 39183
through seminars, workshops, conferences, or other outreach 39184
activities.39185

       (D) Any person required to file returns and make payments 39186
electronically under rules adopted under this section may apply to 39187
the commissioner, on a form prescribed by the commissioner, to be 39188
excused from that requirement. For good cause shown, the 39189
commissioner may excuse the applicant from the requirement and 39190
permit the applicant to file the returns or reports or make the 39191
payments required under this section by nonelectronic means.39192

       Sec. 5703.21.  (A) Except as provided in divisions (B) and 39193
(C) of this section, no agent of the department of taxation, 39194
except in the agent's report to the department or when called on 39195
to testify in any court or proceeding, shall divulge any 39196
information acquired by the agent as to the transactions, 39197
property, or business of any person while acting or claiming to 39198
act under orders of the department. Whoever violates this 39199
provision shall thereafter be disqualified from acting as an 39200
officer or employee or in any other capacity under appointment or 39201
employment of the department.39202

       (B)(1) For purposes of an audit pursuant to section 117.15 of 39203
the Revised Code, or an audit of the department pursuant to 39204
Chapter 117. of the Revised Code, or an audit, pursuant to that 39205
chapter, the objective of which is to express an opinion on a 39206
financial report or statement prepared or issued pursuant to 39207
division (A)(7) or (9) of section 126.21 of the Revised Code, the 39208
officers and employees of the auditor of state charged with 39209
conducting the audit shall have access to and the right to examine 39210
any state tax returns and state tax return information in the 39211
possession of the department to the extent that the access and 39212
examination are necessary for purposes of the audit. Any 39213
information acquired as the result of that access and examination 39214
shall not be divulged for any purpose other than as required for 39215
the audit or unless the officers and employees are required to 39216
testify in a court or proceeding under compulsion of legal 39217
process. Whoever violates this provision shall thereafter be 39218
disqualified from acting as an officer or employee or in any other 39219
capacity under appointment or employment of the auditor of state.39220

       (2) For purposes of an internal audit pursuant to section 39221
126.45 of the Revised Code, the officers and employees of the 39222
office of internal audit in the office of budget and management 39223
charged with directing the internal audit shall have access to and 39224
the right to examine any state tax returns and state tax return 39225
information in the possession of the department to the extent that 39226
the access and examination are necessary for purposes of the 39227
internal audit. Any information acquired as the result of that 39228
access and examination shall not be divulged for any purpose other 39229
than as required for the internal audit or unless the officers and 39230
employees are required to testify in a court or proceeding under 39231
compulsion of legal process. Whoever violates this provision shall 39232
thereafter be disqualified from acting as an officer or employee 39233
or in any other capacity under appointment or employment of the 39234
office of internal audit.39235

        (3) As provided by section 6103(d)(2) of the Internal Revenue 39236
Code, any federal tax returns or federal tax information that the 39237
department has acquired from the internal revenue service, through 39238
federal and state statutory authority, may be disclosed to the 39239
auditor of state or the office of internal audit solely for 39240
purposes of an audit of the department.39241

       (4) For purposes of Chapter 3739. of the Revised Code, an 39242
agent of the department of taxation may share information with the 39243
division of state fire marshal that the agent finds during the 39244
course of an investigation.39245

       (C) Division (A) of this section does not prohibit any of the 39246
following:39247

       (1) Divulging information contained in applications, 39248
complaints, and related documents filed with the department under 39249
section 5715.27 of the Revised Code or in applications filed with 39250
the department under section 5715.39 of the Revised Code;39251

       (2) Providing information to the office of child support 39252
within the department of job and family services pursuant to 39253
section 3125.43 of the Revised Code;39254

       (3) Disclosing to the motor vehicle repair board any 39255
information in the possession of the department that is necessary 39256
for the board to verify the existence of an applicant's valid 39257
vendor's license and current state tax identification number under 39258
section 4775.07 of the Revised Code;39259

       (4) Providing information to the administrator of workers' 39260
compensation pursuant to sections 4123.271 and 4123.591 of the 39261
Revised Code;39262

       (5) Providing to the attorney general information the 39263
department obtains under division (J) of section 1346.01 of the 39264
Revised Code;39265

       (6) Permitting properly authorized officers, employees, or 39266
agents of a municipal corporation from inspecting reports or 39267
information pursuant to rules adopted under section 5745.16 of the 39268
Revised Code;39269

       (7) Providing information regarding the name, account number, 39270
or business address of a holder of a vendor's license issued 39271
pursuant to section 5739.17 of the Revised Code, a holder of a 39272
direct payment permit issued pursuant to section 5739.031 of the 39273
Revised Code, or a seller having a use tax account maintained 39274
pursuant to section 5741.17 of the Revised Code, or information 39275
regarding the active or inactive status of a vendor's license, 39276
direct payment permit, or seller's use tax account;39277

       (8) Releasing invoices or invoice information furnished under 39278
section 4301.433 of the Revised Code pursuant to that section;39279

       (9) Providing to a county auditor notices or documents 39280
concerning or affecting the taxable value of property in the 39281
county auditor's county. Unless authorized by law to disclose 39282
documents so provided, the county auditor shall not disclose such 39283
documents;39284

       (10) Providing to a county auditor sales or use tax return or 39285
audit information under section 333.06 of the Revised Code;39286

       (11) Subject to section 4301.441 of the Revised Code, 39287
disclosing to the appropriate state agency information in the 39288
possession of the department of taxation that is necessary to 39289
verify a permit holder's gallonage or noncompliance with taxes 39290
levied under Chapter 4301. or 4305. of the Revised Code;39291

       (12) Disclosing to the department of natural resources 39292
information in the possession of the department of taxation that 39293
is necessary for the department of taxation to verify the 39294
taxpayer's compliance with section 5749.02 of the Revised Code or 39295
to allow the department of natural resources to enforce Chapter 39296
1509. of the Revised Code;39297

       (13) Disclosing to the department of job and family services, 39298
industrial commission, and bureau of workers' compensation 39299
information in the possession of the department of taxation solely 39300
for the purpose of identifying employers that misclassify 39301
employees as independent contractors or that fail to properly 39302
report and pay employer tax liabilities. The department of 39303
taxation shall disclose only such information that is necessary to 39304
verify employer compliance with law administered by those 39305
agencies.39306

       (14) Disclosing to the Ohio casino control commission 39307
information in the possession of the department of taxation that 39308
is necessary to verify a casino operator's compliance with section 39309
5747.063 or 5753.02 of the Revised Code and sections related 39310
thereto;39311

       (15) Disclosing to the state lottery commission information 39312
in the possession of the department of taxation that is necessary 39313
to verify a lottery sales agent's compliance with section 5747.064 39314
of the Revised Code.39315

       (16) Disclosing to the development services agency 39316
information in the possession of the department of taxation that 39317
is necessary to ensure compliance with the laws of this state 39318
governing taxation and to verify information reported to the 39319
development services agency for the purpose of evaluating 39320
potential tax credits, grants, or loans. Such information shall 39321
not include information received from the internal revenue service 39322
the disclosure of which is prohibited by section 6103 of the 39323
Internal Revenue Code. No officer, employee, or agent of the 39324
development services agency shall disclose any information 39325
provided to the development services agency by the department of 39326
taxation under division (C)(16) of this section except when 39327
disclosure of the information is necessary for, and made solely 39328
for the purpose of facilitating, the evaluation of potential tax 39329
credits, grants, or loans.39330

       Sec. 5713.012.  (A) For purposes of this section:39331

        (1) "Mass appraisal project" means any sexennial reappraisal, 39332
triennial update, or other revaluation of all real property or the 39333
valuation of newly constructed real property in accordance with 39334
section 5713.01 of the Revised Code. 39335

       (2) "Qualified project manager" means a person who plans, 39336
manages, coordinates, and controls the execution of a mass 39337
appraisal project under the direction of the county auditor and 39338
who has all of the following qualifications:39339

       (a) Has passed a comprehensive final examination that 39340
corresponds to a course, approved by the superintendent of real 39341
estate and professional licensing, that consists of at least 39342
thirty hours of instruction, quizzes, and learning aids. The 39343
superintendent shall not approve a course under this division that 39344
does not address the following topics in both the instruction and 39345
the examination:39346

        (i) Concepts and principles of mass appraisal as they relate 39347
to the assessment of real property for the purposes of ad valorem 39348
taxation;39349

       (ii) Methods of data collection and data management relative 39350
to parcels of real property, including modern alternative data 39351
collection methods and currently utilized computer-assisted mass 39352
appraisal systems;39353

       (iii) Assessment sales-ratio study including various measures 39354
of central tendency, the various measures of dispersion of data 39355
about the mean, median, and dollar-weighted mean, and the 39356
advantages and disadvantages of various analysis techniques;39357

       (iv) Traditional approaches of property valuation, including 39358
the cost approach, the sales comparison approach, and the income 39359
approach, as they are implemented in a mass appraisal project;39360

       (v) Methods and systems for model building and model 39361
calibration as related to mass appraisal of real property;39362

       (vi) Methods of production management and project analysis 39363
such as Gantt charts, program evaluation and review technique 39364
(PERT) charts, frequency distribution charts, line graphs, bar 39365
charts, and scatter diagrams, as they are utilized in the mass 39366
appraisal area.39367

       (b) Has completed at least seven hours of continuing 39368
education courses in mass appraisal during the two-year period 39369
immediately succeeding the year in which the person passed the 39370
examination required in division (A)(2)(a) of this section, and 39371
during each two-year period thereafter.39372

        (B)(1) The county auditor, in acting as the assessor of all 39373
real property in the auditor's county for taxation purposes in 39374
accordance with section 5713.01 of the Revised Code, shall involve 39375
at least one qualified project manager in each mass assessment39376
appraisal project that originates more than two years after the 39377
effective date of the enactment of this section by H.B. 487 of the 39378
129th general assembly, September 10, 2012.39379

       (2) The tax commissioner, beginning two years after the 39380
effective date of the enactment of this section by H.B. 487 of the 39381
129th general assembly, September 10, 2012, shall not approve any 39382
contract entered into by the auditor under division (E) of section 39383
5713.01 of the Revised Code, with a person to do all or any part 39384
of the work necessary to the performance of the auditor's duties 39385
as assessor unless that person designates an officer or employee 39386
of that person, with the appropriate credentials, to act as a 39387
qualified project manager. 39388

       (3) The tax commissioner, beginning two years after the 39389
effective date of the enactment of this section by H.B. 487 of the 39390
129th general assembly, September 10, 2012, shall not include any 39391
person that has not designated an officer or employee, with the 39392
appropriate credentials, to act as a qualified project manager on 39393
a list generated by the commissioner for either of the following 39394
purposes:39395

       (a) To assist county auditors in selecting a person to do all 39396
or any part of the work necessary to the performance of the 39397
auditor's duties as assessor of all real property under section 39398
5713.01 of the Revised Code;39399

       (b) To assist the commissioner in the consideration of 39400
whether to approve or disapprove the auditor's application 39401
requesting authority to employ an appraisal firm or individual 39402
appraiser.39403

       (C) The superintendent of real estate and professional 39404
licensing shall adopt reasonable rules in accordance with Chapter 39405
119. of the Revised Code necessary for the implementation of this 39406
section, including rules establishing all of the following:39407

        (1) The form and manner by which persons may apply to the 39408
superintendent to offer a thirty-hour course or continuing 39409
education course as described in division (A)(2) of this section; 39410

       (2) Standards to be used by the superintendent in approving a 39411
thirty-hour course or continuing education course described in 39412
division (A)(2) of this section; 39413

       (3) Standards to be used in determining whether a person has 39414
successfully completed the examination and continuing education 39415
requirements described in division (A)(2) of this section;39416

        (4) The method and deadlines for transmitting to the tax 39417
commissioner all information necessary for the commissioner to 39418
determine a person's eligibility for inclusion on the 39419
commissioner's list of qualified project managers. 39420

       Sec. 5727.47.  (A) Notice of each assessment certified 39421
pursuant to section 5727.23 or 5727.38 of the Revised Code shall 39422
be mailed to the public utility, and its mailing shall be 39423
prima-facie evidence of its receipt by the public utility to which 39424
it is addressed. With the notice, the tax commissioner shall 39425
provide instructions on how to petition for reassessment and 39426
request a hearing on the petition. If a public utility objects to 39427
any assessment certified to it pursuant to such sections, it may 39428
file with the commissioner, either personally or by certified 39429
mail, within sixty days after the mailing of the notice of 39430
assessment a written petition for reassessment signed by the 39431
utility's authorized agent having knowledge of the facts. IfThe 39432
date the commissioner receives the petition is filed by certified 39433
mail, the date of the United States postmark placed on the 39434
sender's receipt by the postal employee to whom the petition is 39435
presented shall be treated asshall be considered the date of 39436
filing. The petition shall indicate the utility's objections, but 39437
additional objections may be raised in writing if received by the 39438
commissioner prior to the date shown on the final determination.39439

       In the case of a petition seeking a reduction in taxable 39440
value filed with respect to an assessment issued under section 39441
5727.23 of the Revised Code, the petitioner shall state in the 39442
petition the total amount of reduction in taxable value sought by 39443
the petitioner. If the petitioner objects to the percentage of 39444
true value at which taxable property is assessed by the 39445
commissioner, the petitioner shall state in the petition the total 39446
amount of reduction in taxable value sought both with and without 39447
regard to the objection pertaining to the percentage of true value 39448
at which its taxable property is assessed. If a petitioner objects 39449
to the commissioner's apportionment of the taxable value of the 39450
petitioner's taxable property, the petitioner shall distinctly 39451
state in the petition that the petitioner objects to the 39452
commissioner's apportionment, and, within forty-five days after 39453
filing the petition for reassessment, shall submit the 39454
petitioner's proposed apportionment of the taxable value of its 39455
taxable property among taxing districts. If a petitioner that 39456
objects to the commissioner's apportionment fails to state its 39457
objections to that apportionment in its petition for reassessment 39458
or fails to submit its proposed apportionment within forty-five 39459
days after filing the petition for reassessment, the commissioner 39460
shall dismiss the petitioner's objection to the commissioner's 39461
apportionment, and the taxable value of the petitioner's taxable 39462
property, subject to any adjustment to taxable value pursuant to 39463
the petition or appeal, shall be apportioned in the manner used by 39464
the commissioner in the preliminary or amended preliminary 39465
assessment issued under section 5727.23 of the Revised Code.39466

       If an additional objection seeking a reduction in taxable 39467
value in excess of the reduction stated in the original petition 39468
is properly and timely raised with respect to an assessment issued 39469
under section 5727.23 of the Revised Code, the petitioner shall 39470
state the total amount of the reduction in taxable value sought in 39471
the additional objection both with and without regard to any 39472
reduction in taxable value pertaining to the percentage of true 39473
value at which taxable property is assessed. If a petitioner fails 39474
to state the reduction in taxable value sought in the original 39475
petition or in additional objections properly raised after the 39476
petition is filed, the commissioner shall notify the petitioner of 39477
the failure by certified mail. If the petitioner fails to notify 39478
the commissioner in writing of the reduction in taxable value 39479
sought in the petition or in an additional objection within thirty 39480
days after receiving the commissioner's notice, the commissioner 39481
shall dismiss the petition or the additional objection in which 39482
that reduction is sought.39483

       (B)(1) Subject to divisions (B)(2) and (3) of this section, a 39484
public utility filing a petition for reassessment regarding an 39485
assessment issued under section 5727.23 or 5727.38 of the Revised 39486
Code shall pay the tax with respect to the assessment objected to 39487
as required by law. The acceptance of any tax payment by the 39488
treasurer of state or any county treasurer shall not prejudice any 39489
claim for taxes on final determination by the commissioner or 39490
final decision by the board of tax appeals or any court.39491

       (2) If a public utility properly and timely files a petition 39492
for reassessment regarding an assessment issued under section 39493
5727.23 of the Revised Code, the petitioner shall pay the tax as 39494
prescribed by divisions (B)(2)(a), (b), and (c) of this section:39495

       (a) If the petitioner does not object to the commissioner's 39496
apportionment of the taxable value of the petitioner's taxable 39497
property, the petitioner is not required to pay the part of the 39498
tax otherwise due on the taxable value that the petitioner seeks 39499
to have reduced, subject to division (B)(2)(c) of this section.39500

       (b) If the petitioner objects to the commissioner's 39501
apportionment of the taxable value of the petitioner's taxable 39502
property, the petitioner is not required to pay the tax otherwise 39503
due on the part of the taxable value apportioned to any taxing 39504
district that the petitioner objects to, subject to division 39505
(B)(2)(c) of this section. If, pursuant to division (A) of this 39506
section, the petitioner has, in a proper and timely manner, 39507
apportioned taxable value to a taxing district to which the 39508
commissioner did not apportion the petitioner's taxable value, the 39509
petitioner shall pay the tax due on the taxable value that the 39510
petitioner has apportioned to the taxing district, subject to 39511
division (B)(2)(c) of this section.39512

       (c) If a petitioner objects to the percentage of true value 39513
at which taxable property is assessed by the commissioner, the 39514
petitioner shall pay the tax due on the basis of the percentage of 39515
true value at which the public utility's taxable property is 39516
assessed by the commissioner. In any case, the petitioner's 39517
payment of tax shall not be less than the amount of tax due based 39518
on the taxable value reflected on the last appeal notice issued by 39519
the commissioner under division (C) of this section. Until the 39520
county auditor receives notification under division (E) of this 39521
section and proceeds under section 5727.471 of the Revised Code to 39522
issue any refund that is found to be due, the county auditor shall 39523
not issue a refund for any increase in the reduction in taxable 39524
value that is sought by a petitioner later than forty-five days 39525
after the petitioner files the original petition as required under 39526
division (A) of this section.39527

       (3) Any part of the tax that, under division (B)(2)(a) or (b) 39528
of this section, is not paid shall be collected upon receipt of 39529
the notification as provided in section 5727.471 of the Revised 39530
Code with interest thereon computed in the same manner as interest 39531
is computed under division (E) of section 5715.19 of the Revised 39532
Code, subject to any correction of the assessment by the 39533
commissioner under division (E) of this section or the final 39534
judgment of the board of tax appeals or a court to which the 39535
board's final judgment is appealed. The penalty imposed under 39536
section 323.121 of the Revised Code shall apply only to the unpaid 39537
portion of the tax if the petitioner's tax payment is less than 39538
the amount of tax due based on the taxable value reflected on the 39539
last appeal notice issued by the commissioner under division (C) 39540
of this section.39541

       (C) Upon receipt of a properly filed petition for 39542
reassessment, the tax commissioner shall notify the treasurer of 39543
state or the auditor of each county to which the assessment 39544
objected to has been certified. In the case of a petition with 39545
respect to an assessment issued under section 5727.23 of the 39546
Revised Code, the commissioner shall issue an appeal notice within 39547
thirty days after receiving the amount of the taxable value 39548
reduction and apportionment changes sought by the petitioner in 39549
the original petition or in any additional objections properly and 39550
timely raised by the petitioner. The appeal notice shall indicate 39551
the amount of the reduction in taxable value sought in the 39552
petition or in the additional objections and the extent to which 39553
the reduction in taxable value and any change in apportionment 39554
requested by the petitioner would affect the commissioner's 39555
apportionment of the taxable value among taxing districts in the 39556
county as shown in the assessment. If a petitioner is seeking a 39557
reduction in taxable value on the basis of a lower percentage of 39558
true value than the percentage at which the commissioner assessed 39559
the petitioner's taxable property, the appeal notice shall 39560
indicate the reduction in taxable value sought by the petitioner 39561
without regard to the reduction sought on the basis of the lower 39562
percentage and shall indicate that the petitioner is required to 39563
pay tax on the reduced taxable value determined without regard to 39564
the reduction sought on the basis of a lower percentage of true 39565
value, as provided under division (B)(2)(c) of this section. The 39566
appeal notice shall include a statement that the reduced taxable 39567
value and the apportionment indicated in the notice are not final 39568
and are subject to adjustment by the commissioner or by the board 39569
of tax appeals or a court on appeal. If the commissioner finds an 39570
error in the appeal notice, the commissioner may amend the notice, 39571
but the notice is only for informational and tax payment purposes; 39572
the notice is not subject to appeal by any person. The 39573
commissioner also shall mail a copy of the appeal notice to the 39574
petitioner. Upon the request of a taxing authority, the county 39575
auditor may disclose to the taxing authority the extent to which a 39576
reduction in taxable value sought by a petitioner would affect the 39577
apportionment of taxable value to the taxing district or districts 39578
under the taxing authority's jurisdiction, but such a disclosure 39579
does not constitute a notice required by law to be given for the 39580
purpose of section 5717.02 of the Revised Code.39581

       (D) If the petitioner requests a hearing on the petition, the 39582
tax commissioner shall assign a time and place for the hearing on 39583
the petition and notify the petitioner of such time and place, but 39584
the commissioner may continue the hearing from time to time as 39585
necessary.39586

       (E) The tax commissioner may make corrections to the 39587
assessment as the commissioner finds proper. The commissioner 39588
shall serve a copy of the commissioner's final determination on 39589
the petitioner in the manner provided in section 5703.37 of the 39590
Revised Code. The commissioner's decision in the matter shall be 39591
final, subject to appeal under section 5717.02 of the Revised 39592
Code. The commissioner also shall transmit a copy of the final 39593
determination to the treasurer of state or applicable county 39594
auditor. In the absence of any further appeal, or when a decision 39595
of the board of tax appeals or of any court to which the decision 39596
has been appealed becomes final, the commissioner shall notify the 39597
public utility and, as appropriate, the treasurer of state who 39598
shall proceed under section 5727.42 of the Revised Code, or the 39599
applicable county auditor who shall proceed under section 5727.471 39600
of the Revised Code.39601

       The notification made under this division is not subject to 39602
further appeal.39603

       (F) On appeal, no adjustment shall be made in the tax 39604
commissioner's assessment issued under section 5727.23 of the 39605
Revised Code that reduces the taxable value of a petitioner's 39606
taxable property by an amount that exceeds the reduction sought by 39607
the petitioner in its petition for reassessment or in any 39608
additional objections properly and timely raised after the 39609
petition is filed with the commissioner.39610

       Sec. 5727.91.  (A) The treasurer of state shall refund the 39611
amount of tax paid under section 5727.81 or 5727.811 of the 39612
Revised Code that was paid illegally or erroneously, or paid on an 39613
illegal or erroneous assessment. A natural gas distribution 39614
company, an electric distribution company, or a self-assessing 39615
purchaser shall file an application for a refund with the tax 39616
commissioner on a form prescribed by the commissioner, within four 39617
years of the illegal or erroneous payment of the tax.39618

       On the filing of the application, the commissioner shall 39619
determine the amount of refund to which the applicant is entitled. 39620
If the amount is not less than that claimed, the commissioner 39621
shall certify that amount to the director of budget and management 39622
and the treasurer of state for payment from the tax refund fund 39623
under section 5703.052 of the Revised Code. If the amount is less 39624
than that claimed, the commissioner shall proceed in accordance 39625
with section 5703.70 of the Revised Code.39626

       If the application for refund is for taxes paid on an illegal 39627
or erroneous assessment, theThe commissioner shall include in the 39628
certified amount interest calculated at the rate per annum 39629
prescribed by section 5703.47 of the Revised Code from the date of 39630
overpayment to the date of the commissioner's certification.39631

       (B) If a natural gas distribution company or an electric 39632
distribution company entitled to a refund of taxes under this 39633
section, or section 5703.70 of the Revised Code, is indebted to 39634
the state for any tax or fee administered by the tax commissioner 39635
that is paid to the state, or any charge, penalty, or interest 39636
arising from such a tax or fee, the amount refundable may be 39637
applied in satisfaction of the debt. If the amount refundable is 39638
less than the amount of the debt, it may be applied in partial 39639
satisfaction of the debt. If the amount refundable is greater than 39640
the amount of the debt, the amount remaining after satisfaction of 39641
the debt shall be refunded. If the natural gas distribution 39642
company or electric distribution company has more than one such 39643
debt, any debt subject to section 5739.33 or division (G) of 39644
section 5747.07 of the Revised Code shall be satisfied first. This 39645
section applies only to debts that have become final.39646

       (C)(1) Any electric distribution company that can 39647
substantiate to the tax commissioner that the tax imposed by 39648
section 5727.81 of the Revised Code was paid on electricity 39649
distributed via wires and consumed at a location outside of this 39650
state may claim a refund in the manner and within the time period 39651
prescribed in division (A) of this section.39652

       (2) Any natural gas distribution company that can 39653
substantiate to the tax commissioner that the tax imposed by 39654
section 5727.811 of the Revised Code was paid on natural gas 39655
distributed via its facilities and consumed at a location outside 39656
of this state may claim a refund in the manner and within the time 39657
period prescribed in division (A) of this section.39658

       (3) If the commissioner certifies a refund based on an 39659
application filed under division (C)(1) or (2) of this section, 39660
the commissioner shall include in the certified amount interest 39661
calculated at the rate per annum prescribed by section 5703.47 of 39662
the Revised Code from the date of overpayment to the date of the 39663
commissioner's certification.39664

       (D) Before a refund is issued under this section or section 39665
5703.70 of the Revised Code, a natural gas company or an electric 39666
distribution company shall certify, as prescribed by the tax 39667
commissioner, that it either did not include the tax imposed by 39668
section 5727.81 of the Revised Code in the case of an electric 39669
distribution company, or the tax imposed by section 5727.811 of 39670
the Revised Code in the case of a natural gas distribution 39671
company, in its distribution charge to its customer upon which a 39672
refund of the tax is claimed, or it has refunded or credited to 39673
the customer the excess distribution charge related to the tax 39674
that was erroneously included in the customer's distribution 39675
charge.39676

       Sec. 5735.01.  As used in this chapter:39677

       (A) "Motor vehicles" includes all vehicles, vessels, 39678
watercraft, engines, machines, or mechanical contrivances which 39679
are powered by internal combustion engines or motors.39680

       (B) "Motor fuel" means gasoline, diesel fuel, K-1 kerosene, 39681
or any other liquid motor fuel, including, but not limited to, 39682
liquid petroleum gas or liquid natural gas, but excluding 39683
substances prepackaged and sold in containers of five gallons or 39684
less.39685

       (C) "K-1 Kerosenekerosene" means fuel that conforms to the 39686
chemical and physical standards for kerosene no. 1-K as set forth 39687
in the americanAmerican society for testing and materials (ASTM) 39688
designated D-3699 "standard for specification for kerosene," as 39689
that standard may be modified from time to time. For purposes of 39690
inspection and testing, laboratory analysis shall be conducted 39691
using methods recognized by the ASTM designation D-3699.39692

       (D) "Diesel fuel" means any liquid fuel capable of use in 39693
discrete form or as a blend component in the operation of engines 39694
of the diesel type, including transmix when mixed with diesel 39695
fuel.39696

       (E) "Gasoline" means any of the following:39697

       (1) All products, commonly or commercially known or sold as 39698
gasoline;39699

       (2) Any blend stocks or additives, including alcohol, that 39700
are sold for blending with gasoline, other than products typically 39701
sold in containers of five gallons or less;39702

       (3) Transmix when mixed with gasoline, unless certified, as 39703
required by the tax commissioner, for withdrawal from terminals 39704
for reprocessing at refineries;39705

       (4) Alcohol that is offered for sale or sold for use as, or 39706
commonly and commercially used as, a fuel for internal combustion 39707
engines.39708

       Gasoline does not include diesel fuel, commercial or 39709
industrial napthas or solvents manufactured, imported, received, 39710
stored, distributed, sold, or used exclusively for purposes other 39711
than as a motor fuel for a motor vehicle or vessel. The blending 39712
of any of the products listed in the preceding sentence, 39713
regardless of name or characteristics, is conclusively presumed to 39714
have been done to produce gasoline, unless the product obtained by 39715
the blending is entirely incapable for use as fuel to operate a 39716
motor vehicle. An additive, blend stock, or alcohol is presumed to 39717
be sold for blending unless a certification is obtained as 39718
required by the tax commissioner.39719

       (F) "Public highways" means lands and lots over which the 39720
public, either as user or owner, generally has a right to pass, 39721
even though the same are closed temporarily by the authorities for 39722
the purpose of construction, reconstruction, maintenance, or 39723
repair.39724

       (G) "Waters within the boundaries of this state" means all 39725
streams, lakes, ponds, marshes, water courses, and all other 39726
bodies of surface water, natural or artificial, which are situated 39727
wholly or partially within this state or within its jurisdiction, 39728
except private impounded bodies of water.39729

       (H) "Person" includes individuals, partnerships, firms, 39730
associations, corporations, receivers, trustees in bankruptcy, 39731
estates, joint-stock companies, joint ventures, the state and its 39732
political subdivisions, and any combination of persons of any 39733
form.39734

       (I)(1) "Motor fuel dealer" means any person who satisfies any 39735
of the following:39736

       (a) The person imports from another state or foreign country 39737
or acquires motor fuel by any means into a terminal in this state;39738

       (b) The person imports motor fuel from another state or 39739
foreign country in bulk lot vehicles for subsequent sale and 39740
distribution in this state from bulk lot vehicles;39741

       (c) The person refines motor fuel in this state;39742

       (d) The person acquires motor fuel from a motor fuel dealer 39743
for subsequent sale and distribution by that person in this state 39744
from bulk lot vehicles;39745

       (e) The person possesses an unrevoked permissive motor fuel 39746
dealer's license.39747

       (2) Any person who obtains dyed diesel fuel for use other 39748
than the operation of motor vehicles upon the public highways or 39749
upon waters within the boundaries of this state, but later uses 39750
that motor fuel for the operation of motor vehicles upon the 39751
public highways or upon waters within the boundaries of this 39752
state, is deemed a motor fuel dealer as regards any unpaid motor 39753
fuel taxes levied on the motor fuel so used.39754

       (J) As used in sections 5735.05, 5735.25, 5735.29, and 39755
5735.30 of the Revised Code only:39756

       (1) With respect to gasoline, "received" or "receipt" shall 39757
be construed as follows:39758

       (a) Gasoline produced at a refinery in this state or 39759
delivered to a terminal in this state is deemed received when it 39760
is disbursed through a loading rack at that refinery or terminal;39761

       (b) Except as provided in division (J)(1)(a) of this section, 39762
gasoline imported into this state or purchased or otherwise 39763
acquired in this state by any person is deemed received within 39764
this state by that person when the gasoline is withdrawn from the 39765
container in which it was transported;39766

       (c) Gasoline delivered or disbursed by any means from a 39767
terminal directly to another terminal is not deemed received.39768

       (2) With respect to motor fuel other than gasoline, 39769
"received" or "receipt" means distributed or sold for use or used 39770
to generate power for the operation of motor vehicles upon the 39771
public highways or upon waters within the boundaries of this 39772
state. All diesel fuel that is not dyed diesel fuel, regardless of 39773
its use, shall be considered as used to generate power for the 39774
operation of motor vehicles upon the public highways or upon 39775
waters within the boundaries of this state when the fuel is sold 39776
or distributed to a person other than a licensed motor fuel dealer 39777
or to a person licensed under section 5735.026 of the Revised 39778
Code.39779

       (K) Motor fuel used for the operation of licensed motor 39780
vehicles employed in the maintenance, construction, or repair of 39781
public highways is deemed to be used for the operation of motor 39782
vehicles upon the public highways.39783

       (L) "Licensed motor fuel dealer" means any dealer possessing 39784
an unrevoked motor fuel dealer's license issued by the tax 39785
commissioner as provided in section 5735.02 of the Revised Code.39786

       (M) "Licensed retail dealer" means any retail dealer 39787
possessing an unrevoked retail dealer's license issued by the tax 39788
commissioner as provided in section 5735.022 of the Revised Code.39789

       (N) "Cents per gallon rate" means the amount computed by the 39790
tax commissioner under section 5735.011 of the Revised Code that 39791
is used to determine that portion of the tax levied by section 39792
5735.05 of the Revised Code that is computed in the manner 39793
prescribed by division (B)(2) of section 5735.06 of the Revised 39794
Code and that is applicable for the period that begins on the 39795
first day of July following the date on which the commissioner 39796
makes the computation.39797

       (O) "Retail dealer" means any person that sells or 39798
distributes motor fuel at a retail service station located in this 39799
state.39800

       (P) "Retail service station" means a location from which 39801
motor fuel is sold to the general public and is dispensed or 39802
pumped directly into motor vehicle fuel tanks for consumption.39803

       (Q) "Transit bus" means a motor vehicle that is operated for 39804
public transit or paratransit service on a regular and continuing 39805
basis within the state by or for a county, a municipal 39806
corporation, a county transit board pursuant to sections 306.01 to 39807
306.13 of the Revised Code, a regional transit authority pursuant 39808
to sections 306.30 to 306.54 of the Revised Code, or a regional 39809
transit commission pursuant to sections 306.80 to 306.90 of the 39810
Revised Code. Public transit or paratransit service may include 39811
fixed route, demand-responsive, or subscription bus service 39812
transportation, but does not include shared-ride taxi service, 39813
carpools, vanpools, jitney service, school bus transportation, or 39814
charter or sightseeing services.39815

       (R) "Export" means motor fuel delivered outside this state. 39816
Motor fuel delivered outside this state by or for the seller 39817
constitutes an export by the seller. Motor fuel delivered outside 39818
this state by or for the purchaser constitutes an export by the 39819
purchaser.39820

       (S) "Import" means motor fuel delivered into this state from 39821
outside this state. Motor fuel delivered into this state from 39822
outside this state by or for the seller constitutes an import by 39823
the seller. Motor fuel delivered into this state from outside this 39824
state by or for the purchaser constitutes an import by the 39825
purchaser.39826

       (T) "Terminal" means a motor fuel storage or distribution 39827
facility that is supplied by pipeline or marine vessel.39828

       (U) "Consumer" means a buyer of motor fuel for purposes other 39829
than resale in any form.39830

       (V) "Bulk lot vehicle" means railroad tank cars, transport 39831
tank trucks and tank wagons with a capacity of at least 1,400 39832
gallons.39833

       (W) "Licensed permissive motor fuel dealer" means any person 39834
possessing an unrevoked permissive motor fuel dealer's license 39835
issued by the tax commissioner under section 5735.021 of the 39836
Revised Code.39837

       (X) "Licensed terminal operator" means any person possessing 39838
an unrevoked terminal operator's license issued by the tax 39839
commissioner under section 5735.026 of the Revised Code.39840

       (Y) "Licensed exporter" means any person possessing an 39841
unrevoked exporter's license issued by the tax commissioner under 39842
section 5735.026 of the Revised Code.39843

       (Z) "Dyed diesel fuel" means any diesel fuel dyed pursuant to 39844
regulations issued by the internal revenue service or a rule 39845
promulgated by the tax commissioner.39846

       (AA) "Gross gallons" means U.S. gallons without temperature 39847
or barometric adjustments.39848

       (BB) "Net gallons" means U.S. gallons with a temperature 39849
adjustment to sixty degrees fahrenheit.39850

       (CC) "Transporter" means either of the following:39851

       (1) A railroad company, street, suburban, or interurban 39852
railroad company, a pipeline company, or water transportation 39853
company that transports motor fuel, either in interstate or 39854
intrastate commerce, to points in this state;39855

       (2) A person that transports motor fuel by any manner to a 39856
point in this state.39857

       (DD) "Exporter" means either of the following:39858

       (1) A person that is licensed to collect and remit motor fuel 39859
taxes in a specified state of destination;39860

       (2) A person that is statutorily prohibited from obtaining a 39861
license to collect and remit motor fuel taxes in a specified state 39862
of destination, and is licensed to sell or distribute tax-paid 39863
motor fuel in the specified state of destination.39864

       (EE) "Report" means a report or return required to be filed 39865
under this chapter and may be used interchangeably with, and for 39866
all purposes has the same meaning as, "return."39867

       Sec. 5735.026.  (A) The tax commissioner, for the purposes of 39868
administering this chapter, shall issue two classes of export 39869
licenses: "exporter type A" licenses and "exporter type B" 39870
licenses. To qualify for an exporter type A license, a person must 39871
demonstrate to the tax commissioner's satisfaction that the person 39872
is licensed to collect and remit motor fuel taxes in the specified 39873
state of destination. To qualify for an exporter type B license,39874
to a person must demonstratethat receives motor fuel in this 39875
state and exports that fuel out of this state and that 39876
demonstrates to the tax commissioner's satisfaction that the 39877
person is statutorily prohibited from obtaining a license to 39878
collect and remit motor fuel taxes in the specified state of 39879
destination, and that the person is licensed to sell or distribute 39880
tax-paid motor fuel in the specified state of destinationan 39881
exporter.39882

       (B) To obtain an exporter'sexporter license of either class, 39883
a person shall file, under oath, an application with the 39884
commissioner in such form as the commissioner prescribes. An 39885
application for a license shall be accompanied by a bond of the 39886
character and in the amount described in section 5735.03 of the 39887
Revised Code. The application shall set forth the following 39888
information:39889

       (1) The name under which the exporter will transact business 39890
within the state;39891

       (2) The location, including street number address, of the 39892
exporter's principal office or place of business;39893

       (3) The name and address of the owner, or the names and 39894
addresses of the partners if such exporter is a partnership, or 39895
the names and addresses of the principal officers if the exporter 39896
is a corporation or an association;39897

       (4) A certified copy of the certificate or license issued by 39898
the Secretary of State showing that the corporation is authorized 39899
to transact business in this state if the exporter is a 39900
corporation organized under the laws of another state, territory, 39901
or country;39902

       (5) For an exporter type A licensedescribed in division 39903
(DD)(1) of section 5735.01 of the Revised Code, a copy of the 39904
applicant's license or certificate to collect and remit motor fuel 39905
taxes or sell or distribute motor fuel in the specified 39906
destination state or states for which the license or certificate 39907
is to be issued;39908

       (6) Any other information the commissioner may require.39909

       (C)(1) After a hearing as provided in division (C)(2) of this 39910
section, the tax commissioner may refuse to issue a license to 39911
transact business as an exporter of motor fuel in the following 39912
circumstances:39913

       (a) The applicant has previously had a license issued under 39914
this chapter canceled for cause by the tax commissioner;39915

       (b) The tax commissioner believes that an application is not 39916
filed in good faith;39917

       (c) The applicant has previously violated any provision of 39918
this chapter;39919

       (d) The application is filed as a subterfuge by the applicant 39920
for the real person in interest who has previously had a license 39921
issued under this chapter canceled for cause by the tax39922
commissioner or who has violated any provision of this chapter. 39923

       (2) The tax commissioner shall conduct a hearing before 39924
refusing to issue a license to transact business as an exporter in 39925
any of the circumstances described in division (C)(1) of this 39926
section. The applicant shall be given five days' notice, in 39927
writing, of the hearing. The applicant may appear in person or be 39928
represented by counsel, and may present testimony at the hearing.39929

       (D) When an application in proper form has been accepted for 39930
filing, the commissioner shall issue to such exporter a license to 39931
transact business as an exporter of motor fuel in this state, 39932
subject to cancellation of such license as provided by law.39933

       (E) No person shall make a false or fraudulent statement on 39934
the application required by this section.39935

       Sec. 5735.03.  Except as provided in division (C)(2) of 39936
section 5735.02 of the Revised Code, every motor fuel dealer shall 39937
file with the tax commissioner a surety bond of not less than five 39938
thousand dollars, but may be required by the tax commissioner to 39939
submit a surety bond equal to three months' average tax 39940
liability,. Each exporter shall file with the commissioner a 39941
surety bond in an amount equal to the greater of five thousand 39942
dollars or the average number of gallons exported from this state 39943
as reported on three months' of exporter returns filed under 39944
section 5735.064 of the Revised Code, multiplied by the combined 39945
rate of the taxes levied under this chapter.39946

       A surety bond required under this section shall be filed on a 39947
form approved by and with a surety satisfactory to the 39948
commissioner, upon which the motor fuel dealer or exporter shall 39949
be the principal obligor and the state shall be the obligee, 39950
conditioned upon the prompt filing of true reports and the payment 39951
by the motor fuel dealer, or the exporter as may be required, to 39952
the treasurer of state of all motor fuel excise taxes levied by 39953
the state, provided that after notice is received from the state 39954
by the surety of the delinquency of any taxes, if the surety pays 39955
the taxes within thirty days after the receipt of the notice, no 39956
penalties or interest shall be charged against the surety. If the 39957
surety does not pay the taxes within thirty days, but does pay 39958
within ninety days from the date of the receipt of notice from the 39959
state by the surety, no penalty shall be assessed against the 39960
surety but the surety shall pay interest at the rate of six per 39961
cent per annum on the unpaid taxes from the date the taxes are due 39962
and payable. If the surety does not pay within ninety days, then 39963
the surety shall be liable for interest and penalties, and the tax39964
commissioner may cancel all bonds issued by the surety.39965

       The commissioner may increase or reduce the amount of the 39966
bond required to be filed by any licensed motor fuel dealer or 39967
licensed exporter. If the commissioner finds that it is necessary 39968
to increase the bond to assure payment of the tax, the bond may 39969
be increased to an amount equal to three months/average liability 39970
or fifty thousand dollars, whichever is greater.39971

       If liability upon the bond thus filed by the motor fuel 39972
dealer or exporter with the commissioner is discharged or reduced, 39973
whether by judgment rendered, payment made, or otherwise, or if, 39974
in the opinion of the commissioner any surety on the bond 39975
theretofore given has become unsatisfactory or unacceptable, the 39976
commissioner may require the motor fuel dealer or exporter to file 39977
a new bond with satisfactory sureties in the same amount, and if a 39978
new bond is not filed the commissioner shall forthwith cancel the 39979
license of the motor fuel dealer or exporter. If a new bond is 39980
furnished by the motor fuel dealer or exporter, the commissioner 39981
shall cancel and surrender the bond of the motor fuel dealer or 39982
exporter for which the new bond is substituted.39983

       A surety on a bond furnished by a motor fuel dealer or 39984
exporter shall be released from all liability to the state 39985
accruing on the bond after the expiration of sixty days from the 39986
date upon which the surety lodges with the commissioner a written 39987
request to be released. The request shall not operate to release 39988
the surety from any liability already accrued, or which accrues 39989
before the expiration of the sixty-day period. The commissioner 39990
shall promptly on receipt of notice of the request notify the 39991
motor fuel dealer or exporter who furnished the bond and, unless 39992
the motor fuel dealer or exporter, on or before the expiration of 39993
the sixty-day period, files with the commissioner a new bond with 39994
a surety satisfactory to the commissioner in the amount and form 39995
provided in this section, the commissioner shall forthwith cancel 39996
the license of the motor fuel dealer or exporter. If the new bond 39997
is furnished by saidthe motor fuel dealer or exporter, the 39998
commissioner shall cancel and surrender the bond of the motor fuel 39999
dealer or exporter for which the new bond is substituted.40000

       The commissioner, in lieu of any surety bond required by this 40001
section, may accept a deposit by a motor fuel dealer or exporter40002
of cash. Any cash thus accepted shall be deposited with the 40003
treasurer of state to be held by the treasurer of state, in the 40004
same manner as other cash required to be deposited with the 40005
treasurer of state under the laws of the state, for the account of 40006
such motor fuel dealer or exporter and subject to any lawful 40007
claim of the state for any excise tax upon motor fuel, and 40008
penalties and interest thereon levied by the laws of this state. 40009
The state shall have a lien upon cash thus deposited for the 40010
amount of any motor fuel excise taxes and penalty and interest due 40011
to the state from the motor fuel dealer or exporter in whose 40012
behalf they were deposited. The amount of cash to be thus accepted 40013
shall in all respects be determined in the same manner as provided 40014
in this section for the amount of surety bonds. Any cash deposited 40015
shall be subject to levy upon execution to satisfy any judgment 40016
secured in any action by the state to recover any motor fuel 40017
excise taxes, and penalties and interest found to be due to the 40018
state from such motor fuel dealer or exporter. The cash shall be 40019
released by the treasurer of state upon certificate of the 40020
commissioner that the license of the motor fuel dealer or exporter40021
in whose behalf they have been deposited has been canceled or that 40022
other security has been accepted in lieu thereof, and that the 40023
state asserts no claim thereto.40024

       Sec. 5735.06.  (A) On or before the lasttwenty-third day of 40025
each month, each motor fuel dealer shall file with the tax 40026
commissioner a report for the preceding calendar month, on forms 40027
prescribed by or in a form acceptable to the tax commissioner. The 40028
report shall include the following information:40029

       (1) An itemized statement of the number of gallons of all 40030
motor fuel received during the preceding calendar month by such 40031
motor fuel dealer, which has been produced, refined, prepared, 40032
distilled, manufactured, blended, or compounded by such motor fuel 40033
dealer in the state;40034

       (2) An itemized statement of the number of gallons of all 40035
motor fuel received by such motor fuel dealer in the state from 40036
any source during the preceding calendar month, other than motor 40037
fuel included in division (A)(1) of this section, together with a 40038
statement showing the date of receipt of such motor fuel; the name 40039
of the person from whom purchased or received; the date of receipt 40040
of each shipment of motor fuel; the point of origin and the point 40041
of destination of each shipment; the quantity of each of said 40042
purchases or shipments; the name of the carrier; the number of 40043
gallons contained in each car if shipped by rail; the point of 40044
origin, destination, and shipper if shipped by pipe line; or the 40045
name and owner of the boat, barge, or vessel if shipped by water;40046

       (3) An itemized statement of the number of gallons of motor 40047
fuel which such motor fuel dealer has during the preceding 40048
calendar month:40049

       (a) For motor fuel other than gasoline sold for use other 40050
than for operating motor vehicles on the public highways or on 40051
waters within the boundaries of this state;40052

       (b) Exported from this state to any other state or foreign 40053
country as provided in division (A)(4) of section 5735.05 of the 40054
Revised Code;40055

       (c) Sold to the United States government or any of its 40056
agencies;40057

       (d) Sold for delivery to motor fuel dealers;40058

       (e) Sold exclusively for use in the operation of aircraft;.40059

       (4) Such other information incidental to the enforcement of 40060
the motor fuel laws of the state as the commissioner requires.40061

       (B) The report shall show the tax due, computed as follows:40062

       (1) The following deductions shall be made from the total 40063
number of gallons of motor fuel received by the motor fuel dealer 40064
within the state during the preceding calendar month:40065

       (a) The total number of gallons of motor fuel received by the 40066
motor fuel dealer within the state and sold or otherwise disposed 40067
of during the preceding calendar month as set forth in section 40068
5735.05 of the Revised Code;40069

       (b) The total number of gallons received during the preceding 40070
calendar month and sold or otherwise disposed of to another 40071
licensed motor fuel dealer pursuant to section 5735.05 of the 40072
Revised Code;40073

       (c) To cover the costs of the motor fuel dealer in compiling 40074
the report, and evaporation, shrinkage, or other unaccounted-for 40075
losses:40076

       (i) If the report is timely filed and the tax is timely paid, 40077
three per cent of the total number of gallons of motor fuel 40078
received by the motor fuel dealer within the state during the 40079
preceding calendar month less the total number of gallons deducted 40080
under divisions (B)(1)(a) and (b) of this section, less one per 40081
cent of the total number of gallons of motor fuel that were sold 40082
to a retail dealer during the preceding calendar month;40083

       (ii) If the report required by division (A) of this section 40084
is not timely filed and the tax is not timely paid, no deduction 40085
shall be allowed;40086

       (iii) If the report is incomplete, no deduction shall be 40087
allowed for any fuel on which the tax is not timely reported and 40088
paid;.40089

       (2) The number of gallons remaining after the deductions have 40090
been made shall be multiplied separately by each of the following 40091
amounts:40092

       (a) The cents per gallon rate;40093

       (b) Two cents.40094

       The sum of the products obtained in divisions (B)(2)(a) and 40095
(b) of this section shall be the amount of motor fuel tax for the 40096
preceding calendar month.40097

       (C) The report shall be filed together with payment of the 40098
tax shown on the report to be due, unless the motor fuel dealer is 40099
required by section 5735.062 of the Revised Code to pay the tax by 40100
electronic funds transfer, in which case the dealer shall file the 40101
report pursuant to this section and pay the tax pursuant to 40102
section 5735.062 of the Revised Code. The commissioner may extend 40103
the time for filing reports and may remit all or part of penalties 40104
which may become due under sections 5735.01 to 5735.99 of the 40105
Revised Code. For purposes of this section and sections 5735.062 40106
and 5735.12 of the Revised Code, a report required to be filed 40107
under this section is considered filed when it is received by the 40108
tax commissioner, and remittance of the tax due is considered to 40109
be made when the remittance is received by the tax commissioner or 40110
when credited to an account designated by the treasurer of state 40111
and the tax commissioner for the receipt of tax remittances. The 40112
tax commissioner shall immediately forward to the treasurer of 40113
state all amounts received under this section.40114

       (D) The tax commissioner may require a motor fuel dealer to 40115
file a report for a period other than one month. Such a report, 40116
together with payment of the tax, shall be filed not later than 40117
thirty days after the last day of the prescribed reporting period.40118

       (E) No person required by this section to file a tax report 40119
shall file a false or fraudulent tax report or supporting 40120
schedule.40121

       Sec. 5735.062.  (A) If the total amount of tax required to be 40122
paid under section 5735.06 of the Revised Code for any calendar 40123
year indicated in the following schedule exceeds the amounts 40124
prescribed for that year in the schedulecommissioner so requires, 40125
the dealer shall remit each monthly tax payment in the second 40126
ensuing and each succeeding year by electronic funds transfer40127
electronically as prescribed by division (B) of this section.40128

Year 1992         1993 and thereafter Total tax payment $1,200,000         $600,000 40129

       If a dealer's total tax payment for each of two consecutive 40130
years beginning with 1993 is six hundred thousand dollars or less, 40131
the dealer is relieved of the requirement to remit taxes by 40132
electronic funds transfer for the year that next follows the 40133
second of the consecutive years in which the total tax payment is 40134
six hundred thousand dollars or less, and is relieved of that 40135
requirement for each succeeding year unless the total tax payment 40136
in a subsequent year exceeds six hundred thousand dollars.40137

       The tax commissioner shall notify each dealer required to 40138
remit taxes by electronic funds transferelectronically of the 40139
dealer's obligation to do so, shall maintain an updated list of 40140
those dealers, and shall timely certify the list and any additions 40141
thereto or deletions therefrom to the treasurer of state. Failure 40142
by the tax commissioner to notify a dealer subject to this section 40143
to remit taxes by electronic funds transferelectronically does 40144
not relieve the dealer of its obligation to remit taxes by 40145
electronic funds transferelectronically.40146

       (B) Dealers required by division (A) of this section to remit 40147
payments by electronic funds transferelectronically shall remit 40148
such payments to the treasurer of state in the manner prescribed 40149
by rules adopted by the treasurer under section 113.061 of the 40150
Revised Code andor through the department of taxation's web site. 40151
Required payments shall be remitted on or before the dates 40152
specified under section 5735.06 of the Revised Code. The payment 40153
of taxes by electronic funds transferelectronically does not 40154
affect a dealer's obligation to file the monthly reportreturn as 40155
required under section 5735.06 of the Revised Code.40156

       A dealer required by this section to remit taxes by 40157
electronic funds transferelectronically may apply to the 40158
treasurer of state in the manner prescribed by the treasurer40159
commissioner to be excused from that requirement. The treasurer of 40160
statecommissioner may excuse the dealer from the electronic40161
remittance by electronic funds transferrequirement for good cause 40162
shown for the period of time requested by the dealer or for a 40163
portion of that period. The treasurer shall notify the tax 40164
commissioner and the dealer of the treasurer's decision as soon as 40165
is practicable.40166

       (C) If a dealer required by this section to remit taxes by 40167
electronic funds transfer remits those taxes by some means other 40168
than by electronic funds transfer as prescribed by this section 40169
and the rules adopted by the treasurer of state, and the treasurer 40170
determines that such failure was not due to reasonable cause or 40171
was due to willful neglect, the treasurer shall notify the tax 40172
commissioner of the failure to remit by electronic funds transfer 40173
and shall provide the commissioner with any information used in 40174
making that determination. The taxelectronically fails to do so, 40175
the commissioner may collect an additional charge by assessment in 40176
the manner prescribed by section 5735.12 of the Revised Code. The 40177
additional charge shall equal five per cent of the amount of the 40178
taxes required to be paid by electronic funds transfer, but shall 40179
not exceed five thousand dollars. Any additional charge assessed 40180
under this section is in addition to any other penalty or charge 40181
imposed under this chapter, and shall be considered as revenue 40182
arising from taxes imposed under this chapter. The tax 40183
commissioner may remit all or a portion of such a charge and may 40184
adopt rules governing such remission.40185

       No additional charge shall be assessed under this division 40186
against a dealer that has been notified of its obligation to remit 40187
taxes under this section and that remits its first two tax 40188
payments after such notification by some means other than 40189
electronic funds transfer. The additional charge may be assessed 40190
upon the remittance of any subsequent tax payment that the dealer 40191
remits by some means other than electronic funds transferimpose a 40192
penalty on the dealer not to exceed one of the following:40193

       (1) For the first return period the dealer fails to remit 40194
taxes electronically, the greater of twenty-five dollars or five 40195
per cent of the amount of the payment required to be remitted;40196

       (2) For the second or any subsequent return period the dealer 40197
fails to remit taxes electronically, the greater of fifty dollars 40198
or ten per cent of the amount of the payment required to be 40199
remitted.40200

        The penalty imposed under division (C) of this section is in 40201
addition to any other penalty imposed under this chapter and shall 40202
be considered as revenue arising from the taxes imposed under this 40203
chapter. A penalty may be collected by assessment in the manner 40204
prescribed by section 5735.12 of the Revised Code. The 40205
commissioner may abate all or a portion of a penalty.40206

       (D) The commissioner may adopt rules necessary to administer 40207
this section.40208

       Sec. 5735.07.  Each month the tax commissioner shall make a 40209
list of all motor fuel dealers that have filed a report pursuant 40210
to section 5735.06 of the Revised Code. The list shall contain the 40211
names and addresses of all dealers and, the number of gallons of 40212
motor fuel upon which those dealers were required to pay the tax 40213
as reported on the return or as determined by investigation of the 40214
commissioner, and each dealer's federal identification number or 40215
other motor fuel tax account number. The list shall be open to 40216
public inspection in the office of the commissioner or posted on 40217
the department of taxation's web site.40218

       Sec. 5735.09.  (A) Every railroad company, every street, 40219
suburban, or interurban railroad company, every pipe line company, 40220
and every water transportation company, which transports motor 40221
fuel, either in interstate or in intrastate commerce, to points 40222
within this state, and every person who transports motor fuel by 40223
any manner to a point in this state,transporter shall report all 40224
deliveries of motor fuel made to points within this state to40225
register with the tax commissioner on formsa form prescribed by 40226
the tax commissioner.40227

       Each transporter shall report all deliveries of motor fuel 40228
made to points in this state to the commissioner on forms 40229
prescribed by the commissioner. Such reports shall cover monthly 40230
periods, shall be submitted within thirty days after the close of 40231
the month covered by the report, shall show the name and address 40232
of the person to whom the deliveries of motor fuel were actually 40233
made, the name and address of the person that assumes ownership of 40234
the motor fuel, the point of origin, the point of delivery, the 40235
date of delivery, and the number and initials of each car if 40236
shipped by rail, the quantity of each shipment and delivery in 40237
gallons, the date delivered, the name of the person to whom 40238
delivered, the point of shipment, the point of delivery, the name 40239
of the boat or barge if delivered by water, and if delivered by 40240
other means, the manner in which such delivery is made.40241

       (B) No person required by this section to file a report shall 40242
file a false or fraudulent report or supporting schedule.40243

       Sec. 5735.12.  (A) Any motor fuel dealerperson required by 40244
this chapter to file reports andor pay the tax levied by this 40245
chapter who fails to file the reportdo so within the time 40246
prescribed, may be liable for an additional charge not exceeding 40247
the greater of ten per cent of the motor fuel dealer'sperson's40248
tax liability for that month or fifty dollars. The tax 40249
commissioner may remit all or a portion of the additional charge 40250
and may adopt rules relating to the remission of all or a portion 40251
of the charge.40252

       If any person required by this chapter to file reports andor40253
pay the taxes, interest, or additional charge levied by this 40254
chapter fails to file the report, files an incomplete or incorrect 40255
report, or fails to remit the full amount of the tax, interest, or 40256
additional charge due for the period covered by the report, the 40257
commissioner may make an assessment against the person based upon 40258
any information in the commissioner's possession.40259

       No assessment shall be made against any motor fuel dealer for 40260
taxes imposed by this chapter more than four years after the date 40261
on which the report on which the assessment was based was due or 40262
was filed, whichever is later. This section does not bar an 40263
assessment against any motor fuel dealer who fails to file a 40264
report required by section 5735.06 of the Revised Code, or who 40265
files a fraudulent motor fuel tax report.40266

       A penalty of up to fifteen per cent may be added to the 40267
amount of every assessment made under this section. The 40268
commissioner may adopt rules providing for the imposition and 40269
remission of penalties added to assessments made under this 40270
section.40271

       The commissioner shall give the party assessed written notice 40272
of the assessment in the manner provided in section 5703.37 of the 40273
Revised Code. With the notice, the commissioner shall provide 40274
instructions on how to petition for reassessment and request a 40275
hearing on the petition.40276

       (B) Unless the party assessed files with the tax commissioner 40277
within sixty days after service of the notice of assessment, 40278
either personally or by certified mail, a written petition for 40279
reassessment in writing, signed by the party assessed or that 40280
party's authorized agent having knowledge of the facts, the 40281
assessment becomes final and the amount of the assessment is due 40282
and payable from the party assessed to the treasurer of state. The 40283
petition shall indicate the objections of the party assessed, but 40284
additional objections may be raised in writing if received by the 40285
commissioner prior to the date shown on the final determination. 40286
If the petition has been properly filed, the commissioner shall 40287
proceed under section 5703.60 of the Revised Code.40288

       (C) After an assessment becomes final, if any portion of the 40289
assessment remains unpaid, including accrued interest, a certified 40290
copy of the tax commissioner's entry making the assessment final 40291
may be filed in the office of the clerk of the court of common 40292
pleas in the county in which the party assessed resides or in 40293
which the business of the party assessed is conducted. If the 40294
party assessed maintains no place of business in this state and is 40295
not a resident of this state, the certified copy of the entry may 40296
be filed in the office of the clerk of the court of common pleas 40297
of Franklin county.40298

       Immediately upon the filing of the entry, the clerk shall 40299
enter a judgment for the state against the party assessed in the 40300
amount shown on the entry. The judgment may be filed by the clerk 40301
in a loose-leaf book entitled "special judgments for state motor 40302
fuel tax," and shall have the same effect as other judgments. 40303
Execution shall issue upon the judgment upon the request of the 40304
tax commissioner, and all laws applicable to sales on execution 40305
shall apply to sales made under the judgment.40306

        If the assessment is not paid in its entirety within sixty 40307
days after the day the assessment was issued, the portion of the 40308
assessment consisting of tax due shall bear interest at the rate 40309
per annum prescribed by section 5703.47 of the Revised Code from 40310
the day the commissioner issues the assessment until it is paid or 40311
until it is certified to the attorney general for collection under 40312
section 131.02 of the Revised Code, whichever comes first. If the 40313
unpaid portion of the assessment is certified to the attorney 40314
general for collection, the entire unpaid portion of the 40315
assessment shall bear interest at the rate per annum prescribed by 40316
section 5703.47 of the Revised Code from the date of certification 40317
until the date it is paid in its entirety. Interest shall be paid 40318
in the same manner as the tax and may be collected by the issuance 40319
of an assessment under this section.40320

       (D) All money collected by the tax commissioner under this 40321
section shall be paid to the treasurer of state, and when paid 40322
shall be considered as revenue arising from the tax imposed by 40323
this chapter.40324

       (E) If the tax commissioner determines that the commissioner 40325
has erroneously refunded motor fuel tax to any person, the 40326
commissioner may make an assessment against the person for 40327
recovery of the erroneously refunded tax.40328

       Sec. 5735.141.  Any retail dealer of motor fuel shall receive 40329
a refund for Ohio motor fuel taxes paid on fuel lost by a retail 40330
dealer through shrinkage and evaporation. This refund shall be one 40331
per cent of the Ohio motor fuel taxes paid on fuel purchased 40332
during any semiannual period ending the thirtieth day of June or 40333
the thirty-first day of December.40334

       In order to receive a refund, the retail dealer shall file 40335
with the tax commissioner, within one hundred twenty days after 40336
the thirtieth day of June and the thirty-first day of December of 40337
each year, an application for a refund stating the quantity of 40338
motor fuel that was purchased for resale by the applicant during 40339
the preceding semiannual period ending the thirtieth day of June 40340
or the thirty-first day of December and upon which the motor fuel 40341
tax has been paid. No person shall file a claim for the tax on 40342
fewer than one hundred gallons of motor fuel. The form and 40343
contents of the application shall be prescribed by the 40344
commissioner, and the application shall be signed in accordance 40345
with section 5703.25 of the Revised Code. On the filing of the 40346
application, the commissioner shall determine the amount of refund 40347
to which the applicant is entitled. If the amount is not less than 40348
that claimed, the commissioner shall certify the amount to the 40349
director of budget and management and treasurer of state for 40350
payment from the tax refund fund created by section 5703.052 of 40351
the Revised Code. If the amount is less than that claimed, the 40352
commissioner shall proceed in accordance with section 5703.70 of 40353
the Revised Code.40354

       No refund shall be authorized or ordered under this section 40355
for any single claim for the tax on fewer than one hundred gallons 40356
of motor fuel.40357

       The refund authorized by this section or section 5703.70 of 40358
the Revised Code shall be reduced by the cents per gallon amount 40359
of any qualified fuel credit received under section 5735.145 of 40360
the Revised Code, as determined by the commissioner, for each 40361
gallon of qualified fuel included in the total gallonage of motor 40362
fuel upon which the refund is computed.40363

       The right to receive any refund under this section or section 40364
5703.70 of the Revised Code is not assignable. The payment of the 40365
refund shall not be made to any person other than the retail 40366
dealer originally entitled thereto, except that the refund may be 40367
paid to the executor, administrator, receiver, trustee in 40368
bankruptcy, or assignee in insolvency proceedings of such 40369
retailer.40370

       A motor fuel dealer shall be deemed to be a retail dealer 40371
when acting in a retail capacity.40372

       For the purpose of administering this section, the 40373
commissioner may provide a retail dealer with information related 40374
to a wholesale dealer, including the wholesale dealer's federal 40375
identification number or other motor fuel tax account number.40376

       Sec. 5735.23.  (A) Out of receipts from the tax levied by 40377
section 5735.05 of the Revised Code, the treasurer of state shall 40378
place to the credit of the tax refund fund established by section 40379
5703.052 of the Revised Code amounts equal to the refunds 40380
certified by the tax commissioner pursuant to sections 5735.13, 40381
5735.14, 5735.141, and 5735.142, and 5735.16 of the Revised Code. 40382
The treasurer of state shall then transfer the amount required by 40383
section 5735.051 of the Revised Code to the waterways safety fund, 40384
the amount required by section 4907.472 of the Revised Code to the 40385
grade crossing protection fund, and the amount required by section 40386
5735.053 of the Revised Code to the motor fuel tax administration 40387
fund.40388

       (B) Except as provided in division (D) of this section, each 40389
month the balance of the receipts from the tax levied by section 40390
5735.05 of the Revised Code shall be credited, after receipt by 40391
the treasurer of state of certification from the commissioners of 40392
the sinking fund, as required by section 5528.35 of the Revised 40393
Code, that there are sufficient moneys to the credit of the 40394
highway obligations bond retirement fund to meet in full all 40395
payments of interest, principal, and charges for the retirement of 40396
highway obligations issued pursuant to Section 2i of Article VIII, 40397
Ohio Constitution, and sections 5528.30 and 5528.31 of the Revised 40398
Code due and payable during the current calendar year, as follows:40399

       (1) To the state and local government highway distribution 40400
fund, which is hereby created in the state treasury, an amount 40401
that is the same percentage of the balance to be credited as that 40402
portion of the tax per gallon determined under division (B)(2)(a) 40403
of section 5735.06 of the Revised Code is of the total tax per 40404
gallon determined under divisions (B)(2)(a) and (b) of that 40405
section.40406

       (2) After making the distribution to the state and local 40407
government highway distribution fund, the remainder shall be 40408
credited as follows:40409

       (a) Thirty per cent to the gasoline excise tax fund for 40410
distribution pursuant to division (A)(1) of section 5735.27 of the 40411
Revised Code;40412

       (b) Twenty-five per cent to the gasoline excise tax fund for 40413
distribution pursuant to division (A)(3) of section 5735.27 of the 40414
Revised Code;40415

       (c) Except as provided in division (D) of this section, 40416
forty-five per cent to the highway operating fund for distribution 40417
pursuant to division (B)(1) of section 5735.27 of the Revised 40418
Code.40419

       (C) From the balance in the state and local government 40420
highway distribution fund on the last day of each month there 40421
shall be paid the following amounts:40422

       (1) To the local transportation improvement program fund 40423
created by section 164.14 of the Revised Code, an amount equal to 40424
a fraction of the balance in the state and local government 40425
highway distribution fund, the numerator of which fraction is one 40426
and the denominator of which fraction is that portion of the tax 40427
per gallon determined under division (B)(2)(a) of section 5735.06 40428
of the Revised Code;40429

       (2) An amount equal to five cents multiplied by the number of 40430
gallons of motor fuel sold at stations operated by the Ohio 40431
turnpike and infrastructure commission, such gallonage to be 40432
certified by the commission to the treasurer of state not later 40433
than the last day of the month following. The funds paid to the 40434
commission pursuant to this section shall be expended for the 40435
construction, reconstruction, maintenance, and repair of turnpike 40436
projects, except that the funds may not be expended for the 40437
construction of new interchanges. The funds also may be expended 40438
for the construction, reconstruction, maintenance, and repair of 40439
those portions of connecting public roads that serve existing 40440
interchanges and are determined by the commission and the director 40441
of transportation to be necessary for the safe merging of traffic 40442
between the turnpike and those public roads.40443

       The remainder of the balance shall be distributed as follows 40444
on the fifteenth day of the following month:40445

       (a) Ten and seven-tenths per cent shall be paid to municipal 40446
corporations for distribution pursuant to division (A)(1) of 40447
section 5735.27 of the Revised Code and may be used for any 40448
purpose for which payments received under that division may be 40449
used. Through July 15, 2005, the sum of two hundred forty-eight 40450
thousand six hundred twenty-five dollars shall be monthly 40451
subtracted from the amount so computed and credited to the highway 40452
operating fund. Beginning August 15, 2005, the sum of seven 40453
hundred forty-five thousand eight hundred seventy-five dollars 40454
shall be monthly subtracted from the amount so computed and 40455
credited to the highway operating fund.40456

       (b) Five per cent shall be paid to townships for distribution 40457
pursuant to division (A)(5) of section 5735.27 of the Revised Code 40458
and may be used for any purpose for which payments received under 40459
that division may be used. Through July 15, 2005, the sum of 40460
eighty-seven thousand seven hundred fifty dollars shall be monthly 40461
subtracted from the amount so computed and credited to the highway 40462
operating fund. Beginning August 15, 2005, the sum of two hundred 40463
sixty-three thousand two hundred fifty dollars shall be monthly 40464
subtracted from the amount so computed and credited to the highway 40465
operating fund.40466

       (c) Nine and three-tenths per cent shall be paid to counties 40467
for distribution pursuant to division (A)(3) of section 5735.27 of 40468
the Revised Code and may be used for any purpose for which 40469
payments received under that division may be used. Through July 40470
15, 2005, the sum of two hundred forty-eight thousand six hundred 40471
twenty-five dollars shall be monthly subtracted from the amount so 40472
computed and credited to the highway operating fund. Beginning 40473
August 15, 2005, the sum of seven hundred forty-five thousand 40474
eight hundred seventy-five dollars shall be monthly subtracted 40475
from the amount so computed and credited to the highway operating 40476
fund.40477

       (d) Except as provided in division (D) of this section, the 40478
balance shall be transferred to the highway operating fund and 40479
used for the purposes set forth in division (B)(1) of section 40480
5735.27 of the Revised Code.40481

       (D) Monthly from September to February of each fiscal year, 40482
an amount equal to one-sixth of the amount certified in July of 40483
that year by the treasurer of state pursuant to division (Q) of 40484
section 151.01 of the Revised Code shall, from amounts required to 40485
be credited or transferred to the highway operating fund pursuant 40486
to division (B)(2)(c) or (C)(2)(d) of this section, be credited or 40487
transferred to the highway capital improvement bond service fund 40488
created in section 151.06 of the Revised Code. If, in any of those 40489
months, the amount available to be credited or transferred to the 40490
bond service fund is less than one-sixth of the amount so 40491
certified, the shortfall shall be added to the amount due the next 40492
succeeding month. Any amount still due at the end of the six-month 40493
period shall be credited or transferred as the money becomes 40494
available, until such time as the office of budget and management 40495
receives certification from the treasurer of state or the 40496
treasurer of state's designee that sufficient money has been 40497
credited or transferred to the bond service fund to meet in full 40498
all payments of debt service and financing costs due during the 40499
fiscal year from that fund.40500

       Sec. 5736.06.  (A) No person subject to the tax imposed by 40501
section 5736.02 of the Revised Code shall distribute, import, or 40502
cause the importation of motor fuel for consumption in this state 40503
without holding a supplier's license issued by the tax 40504
commissioner to engage in such activities.40505

       (B)(1) A person subject to the tax imposed by section 5736.02 40506
of the Revised Code shall, on or before March 1, 2014, or within 40507
thirty days of first becoming subject to the tax imposed by this 40508
chapter, whichever is earlier, apply to the tax commissioner for a 40509
supplier's license on the form prescribed by the commissioner. 40510

       (2) Each person issued a supplier's license under division 40511
(B)(1) of this section shall apply to renew the license on or 40512
before the first day of March of each year.40513

       (3) With each license application submitted under division 40514
(B)(1) or (2) of this section, the applicant shall pay an 40515
application fee equal to one of the following amounts:40516

       (a) If the applicant solely imports or causes the importation 40517
of motor fuel for sale, exchange, or transfer by the person in 40518
this state, three hundred dollars;40519

       (b) If the applicant engages in activities in addition to 40520
those described in division (B)(3)(a) of this section, one 40521
thousand dollars.40522

       If an applicant timely submits an application under division 40523
(B)(1) of this section on or after the first day of September of 40524
any year, the fee that would apply to the applicant under division 40525
(B)(3)(a) or (b) of this section shall be reduced by one-half.40526

       (4) The failure to apply to the commissioner for a supplier's 40527
license does not relieve a person from the requirement to file 40528
returns and pay the tax imposed by this chapter.40529

       (C) The tax commissioner may refuse to issue a license to any 40530
applicant under this section in the following circumstances:40531

       (1) The applicant has previously had any license canceled for 40532
cause by the commissioner.40533

       (2) The commissioner believes that the application is not 40534
filed in good faith or is filed as a subterfuge in an attempt to 40535
procure a license for another person.40536

       (3) The applicant has violated any provision of this chapter.40537

       (D) If the tax commissioner refuses to issue a license to an 40538
applicant under this section, the applicant is entitled to a 40539
refund of the application fee in accordance with section 5736.08 40540
of the Revised Code. All application fees collected under this 40541
section shall be deposited into the motor fuel receiptspetroleum 40542
activity tax administration fund created in section 5736.13 of the 40543
Revised Code.40544

       (E) No person shall make a false or fraudulent statement on 40545
an application required by this section.40546

       Sec. 5736.09.  (A) The tax commissioner may make an 40547
assessment, based on any information in the commissioner's 40548
possession, against any person that fails to file a return or pay 40549
any tax as required by this chapter. The commissioner shall give 40550
the person assessed written notice of the assessment as provided 40551
in section 5703.37 of the Revised Code. With the notice, the 40552
commissioner shall provide instructions on the manner in which to 40553
petition for reassessment and request a hearing with respect to 40554
the petition.40555

       (B) Unless the person assessed, within sixty days after 40556
service of the notice of assessment, files with the commissioner, 40557
either personally or by certified mail, a written petition signed 40558
by the person or the person's authorized agent having knowledge of 40559
the facts, the assessment becomes final, and the amount of the 40560
assessment is due and payable from the person assessed to the 40561
treasurer of state. The petition shall indicate the objections of 40562
the person assessed, but additional objections may be raised in 40563
writing if received by the commissioner prior to the date shown on 40564
the final determination. 40565

       If a petition for reassessment has been properly filed, the 40566
commissioner shall proceed under section 5703.60 of the Revised 40567
Code. 40568

       (C)(1) After an assessment becomes final, if any portion of 40569
the assessment, including accrued interest, remains unpaid, a 40570
certified copy of the commissioner's entry making the assessment 40571
final may be filed in the office of the clerk of the court of 40572
common pleas in the county in which the person resides or has its 40573
principal place of business in this state, or in the office of the 40574
clerk of court of common pleas of Franklin county. 40575

       (2) Immediately upon the filing of the entry, the clerk shall 40576
enter judgment for the state against the person assessed in the 40577
amount shown on the entry. The judgment may be filed by the clerk 40578
in a loose-leaf book entitled, "special judgments for the motor 40579
fuel receiptspetroleum activity tax" and shall have the same 40580
effect as other judgments. Execution shall issue upon the judgment 40581
at the request of the commissioner, and all laws applicable to 40582
sales on execution shall apply to sales made under the judgment. 40583

       (3) If the assessment is not paid in its entirety within 40584
sixty days after the day the assessment was issued, the portion of 40585
the assessment consisting of tax due shall bear interest at the 40586
rate per annum prescribed by section 5703.47 of the Revised Code 40587
from the day the commissioner issues the assessment until it is 40588
paid or until it is certified to the attorney general for 40589
collection under section 131.02 of the Revised Code, whichever 40590
comes first. If the unpaid portion of the assessment is certified 40591
to the attorney general for collection, the entire unpaid portion 40592
of the assessment shall bear interest at the rate per annum 40593
prescribed by section 5703.47 of the Revised Code from the date of 40594
certification until the date it is paid in its entirety. Interest 40595
shall be paid in the same manner as the tax and may be collected 40596
by the issuance of an assessment under this section.40597

       (D) If the commissioner believes that collection of the tax 40598
will be jeopardized unless proceedings to collect or secure 40599
collection of the tax are instituted without delay, the 40600
commissioner may issue a jeopardy assessment against the person 40601
liable for the tax. Immediately upon the issuance of the jeopardy 40602
assessment, the commissioner shall file an entry with the clerk of 40603
the court of common pleas in the manner prescribed by division (C) 40604
of this section. Notice of the jeopardy assessment shall be served 40605
on the person assessed or the person's authorized agent in the 40606
manner provided in section 5703.37 of the Revised Code within five 40607
days of the filing of the entry with the clerk. The total amount 40608
assessed is immediately due and payable, unless the person 40609
assessed files a petition for reassessment in accordance with 40610
division (B) of this section and provides security in a form 40611
satisfactory to the commissioner and in an amount sufficient to 40612
satisfy the unpaid balance of the assessment. Full or partial 40613
payment of the assessment does not prejudice the commissioner's 40614
consideration of the petition for reassessment. 40615

       (E) The commissioner shall immediately forward to the 40616
treasurer of state all amounts the commissioner receives under 40617
this section, and such amounts shall be considered as revenue 40618
arising from the tax imposed under this chapter. 40619

       (F) Except as otherwise provided in this division, no 40620
assessment shall be made or issued against a taxpayer for the tax 40621
imposed under this chapter more than four years after the due date 40622
for the filing of the return for the tax period for which the tax 40623
was reported, or more than four years after the return for the tax 40624
period was filed, whichever is later. The time limit may be 40625
extended if both the taxpayer and the commissioner consent in 40626
writing to the extension or enter into an agreement waiving or 40627
extending the time limit. Any such extension shall extend the 40628
four-year time limit in division (A) of section 5736.08 of the 40629
Revised Code for the same period of time. Nothing in this division 40630
bars an assessment against a taxpayer that fails to file a return 40631
required by this chapter or that files a fraudulent return.40632

       (G) If the commissioner possesses information that indicates 40633
that the amount of tax a taxpayer is required to pay under this 40634
chapter exceeds the amount the taxpayer paid, the commissioner may 40635
audit a sample of the taxpayer's gross receipts over a 40636
representative period of time to ascertain the amount of tax due, 40637
and may issue an assessment based on the audit. The commissioner 40638
shall make a good faith effort to reach agreement with the 40639
taxpayer in selecting a representative sample. The commissioner 40640
may apply a sampling method only if the commissioner has 40641
prescribed the method by rule. 40642

       (H) If the whereabouts of a person subject to this chapter is 40643
not known to the commissioner, the commissioner shall follow the 40644
procedures under section 5703.37 of the Revised Code.40645

       Sec. 5736.13.  (A) For the purpose of receiving, accounting 40646
for, and distributing revenue received from the tax imposed by 40647
section 5736.02 of the Revised Code, the following funds are 40648
hereby created in the state treasury:40649

       (1) The motor fuel receiptspetroleum activity tax fund;40650

       (2) The motor fuel receiptspetroleum activity tax 40651
administration fund. All amounts credited to the motor fuel 40652
receiptspetroleum activity tax administration fund shall be used 40653
solely for the purpose of paying the expenses of the department of 40654
taxation incident to the administration of the tax imposed by 40655
section 5736.02 of the Revised Code. 40656

       (3) The motor fuel receiptspetroleum activity tax public 40657
highways fund.40658

       (B) All money collected from the tax imposed by section 40659
5736.02 of the Revised Code shall be deposited into the motor fuel 40660
receiptspetroleum activity tax fund. 40661

       (C) From the motor fuel receiptspetroleum activity tax fund, 40662
the director of budget and management shall place to the credit of 40663
the tax refund fund established by section 5703.052 of the Revised 40664
Code amounts equal to the refunds certified by the tax 40665
commissioner pursuant to section 5736.08 of the Revised Code.40666

       (D) Not later than the last day of March, June, September, 40667
and December of each year, the director of budget and management 40668
shall provide for the transfer of the balance of the motor fuel 40669
receiptspetroleum activity tax fund as of the last day of the 40670
preceding month, excluding any amounts required to be transferred 40671
as provided in division (C) of this section, as follows:40672

       (1) To the motor fuel receiptspetroleum activity tax 40673
administration fund, one per cent;40674

       (2) To the motor fuel receiptspetroleum activity tax public 40675
highways fund, an amount that bears the same ratio to the balance 40676
in the motor fuel receiptspetroleum activity tax fund, after 40677
subtracting the amount transferred under division (D)(1) of this 40678
section, that (a) the gross receipts attributed to motor fuel used 40679
for propelling vehicles on public highways and waterways as 40680
indicated by returns filed by the last day of the preceding month, 40681
bears to (b) all gross receipts as indicated by those returns;40682

       (3) To the general revenue fund, the amount remaining after 40683
the transfers required by divisions (D)(1) and (2) of this 40684
section.40685

       Sec. 5736.50. (A) A taxpayer granted a credit by the tax 40686
credit authority under section 122.17 or division (B)(2) or (3) of 40687
section 122.171 of the Revised Code may claim a refundable credit 40688
against the tax imposed under this chapter. For the purpose of 40689
making tax payments under this chapter, taxes equal to the amount 40690
of the refundable credit shall be considered to be paid on the 40691
first day of the tax period.40692

       (B) A taxpayer granted a credit by the tax credit authority 40693
under division (B)(1) of section 122.171 of the Revised Code may 40694
claim a nonrefundable tax credit against the tax imposed under 40695
this chapter.40696

       (C) Credits authorized in division (A) or (B) of this section 40697
shall not be claimed for any tax period beginning after the date 40698
on which a relocation of employment positions occurs in violation 40699
of an agreement entered into under section 122.17 or 122.171 of 40700
the Revised Code.40701

       (D) A taxpayer may claim any unused portion of the credit 40702
authorized under division (B) of section 5751.50 of the Revised 40703
Code against the tax imposed under this chapter. No credit shall 40704
be allowed under this division if the credit was available against 40705
the tax imposed under section 5751.02 of the Revised Code except 40706
to the extent the credit was not applied against that tax.40707

       Sec. 5743.01.  As used in this chapter:40708

       (A) "Person" includes individuals, firms, partnerships, 40709
associations, joint-stock companies, corporations, combinations of 40710
individuals of any form, and the state and any of its political 40711
subdivisions.40712

       (B) "Wholesale dealer" includes only those persons:40713

       (1) Who bring in or cause to be brought into this state 40714
unstamped cigarettes purchased directly from the manufacturer, 40715
producer, or importer of cigarettes for sale in this state but 40716
does not include persons who bring in or cause to be brought into 40717
this state cigarettes with respect to which no evidence of tax 40718
payment is required thereon as provided in section 5743.04 of the 40719
Revised Code; or40720

       (2) Who are engaged in the business of selling cigarettes or 40721
tobacco products to others for the purpose of resale.40722

       "Wholesale dealer" does not include any cigarette 40723
manufacturer, export warehouse proprietor, or importer with a 40724
valid permit under 26 U.S.C. 5713 if that person sells cigarettes 40725
in this state only to wholesale dealers holding valid and current 40726
licenses under section 5743.15 of the Revised Code or to an export 40727
warehouse proprietor or another manufacturer.40728

       (C) "Retail dealer" includes:40729

       (1) In reference to dealers in cigarettes, every person other 40730
than a wholesale dealer engaged in the business of selling 40731
cigarettes in this state, regardless of whether the person is 40732
located in this state or elsewhere, and regardless of quantity, 40733
amount, or number of sales;40734

       (2) In reference to dealers in tobacco products, any person 40735
in this state engaged in the business of selling tobacco products 40736
to ultimate consumers in this state, regardless of quantity, 40737
amount, or number of sales.40738

       (D) "Sale" includes exchange, barter, gift, offer for sale, 40739
and distribution, and includes transactions in interstate or 40740
foreign commerce.40741

       (E) "Cigarettes" includes any roll for smoking made wholly or 40742
in part of tobacco, irrespective of size or shape, and whether or 40743
not such tobacco is flavored, adulterated, or mixed with any other 40744
ingredient, the wrapper or cover of which is made of paper, 40745
reconstituted cigarette tobacco, homogenized cigarette tobacco, 40746
cigarette tobacco sheet, or any similar materials other than cigar 40747
tobacco.40748

       (F) "Package" means the individual package, box, or other 40749
container in or from which retail sales of cigarettes are normally 40750
made or intended to be made.40751

       (G) "Stamp" includes an impression made by a metering device 40752
as provided for in section 5743.04 of the Revised Code"Electronic 40753
cigarette" means any device that includes a mechanical heating 40754
element, battery, or electronic circuit and that can be used to 40755
deliver a vapor of nicotine or any other substance, the use of 40756
which device, or the inhalation of which vapor, simulates smoking. 40757
"Electronic cigarette" includes any such device whether 40758
manufactured, distributed, marketed, or sold as an e-cigarette, 40759
e-cigar, e-pipe, or under any other product name or descriptor, 40760
and includes any cartridge or component of such a device or a 40761
related product.40762

       (H) "Storage" includes any keeping or retention of cigarettes 40763
or tobacco products for use or consumption in this state.40764

       (I) "Use" includes the exercise of any right or power 40765
incidental to the ownership of cigarettes or tobacco products.40766

       (J) "Tobacco product" or "other tobacco product" means any:40767

       (1) Any product made from tobacco, other than cigarettes, 40768
that is made for smoking or chewing, or both, and snuff;40769

       (2) Snuff;40770

       (3) Any product that contains nicotine in a cartridge or 40771
other component and that is marketed or intended to be used with 40772
an electronic cigarette.40773

       (K) "Wholesale price" means the invoice price, including all 40774
federal excise taxes, at which the manufacturer of the tobacco 40775
product sells the tobacco product to unaffiliated distributors, 40776
excluding any discounts based on the method of payment of the 40777
invoice or on time of payment of the invoice. If the taxpayer buys 40778
from other than a manufacturer, "wholesale price" means the 40779
invoice price, including all federal excise taxes and excluding 40780
any discounts based on the method of payment of the invoice or on 40781
time of payment of the invoice.40782

       (L) "Distributor" means:40783

       (1) Any manufacturer who sells, barters, exchanges, or 40784
distributes tobacco products to a retail dealer in the state, 40785
except when selling to a retail dealer that has filed with the 40786
manufacturer a signed statement agreeing to pay and be liable for 40787
the tax imposed by section 5743.51 of the Revised Code;40788

       (2) Any wholesale dealer located in the state who receives 40789
tobacco products from a manufacturer, or who receives tobacco 40790
products on which the tax imposed by this chapter has not been 40791
paid;40792

       (3) Any wholesale dealer located outside the state who sells, 40793
barters, exchanges, or distributes tobacco products to a wholesale 40794
or retail dealer in the state; or40795

       (4) Any retail dealer who receives tobacco products on which 40796
the tax has not or will not be paid by another distributor, 40797
including a retail dealer that has filed a signed statement with a 40798
manufacturer in which the retail dealer agrees to pay and be 40799
liable for the tax that would otherwise be imposed on the 40800
manufacturer by section 5743.51 of the Revised Code.40801

       (M) "Taxpayer" means any person liable for the tax imposed by 40802
section 5743.51, 5743.62, or 5743.63 of the Revised Code.40803

       (N) "Seller" means any person located outside this state 40804
engaged in the business of selling tobacco products to consumers 40805
for storage, use, or other consumption in this state.40806

       (O) "Manufacturer" means any person who manufactures and 40807
sells cigarettes or tobacco products.40808

       (P) "Importer" means any person that is authorized, under a 40809
valid permit issued under Section 5713 of the Internal Revenue 40810
Code, to import finished cigarettes into the United States, either 40811
directly or indirectly.40812

       (Q) "Little cigar" means any roll for smoking, other than 40813
cigarettes, made wholly or in part of tobacco that uses an 40814
integrated cellulose acetate filter or other filter and is wrapped 40815
in any substance containing tobacco, other than natural leaf 40816
tobacco.40817

       Sec. 5743.02.  To provide revenues for the general revenue 40818
fund, an excise tax on sales of cigarettes is hereby levied at the 40819
rate of sixty-two and one-halffollowing rates:40820

       (A) From July 1, 2014, through June 30, 2015, seventy-seven 40821
and one-half mills on each cigarette;40822

       (B) On and after July 1, 2015, ninety-two and one-half mills 40823
on each cigarette.40824

       Only one sale of the same article shall be used in computing 40825
the amount of tax due.40826

       The treasurer of state shall place to the credit of the tax 40827
refund fund created by section 5703.052 of the Revised Code, out 40828
of receipts from the tax levied by this section, amounts equal to 40829
the refunds certified by the tax commissioner pursuant to section 40830
5743.05 of the Revised Code. The balance of taxes collected under 40831
such section, after the credits to the tax refund fund, shall be 40832
paid into the general revenue fund.40833

       Sec. 5743.021.  (A) As used in this section, "qualifying 40834
regional arts and cultural district" means a regional arts and 40835
cultural district created under section 3381.04 of the Revised 40836
Code in a county having a population of one million two hundred 40837
thousand or more according to the 2000 federal decennial census.40838

       (B) For one or more of the purposes for which a tax may be 40839
levied under section 3381.16 of the Revised Code and for the 40840
purposes of paying the expenses of administering the tax and the 40841
expenses charged by a board of elections to hold an election on a 40842
question submitted under this section, the board of county 40843
commissioners of a county that has within its territorial 40844
boundaries a qualifying regional arts and cultural district may 40845
levy a tax on the sale of cigarettes sold for resale at retail in 40846
the county composing the district. The rate of the tax, when added 40847
to the rate of any other tax concurrently levied by the board 40848
under this section, shall not exceed fifteen mills per cigarette, 40849
and shall be computed on each cigarette sold. Only one sale of the 40850
same article shall be used in computing the amount of tax due. The 40851
tax may be levied for any number of years not exceeding ten years.40852

       The tax shall be levied pursuant to a resolution of the board 40853
of county commissioners approved by a majority of the electors in 40854
the county voting on the question of levying the tax. The 40855
resolution shall specify the rate of the tax, the number of years 40856
the tax will be levied, and the purposes for which the tax is 40857
levied. The election may be held on the date of a general, 40858
primary, or special election held not sooner than ninety days 40859
after the date the board certifies its resolution to the board of 40860
elections. If approved by the electors, the tax shall take effect 40861
on the first day of the month specified in the resolution but not 40862
sooner than the first day of the month that is at least sixty days 40863
after the certification of the election results by the board of 40864
elections. A copy of the resolution levying the tax shall be 40865
certified to the tax commissioner at least sixty days prior to the 40866
date on which the tax is to become effective.40867

       (C) The form of the ballot in an election held under this 40868
section shall be as follows, or in any other form acceptable to 40869
the secretary of state:40870

       "For the purpose of .......... (insert the purpose or 40871
purposes of the tax), shall an excise tax be levied throughout 40872
.......... County for the benefit of the ........... (name of the 40873
qualifying regional arts and cultural district) on the sale of 40874
cigarettes at wholesale at the rate of .... mills per cigarette 40875
for ..... years?40876

        40877

 For the tax 40878
 Against the tax  " 40879

       (D) The treasurer of state shall credit all moneysAll money40880
arising from taxes levied on behalf of each district under this 40881
section and section 5743.321 of the Revised Code shall be credited40882
as follows:40883

       (1) To the tax refund fund created by section 5703.052 of the 40884
Revised Code, amounts equal to the refunds from each tax levied 40885
under this section certified by the tax commissioner pursuant to 40886
section 5743.05 of the Revised Code;40887

       (2) Following the crediting of amounts pursuant to division 40888
(D)(1) of this section:40889

       (a) To the permissive tax distribution fund created under 40890
section 4301.423 of the Revised Code, an amount equal to 40891
ninety-eight per cent of the remainder collected;40892

       (b) To the local excise tax administrative fund, which is 40893
hereby created in the state treasury, an amount equal to two per 40894
cent of such remainder, for use by the tax commissioner in 40895
defraying costs incurred in administering the tax.40896

       On or before the second working day of each month, the 40897
treasurer of state shall certify to the tax commissioner the 40898
amount of taxes levied on behalf of each district under sections 40899
5743.021 and 5743.321 of the Revised Code and paid to the 40900
treasurer of state during the preceding month.40901

       On or before the tenth day of each month, the tax 40902
commissioner shall distribute the amount credited to the 40903
permissive tax distribution fund during the preceding month by 40904
providing for payment of the appropriate amount to the county 40905
treasurer of the county in which the tax is levied.40906

       Sec. 5743.024.  (A) For the purposes of section 307.696 of 40907
the Revised Code, to pay the expenses of administering the tax, 40908
and to pay any or all of the charge the board of elections makes 40909
against the county to hold the election on the question of levying 40910
the tax, or for such purposes and to provide revenues to the 40911
county for permanent improvements, the board of county 40912
commissioners may levy a tax on sales of cigarettes sold for 40913
resale at retail in the county. The tax shall not exceed two and 40914
twenty-five hundredths of a mill per cigarette, and shall be 40915
computed on each cigarette sold. The tax may be levied for any 40916
number of years not exceeding twenty. Only one sale of the same 40917
article shall be used in computing the amount of tax due.40918

       The tax shall be levied pursuant to a resolution of the 40919
county commissioners approved by a majority of the electors in the 40920
county voting on the question of levying the tax. The resolution 40921
shall specify the rate of the tax, the number of years the tax 40922
will be levied, and the purposes for which the tax is levied. Such 40923
election may be held on the date of a general or special election 40924
held not sooner than ninety days after the date the board 40925
certifies its resolution to the board of elections. If approved by 40926
the electors, the tax shall take effect on the first day of the 40927
month specified in the resolution but not sooner than the first 40928
day of the month that is at least sixty days after the 40929
certification of the election results by the board of elections. A 40930
copy of the resolution levying the tax shall be certified to the 40931
tax commissioner at least sixty days prior to the date on which 40932
the tax is to become effective.40933

       A resolution under this section may be joined on the ballot 40934
as a single question with a resolution adopted under section 40935
307.697 or 4301.421 of the Revised Code to levy a tax for the same 40936
purposes and for the purpose of paying the expenses of 40937
administering the tax. The form of the ballot in an election held 40938
pursuant to this section shall be as prescribed in section 307.697 40939
of the Revised Code.40940

       (B) The treasurer of state shall credit all moneysAll money40941
arising from each county's taxes levied under this section and 40942
section 5743.323 of the Revised Code shall be credited as follows:40943

       (1) To the tax refund fund created by section 5703.052 of the 40944
Revised Code, amounts equal to the refunds from each tax levied 40945
under this section certified by the tax commissioner pursuant to 40946
section 5743.05 of the Revised Code;40947

       (2) Following the crediting of amounts pursuant to division 40948
(B)(1) of this section:40949

       (a) To the permissive tax distribution fund created by 40950
division (B)(1) of section 4301.423 of the Revised Code, an amount 40951
equal to ninety-eight per cent of the remainder collected;40952

       (b) To the local excise tax administrative fund, which is 40953
hereby created in the state treasury, an amount equal to two per 40954
cent of such remainder, for use by the tax commissioner in 40955
defraying costs incurred in administering the tax.40956

       On or before the second working day of each month, the 40957
treasurer of state shall certify to the tax commissioner the 40958
amount of each county's taxes levied under sections 5743.024 and 40959
5743.323 of the Revised Code and paid to the treasurer of state 40960
during the preceding month.40961

       On or before the tenth day of each month, the tax 40962
commissioner shall distribute the amount credited to the 40963
permissive tax distribution fund during the preceding month by 40964
providing for payment of the appropriate amount to the county 40965
treasurer of each county levying the tax.40966

       (C) The board of county commissioners of a county in which a 40967
tax is imposed under this section on the effective date of the 40968
amendment of this section by H.B. 59 of the 130th general 40969
assembly, September 29, 2013, may levy a tax for the purpose of 40970
section 307.673 of the Revised Code regardless of whether or not 40971
the cooperative agreement authorized under that section has been 40972
entered into prior to the day the resolution adopted under 40973
division (C)(1) or (2) of this section is adopted, for the purpose 40974
of reimbursing a county for costs incurred in the construction of 40975
a sports facility pursuant to an agreement entered into by the 40976
county under section 307.696 of the Revised Code, or for the 40977
purpose of paying the costs of capital repairs of and improvements 40978
to a sports facility. The tax shall be levied and approved in one 40979
of the manners prescribed by division (C)(1) or (2) of this 40980
section.40981

       (1) The tax may be levied pursuant to a resolution adopted by 40982
a majority of the members of the board of county commissioners not 40983
later than forty-five days after July 19, 1995. A board of county 40984
commissioners approving a tax under division (C)(1) of this 40985
section may approve a tax under division (D)(1) of section 307.697 40986
or division (B)(1) of section 4301.421 of the Revised Code at the 40987
same time. Subject to the resolution being submitted to a 40988
referendum under sections 305.31 to 305.41 of the Revised Code, 40989
the resolution shall take effect immediately, but the tax levied 40990
pursuant to the resolution shall not be levied prior to the day 40991
following the last day that any tax previously levied pursuant to 40992
this division may be levied.40993

       (2) The tax may be levied pursuant to a resolution adopted by 40994
a majority of the members of the board of county commissioners not 40995
later than September 1, 2015, and approved by a majority of the 40996
electors of the county voting on the question of levying the tax. 40997
The board of county commissioners shall certify a copy of the 40998
resolution to the board of elections immediately upon adopting a 40999
resolution under division (C)(2) of this section. The election may 41000
be held on the date of a general or special election held not 41001
sooner than ninety days after the date the board certifies its 41002
resolution to the board of elections. The form of the ballot shall 41003
be as prescribed by division (C) of section 307.697 of the Revised 41004
Code, except that the phrase "paying not more than one-half of the 41005
costs of providing a sports facility together with related 41006
redevelopment and economic development projects" shall be replaced 41007
by the phrase "paying the costs of constructing, renovating, 41008
improving, or repairing a sports facility and reimbursing a county 41009
for costs incurred by the county in the construction of a sports 41010
facility," and the phrase ", beginning .......... (here insert the 41011
earliest date the tax would take effect)" shall be appended after 41012
"years." A board of county commissioners submitting the question 41013
of a tax under division (C)(2) of this section may submit the 41014
question of a tax under division (D)(2) of section 307.697 or 41015
division (B)(2) of section 4301.421 of the Revised Code as a 41016
single question, and the form of the ballot shall include each of 41017
the proposed taxes.41018

       If approved by a majority of electors voting on the question, 41019
the tax shall take effect on the day specified on the ballot, 41020
which shall not be earlier than the day following the last day 41021
that any tax previously levied pursuant to this division may be 41022
levied.41023

       The rate of a tax levied pursuant to division (C)(1) or (2) 41024
of this section shall not exceed the rate specified in division 41025
(A) of this section. A tax levied pursuant to division (C)(1) or 41026
(2) of this section may be levied for any number of years not 41027
exceeding twenty.41028

       A board of county commissioners adopting a resolution under 41029
this division shall certify a copy of the resolution to the tax 41030
commissioner immediately upon adoption of the resolution.41031

       (D) No tax shall be levied under division (A) of this section 41032
on or after September 23, 2008. This division does not apply to a 41033
tax levied under division (C) of this section, and does not 41034
prevent the collection of any tax levied under this section before 41035
September 23, 2008, so long as that tax remains effective.41036

       Sec. 5743.025.  In addition to the return required by section 41037
5743.03 of the Revised Code, each retail dealer in a county in 41038
which a tax is levied under section 5743.021, 5743.024, or 41039
5743.026 of the Revised Code shall, within thirty days after the 41040
date on which the tax takes effect, make and file a return, on 41041
forms prescribed by the tax commissioner, showing the total number 41042
of cigarettes which such retail dealer had on hand as of the 41043
beginning of business on the date on which the tax takes effect, 41044
and such other information as the commissioner deems necessary for 41045
the administration of section 5743.021, 5743.024, or 5743.026 of 41046
the Revised Code. Each retail dealer shall deliver the return 41047
together with a remittance of the additional amount of tax due on 41048
the cigarettes shown on such return to the treasurer of state. The 41049
treasurer of state shall stamp or otherwise mark on the return the 41050
date it was received and shall also show thereon by stamp or 41051
otherwise the tax payment remitted with the return. Thereafter, 41052
the treasurer of state shall immediately transmit all returns 41053
filed under this section to the tax commissioner. Any retail 41054
dealer who fails to file a return under this section shall, for 41055
each day the retail dealer so fails, forfeit and pay into the 41056
state treasury the sum of one dollar as revenue arising from the 41057
tax imposed by section 5743.021, 5743.024, or 5743.026 of the 41058
Revised Code, and such sum may be collected by assessment in the 41059
manner provided in section 5743.081 of the Revised Code. For 41060
thirty days after the effective date of a tax imposed by section 41061
5743.021, 5743.024, or 5743.026 of the Revised Code, a retail 41062
dealer may possess for sale or sell in the county in which the tax 41063
is levied cigarettes not bearing the stamp or impression required 41064
by section 5743.03 of the Revised Code to evidence payment of the 41065
county tax but on which the tax has or will be paid.41066

       Sec. 5743.03. (A) Except as provided in section 5743.04 of 41067
the Revised Code, the taxes imposed under sections 5743.02, 41068
5743.021, 5743.024, and 5743.026 of the Revised Code shall be paid 41069
by the purchase of tax stamps. A tax stamp shall be affixed to 41070
each package of an aggregate denomination not less than the amount 41071
of the tax upon the contents thereof. The tax stamp, so affixed, 41072
shall be prima-facie evidence of payment of the tax. 41073

       Except as is provided in the rules prescribed by the tax 41074
commissioner under authority of sections 5743.01 to 5743.20 of the 41075
Revised Code, and unless tax stamps have been previously affixed, 41076
they shall be so affixed by each wholesale dealer, and canceled by 41077
writing or stamping across the face thereof the number assigned to 41078
such wholesale dealer by the tax commissioner for that purpose, 41079
prior to the delivery of any cigarettes to any person in this 41080
state, or in the case of a tax levied pursuant to section 41081
5743.021, 5743.024, or 5743.026 of the Revised Code, prior to the 41082
delivery of cigarettes to any person in the county in which the 41083
tax is levied.41084

       (B) Except as provided in the rules prescribed by the 41085
commissioner under authority of sections 5743.01 to 5743.20 of the 41086
Revised Code, each retail dealer, within twenty-four hours after 41087
the receipt of any cigarettes at the retail dealer's place of 41088
business, shall inspect the cigarettes to ensure that tax stamps 41089
are affixed. The inspection shall be completed before the 41090
cigarettes are delivered to any person in this state, or, in the 41091
case of a tax levied pursuant to section 5743.021, 5743.024, or 41092
5743.026 of the Revised Code, before the cigarettes are delivered 41093
to any person in the county in which the tax is levied.41094

       (C) Whenever any cigarettes are found in the place of 41095
business of any retail dealer without proper tax stamps affixed 41096
thereto and canceled, it is presumed that such cigarettes are kept 41097
therein in violation of sections 5743.01 to 5743.20 of the Revised 41098
Code.41099

       (D) Each wholesale dealer who purchases cigarettes without 41100
proper tax stamps affixed thereto shall, on or before the 41101
thirty-first day of the month following the close of each 41102
semiannual period, which period shall end on the thirtieth day of 41103
June and the thirty-first day of December of each year, make and 41104
file a return of the preceding semiannual period, on such form as 41105
is prescribed by the tax commissioner, showing the dealer's entire 41106
purchases and sales of cigarettes and stamps or impressions for 41107
such semiannual period and accurate inventories as of the 41108
beginning and end of each semiannual period of cigarettes, stamped 41109
or unstamped; cigarette tax stamps affixed or unaffixed and unused 41110
meter impressions; and such other information as the commissioner 41111
finds necessary to the proper administration of sections 5743.01 41112
to 5743.20 of the Revised Code. The commissioner may extend the 41113
time for making and filing returns and may remit all or any part 41114
of amounts of penalties that may become due under sections 5743.01 41115
to 5743.20 of the Revised Code. The wholesale dealer shall deliver 41116
the return together with a remittance of the tax deficiency 41117
reported thereon to the treasurer of state. The treasurer of state 41118
shall stamp or otherwise mark on the return the date it was 41119
received and shall also show thereon by stamp or otherwise a 41120
payment or nonpayment of the deficiency shown by the return. 41121
Thereafter, the treasurer of state shall immediately transmit all 41122
returns filed under this section to the commissioner.41123

       (E) Any wholesale dealer who fails to file a return under 41124
this section and the rules of the commissioner, other than a 41125
report required pursuant to division (F) of this section, may be 41126
required, for each day the dealer so fails, to forfeit and pay 41127
into the state treasury the sum of one dollar as revenue arising 41128
from the tax imposed by sections 5743.01 to 5743.20 of the Revised 41129
Code and such sum may be collected by assessment in the manner 41130
provided in section 5743.081 of the Revised Code. If the 41131
commissioner finds it necessary in order to insure the payment of 41132
the tax imposed by sections 5743.01 to 5743.20 of the Revised 41133
Code, the commissioner may require returns and payments to be made 41134
other than semiannually. The returns shall be signed by the 41135
wholesale dealer or an authorized agent thereof.41136

       (F) Each person required to file a tax return under section 41137
5743.03, 5743.52, or 5743.62 of the Revised Code shall report to 41138
the commissioner the quantity of all cigarettes and roll-your-own 41139
cigarette tobacco sold in Ohio for each brand not covered by the 41140
tobacco master settlement agreement for which the person is liable 41141
for the taxes levied under section 5743.02, 5743.51, or 5743.62 of 41142
the Revised Code.41143

       As used in this division, "tobacco master settlement 41144
agreement" has the same meaning as in section 183.01 of the 41145
Revised Code.41146

       (G) The report required by division (F) of this section shall 41147
be made on a form prescribed by the commissioner and shall be 41148
filed not later than the last day of each month for the previous 41149
month, except that if the commissioner determines that the 41150
quantity reported by a person does not warrant monthly reporting, 41151
the commissioner may authorize reporting at less frequent 41152
intervals. The commissioner may assess a penalty of not more than 41153
two hundred fifty dollars for each month or portion thereof that a 41154
person fails to timely file a required report, and such sum may be 41155
collected by assessment in the manner provided in section 5743.081 41156
of the Revised Code. All money collected under this division shall 41157
be considered as revenue arising from the taxes imposed by 41158
sections 5743.01 to 5743.20 of the Revised Code.41159

       (H) The treasurer of statecommissioner or an agent of the 41160
treasurercommissioner may sell tax stamps only to a licensed 41161
wholesale dealer, except as otherwise authorized by the 41162
commissioner. The treasurercommissioner or an agent of the 41163
treasurercommissioner may charge the costs associated with the 41164
shipment of tax stamps to the licensed wholesale dealer. Amounts 41165
collected from such charges shall be credited to the treasurer of 41166
state's administrativecigarette tax enforcement fund created 41167
under section 113.205743.15 of the Revised Code.41168

       Sec. 5743.04.  The tax commissioner shall design and procure 41169
the stamps provided for in section 5743.03 of the Revised Code and 41170
shall enforce and administer sections 5743.01 to 5743.44 of the 41171
Revised Code. With respect to packages containing any number of 41172
cigarettes other than twenty, if the commissioner finds that it is 41173
practicable to collect the taxes levied under sections 5743.02, 41174
5743.021, 5743.024, and 5743.026 of the Revised Code by any method 41175
other than that provided in this section and section 5743.03 of 41176
the Revised Code, the commissioner may by rule prescribe such 41177
other method for payment of the taxes upon such packages of 41178
cigarettes as will adequately protect the revenue; provided, that 41179
in any case where the commissioner prescribes that the taxes upon 41180
such packages of cigarettes shall be paid on the basis of returns 41181
filed by a wholesale or retail dealer, said returns, together with 41182
a remittance of all taxes due as shown thereon, shall be filed 41183
with the treasurer of statecommissioner not later than the tenth 41184
day of the month following the month in which such cigarettes are 41185
sold in this state. The commissioner may promulgate rules in 41186
accordance with sections 119.01 to 119.13 of the Revised Code as 41187
the commissioner deems necessary to carry out sections 5743.01 to 41188
5743.44 of the Revised Code and may adopt different detailed rules 41189
applicable to diverse methods and conditions of sale of 41190
cigarettes, prescribing, in each class of cases, upon whom, as 41191
between the wholesale dealer and the retail dealer, the primary 41192
duty of affixing stamps shall rest, and the manner in which stamps 41193
shall be affixed. A copy of such rules shall be furnished to every 41194
licensed dealer as provided in sections 119.01 to 119.13 of the 41195
Revised Code. Any such rule so furnished which excuses a wholesale 41196
dealer from affixing stamps under the circumstances of the 41197
particular case shall be a defense in the prosecution of such 41198
dealer for violation of section 5743.03 of the Revised Code.41199

       The commissioner, after determining that it is practicable to 41200
evidence payment of the taxes levied under sections 5743.02, 41201
5743.021, 5743.024, and 5743.026 of the Revised Code by impression 41202
made by a metering device, shall by resolution provide that such 41203
metering device may be used in lieu of the stamps otherwise 41204
provided for in section 5743.03 of the Revised Code. The 41205
commissioner may authorize any wholesale or retail dealer to use 41206
the metering device approved by the commissioner. Such device 41207
before being used shall be sealed by the treasurer of state, and 41208
shall be used only in accordance with the rules prescribed by the 41209
commissioner.41210

       Wholesale and retail dealers authorized to use said device 41211
shall prepay the tax represented by meter impressions and shall 41212
deliver the metering device to the treasurer of state or county 41213
treasurer in the county in which the place of business of any 41214
wholesaler or retailer is located if such treasurer is designated 41215
by the treasurer of state, who shall seal the meter in accordance 41216
with the prepayments so made.41217

       Sec. 5743.05.  All stamps provided for by section 5743.03 of 41218
the Revised Code, when procured by the tax commissioner, shallmay41219
be immediately delivered to the treasureran agent of statethe 41220
commissioner, who shall execute a receipt therefor showing the 41221
number and aggregate face value of each denomination received by 41222
the treasurer of stateagent and any other information that the 41223
commissioner requires to enforce the collection and distribution 41224
of all taxes imposed under section 5743.021, 5743.024, or 5743.026 41225
of the Revised Code, and deliver the receipt to the commissioner. 41226
The treasurerAn agent of statethe commissioner who receives 41227
stamps under this section shall sell the stamps and, on the fifth 41228
day of each month, make a report showing all sales made during the 41229
preceding month, with the names of purchasers, the number of each 41230
denomination, the aggregate face value purchased by each, and any 41231
other information as the commissioner requires to enforce the 41232
collection and distribution of all taxes imposed under section 41233
5743.021, 5743.024, or 5743.026 of the Revised Code, and deliver 41234
it to the commissioner. The treasurerSuch an agent of statethe 41235
commissioner shall be accountable for all stamps received and 41236
unsold. The stamps shall be sold and accounted for at their face 41237
value, except the commissioner shall, by rule certified to the 41238
treasurer of state, authorize the sale of stamps and meter 41239
impressions to wholesale or retail dealers in this state, or to 41240
wholesale dealers outside this state, at a discount of not less 41241
than one and eight-tenths per cent or more than ten per cent of 41242
their face value, as a commission for affixing and canceling the 41243
stamps or meter impressions.41244

       The commissioner, by rule certified to the treasurer of 41245
state, shall authorize the delivery of stamps and meter 41246
impressions to wholesale dealers in this state and to wholesale 41247
dealers outside this state on credit. If such a dealer has not 41248
been in good credit standing with this state for five consecutive 41249
years preceding the purchase, the tax commissioner shall require 41250
the dealer to file with the commissioner a bond to the state in 41251
the amount and in the form prescribed by the commissioner, with 41252
surety to the satisfaction of the commissioner, conditioned on 41253
payment to the treasurer of state or the commissioner within 41254
thirty days for stamps or meter impressions delivered within that 41255
time. If such a dealer has been in good credit standing with this 41256
state for five consecutive years preceding the purchase, the tax41257
commissioner shall not require that the dealer file such a bond 41258
but shall require payment for the stamps and meter impressions41259
within thirty days after purchase of the stamps and meter 41260
impressions. Stamps and meter impressions sold to a dealer not 41261
required to file a bond shall be sold at face value. The maximum 41262
amount that may be sold on credit to a dealer not required to file 41263
a bond shall equal one hundred ten per cent of the dealer's 41264
average monthly purchases over the preceding calendar year. The 41265
maximum amount shall be adjusted to reflect any changes in the tax 41266
rate and may be adjusted, upon application to the tax commissioner 41267
by the dealer, to reflect changes in the business operations of 41268
the dealer. The maximum amount shall be applicable to the period 41269
of July through April. Payment by a dealer not required to file a 41270
bond shall be remitted by electronic funds transfer as prescribed 41271
by section 5743.051 of the Revised Code. If a dealer not required 41272
to file a bond fails to make the payment in full within the 41273
thirty-day period, neither the treasurercommissioner nor an 41274
agent of state shall notthe commissioner may thereafter sell 41275
stamps or meter impressions to that dealer until the dealer pays 41276
the outstanding amount, including penalty and interest on that 41277
amount as prescribed in this chapter, and the commissioner 41278
thereafter may require the dealer to file a bond until the dealer 41279
is restored to good standing. The commissioner shall limit 41280
delivery of stamps and meter impressions on credit to the period 41281
running from the first day of July of the fiscal year until the 41282
first day of the following May. Any discount allowed as a 41283
commission for affixing and canceling stamps or meter impressions41284
shall be allowed with respect to sales of stamps and meter 41285
impressions on credit.41286

       The treasurer of statecommissioner shall redeem and pay for 41287
any destroyed, unused, or spoiled tax stamps and any unused meter 41288
impressions at their net value, and shall refund to wholesale 41289
dealers the net amount of state and county taxes paid erroneously 41290
or paid on cigarettes that have been sold in interstate or foreign 41291
commerce or that have become unsalable, and the net amount of 41292
county taxes that were paid on cigarettes that have been sold at 41293
retail or for retail sale outside a taxing county.41294

       An application for a refund of tax shall be filed with the41295
tax commissioner, on the form prescribed by the commissioner for 41296
that purpose, within three years from the date the tax stamps are 41297
destroyed or spoiled, from the date of the erroneous payment, or 41298
from the date that cigarettes on which taxes have been paid have 41299
been sold in interstate or foreign commerce or have become 41300
unsalable.41301

       On the filing of the application, the commissioner shall 41302
determine the amount of refund to which the applicant is entitled, 41303
payable from receipts of the state tax, and, if applicable, 41304
payable from receipts of a county tax. If the amount is less than 41305
that claimed, the commissioner shall certify the amount to the 41306
director of budget and management and treasurer of state for 41307
payment from the tax refund fund created by section 5703.052 of 41308
the Revised Code. If the amount is less than that claimed, the 41309
commissioner shall proceed in accordance with section 5703.70 of 41310
the Revised Code.41311

       If a refund is granted for payment of an illegal or erroneous 41312
assessment issued by the department, the refund shall include 41313
interest on the amount of the refund from the date of the 41314
overpayment. The interest shall be computed at the rate per annum 41315
prescribed by section 5703.47 of the Revised Code.41316

       Sec. 5743.051. This section applies to any wholesale or 41317
retail cigarette dealer required by section 5743.05 of the Revised 41318
Code to remit payment for tax stamps and meter impressions by 41319
electronic funds transfer. The tax commissioner shall notify each 41320
dealer of the dealer's obligation to do so and shall maintain an 41321
updated list of those dealers. Failure by the tax commissioner to 41322
notify a dealer subject to this section to remit taxes by 41323
electronic funds transfer does not relieve the dealer of its 41324
obligation to remit taxes by electronic funds transfer.41325

       A dealer required to remit payments by electronic funds 41326
transfer shall remit such payments to the treasurer of state in 41327
the manner prescribed by rules adopted by the treasurer of state 41328
under section 113.061 of the Revised Code and within the time 41329
prescribed for such a dealer by section 5743.05 of the Revised 41330
Code.41331

       A dealer required to remit taxes by electronic funds transfer 41332
may apply to the tax commissioner in the manner prescribed by the 41333
tax commissioner to be excused from that requirement. The tax 41334
commissioner may excuse the dealer from remittance by electronic 41335
funds transfer for good cause shown for the period of time 41336
requested by the dealer or for a portion of that period.41337

        If a dealer required to remit taxes by electronic funds 41338
transfer remits those taxes by some other means, the treasurer of 41339
state shall notify the tax commissioner of the failure to remit by 41340
electronic funds transfer. If the tax commissioner determines that 41341
such failure was not due to reasonable cause or was due to willful 41342
neglect, the tax commissioner may collect an additional charge by 41343
assessment in the manner prescribed by section 5743.081 of the 41344
Revised Code. The additional charge shall equal five per cent of 41345
the amount of the taxes required to be paid by electronic funds 41346
transfer but shall not exceed five thousand dollars. Any 41347
additional charge assessed under this section is in addition to 41348
any other penalty or charge imposed under this chapter and shall 41349
be considered as revenue arising from taxes imposed under this 41350
chapter. The tax commissioner may abate all or a portion of such a 41351
charge and may adopt rules governing such remissions.41352

       No additional charge shall be assessed under this section 41353
against a dealer that has been notified of its obligation to remit 41354
taxes under this section and that remits its first two tax 41355
payments after such notification by some means other than 41356
electronic funds transfer. The additional charge may be assessed 41357
upon the remittance of any subsequent tax payment that the dealer 41358
remits by some means other than electronic funds transfer.41359

       Sec. 5743.112.  (A) No person shall prepare for shipment, 41360
ship, transport, deliver, prepare for distribution, or distribute 41361
cigarettes, or otherwise engage or participate in the wholesale or 41362
retail business of trafficking in cigarettes, with the intent to 41363
avoid payment of the tax imposed by this chapter, when the total 41364
number of cigarettes in the aggregate exceeds one thousand two 41365
hundred during any twelve-month period.41366

       (B) Any vending machine containing cigarettes which do not 41367
have affixed the stamps or impressions provided for by sections 41368
5743.03 and 5743.04 of the Revised Code shall be seized and 41369
forfeited to the state in accordance with Chapter 2981. of the 41370
Revised Code. Forfeiture shall not affect the rights of a holder 41371
of a valid lien.41372

       (C) A vehicle that is seized as contraband under Chapter 41373
2981. of the Revised Code because of its use in violation of this 41374
chapter is subject to the procedures set forth in that chapter.41375

       Sec. 5743.32.  To provide revenue for the general revenue 41376
fund of the state, an excise tax is hereby levied on the use, 41377
consumption, or storage for consumption of cigarettes by consumers 41378
in this state at the rate of sixty-two and one-halffollowing 41379
rates:41380

       (A) From July 1, 2014, through June 30, 2015, seventy-seven 41381
and one-half mills on each cigarette;41382

       (B) On and after July 1, 2015, ninety-two and one-half mills 41383
on each cigarette. The41384

       The tax shall not apply if the tax levied by section 5743.02 41385
of the Revised Code has been paid.41386

       The money received into the state treasury from the excise 41387
tax levied by this section shall be credited to the general 41388
revenue fund.41389

       Sec. 5743.51.  (A) To provide revenue for the general revenue 41390
fund of the state, an excise tax on tobacco products is hereby 41391
levied at one of the following rates:41392

       (1) For tobacco products other than little cigars, seventeen41393
invoices dated from July 1, 2014, through June 30, 2015, forty-one41394
per cent of the wholesale price of the tobacco product received by 41395
a distributor or sold by a manufacturer to a retail dealer located 41396
in this state. 41397

       (2) For invoices dated October 1, 2013, or later, 41398
thirty-sevenon or after July 1, 2015, forty-nine per cent of the 41399
wholesale price of little cigarsthe tobacco product received by 41400
a distributor or sold by a manufacturer to a retail dealer located 41401
in this state.41402

       Each distributor who brings tobacco products, or causes 41403
tobacco products to be brought, into this state for distribution 41404
within this state, or any out-of-state distributor who sells 41405
tobacco products to wholesale or retail dealers located in this 41406
state for resale by those wholesale or retail dealers is liable 41407
for the tax imposed by this section. Only one sale of the same 41408
article shall be used in computing the amount of the tax due.41409

       (B) Except as otherwise provided in this division, the tax 41410
levied under this section on tobacco products described in 41411
division (J)(3) of section 5743.01 of the Revised Code applies to 41412
the entire wholesale price of any such product regardless of 41413
whether the product includes components not containing nicotine. 41414
If the wholesale price of such a product can be readily identified 41415
on an invoice or bill to show the portion of the wholesale price 41416
relating to nicotine-containing products and the portion relating 41417
to products not containing nicotine, the tax applies only to the 41418
cartridges or other components containing nicotine.41419

        (C) The treasurer of state shall place to the credit of the 41420
tax refund fund created by section 5703.052 of the Revised Code, 41421
out of the receipts from the tax levied by this section, amounts 41422
equal to the refunds certified by the tax commissioner pursuant to 41423
section 5743.53 of the Revised Code. The balance of the taxes 41424
collected under this section shall be paid into the general 41425
revenue fund.41426

       (C)(D) The commissioner may adopt rules as are necessary to 41427
assist in the enforcement and administration of sections 5743.51 41428
to 5743.66 of the Revised Code, including rules providing for the 41429
remission of penalties imposed.41430

       (D)(E) A manufacturer is not liable for payment of the tax 41431
imposed by this section for sales of tobacco products to a retail 41432
dealer that has filed a signed statement with the manufacturer in 41433
which the retail dealer agrees to pay and be liable for the tax, 41434
as long as the manufacturer has provided a copy of the statement 41435
to the tax commissioner.41436

       Sec. 5743.52.  (A) Each distributor of tobacco products 41437
subject to the tax levied by section 5743.51 of the Revised Code, 41438
on or before the lasttwenty-third day of each month, shall file 41439
with the treasurer of statetax commissioner a return for the 41440
preceding month showing any information the tax commissioner finds 41441
necessary for the proper administration of sections 5743.51 to 41442
5743.66 of the Revised Code, together with remittance of the tax 41443
due. The treasurer of state shall stamp or otherwise mark on the 41444
return the date it was received and shall also show thereon by 41445
stamp or otherwise the amount of payment received with the return. 41446
Thereafter, the treasurer of state shall immediately transmit all 41447
returns filed under this section to the tax commissioner. The 41448
return and payment of the tax required by this section shall be 41449
filed in such a manner that it is received by the treasurer of 41450
statecommissioner on or before the lasttwenty-third day of the 41451
month following the reporting period. If the return is filed and 41452
the amount of tax shown on the return to be due is paid on or 41453
before the date the return is required to be filed, the 41454
distributor is entitled to a discount equal to two and five-tenths 41455
per cent of the amount shown on the return to be due.41456

       (B) Any person who fails to timely file the return and make 41457
payment of taxes as required under this section, section 5743.62, 41458
or section 5743.63 of the Revised Code may be required to pay an 41459
additional charge not exceeding the greater of fifty dollars or 41460
ten per cent of the tax due. Any additional charge imposed under 41461
this section may be collected by assessment as provided in section 41462
5743.56 of the Revised Code.41463

       (C) If any tax due is not paid timely in accordance with 41464
sections 5743.52, 5743.62, or 5743.63 of the Revised Code, the 41465
person liable for the tax shall pay interest, calculated at the 41466
rate per annum as prescribed by section 5703.47 of the Revised 41467
Code, from the date the tax payment was due to the date of payment 41468
or to the date an assessment is issued under section 5743.56 of 41469
the Revised Code, whichever occurs first. The commissioner may 41470
collect such interest by assessment pursuant to section 5743.56 of 41471
the Revised Code.41472

       (D) The commissioner may authorize the filing of returns and 41473
the payment of the tax required by this section, section 5743.62, 41474
or section 5743.63 of the Revised Code for periods longer than a 41475
calendar month.41476

       (E) The commissioner may order any taxpayer to file with the 41477
commissioner security to the satisfaction of the commissioner 41478
conditioned upon filing the return and paying the taxes required 41479
under this section, section 5743.62, or section 5743.63 of the 41480
Revised Code if the commissioner believes that the collection of 41481
the tax may be in jeopardy.41482

       Sec. 5743.62.  (A) To provide revenue for the general revenue 41483
fund of the state, an excise tax is hereby levied on the seller of 41484
tobacco products in this state at one of the following rates:41485

       (1) For tobacco products other than little cigars, seventeen41486
From July 1, 2014, through June 30, 2015, forty-one per cent of 41487
the wholesale price of the tobacco product whenever the tobacco 41488
product is delivered to a consumer in this state for the storage, 41489
use, or other consumption of such tobacco products. 41490

       (2) For little cigars, thirty-sevenOn and after July 1, 41491
2015, forty-nine per cent of the wholesale price of the little 41492
cigarstobacco product whenever the little cigars aretobacco 41493
product is delivered to a consumer in this state for the storage, 41494
use, or other consumption of the little cigarstobacco product.41495

       The tax imposed by this section applies only to sellers 41496
having nexus in this state, as defined in section 5741.01 of the 41497
Revised Code.41498

       (B) Except as otherwise provided in this division, the tax 41499
levied under this section on tobacco products described in 41500
division (J)(3) of section 5743.01 of the Revised Code applies to 41501
the entire wholesale price of any such product regardless of 41502
whether the product includes components not containing nicotine. 41503
If the wholesale price of such a product can be readily identified 41504
on an invoice or bill to show the portion of the wholesale price 41505
relating to nicotine-containing products and the portion relating 41506
to products not containing nicotine, the tax applies only to the 41507
cartridges or other components containing nicotine.41508

       (C) A seller of tobacco products who has nexus in this state 41509
as defined in section 5741.01 of the Revised Code shall register 41510
with the tax commissioner and supply any information concerning 41511
the seller's contacts with this state as may be required by the 41512
tax commissioner. A seller who does not have nexus in this state 41513
may voluntarily register with the tax commissioner. A seller who 41514
voluntarily registers with the tax commissioner is entitled to the 41515
same benefits and is subject to the same duties and requirements 41516
as a seller required to be registered with the tax commissioner 41517
under this division.41518

       (C)(D) Each seller of tobacco products subject to the tax 41519
levied by this section, on or before the last day of each month, 41520
shall file with the tax commissioner a return for the preceding 41521
month showing any information the tax commissioner finds necessary 41522
for the proper administration of sections 5743.51 to 5743.66 of 41523
the Revised Code, together with remittance of the tax due, payable 41524
to the treasurer of state. The return and payment of the tax 41525
required by this section shall be filed in such a manner that it 41526
is received by the tax commissioner on or before the last day of 41527
the month following the reporting period. If the return is filed 41528
and the amount of the tax shown on the return to be due is paid on 41529
or before the date the return is required to be filed, the seller 41530
is entitled to a discount equal to two and five-tenths per cent of 41531
the amount shown on the return to be due.41532

       (D)(E) The tax commissioner shall immediately forward to the 41533
treasurer of state all money received from the tax levied by this 41534
section, and the treasurer shall credit the amount to the general 41535
revenue fund.41536

       (E)(F) Each seller of tobacco products subject to the tax 41537
levied by this section shall mark on the invoices of tobacco 41538
products sold that the tax levied by that section has been paid 41539
and shall indicate the seller's account number as assigned by the 41540
tax commissioner.41541

       Sec. 5743.63.  (A) To provide revenue for the general revenue 41542
fund of the state, an excise tax is hereby levied on the storage, 41543
use, or other consumption of tobacco products at one of the 41544
following rates:41545

       (1) For tobacco products other than little cigars, seventeen41546
From July 1, 2014, through June 30, 2015, forty-one per cent of 41547
the wholesale price of the tobacco product.41548

       (2) For little cigars, thirty-sevenOn and after July 1, 41549
2015, forty-nine per cent of the wholesale price of the little 41550
cigarstobacco product.41551

       The tax levied under division (A) of this section is imposed 41552
only if the tax has not been paid by the seller as provided in 41553
section 5743.62 of the Revised Code, or by the distributor as 41554
provided in section 5743.51 of the Revised Code.41555

       (B) Except as otherwise provided in this division, the tax 41556
levied under this section on tobacco products described in 41557
division (J)(3) of section 5743.01 of the Revised Code applies to 41558
the entire wholesale price of any such product regardless of 41559
whether the product includes components not containing nicotine. 41560
If the wholesale price of such a product can be readily identified 41561
on an invoice or bill to show the portion of the wholesale price 41562
relating to nicotine-containing products and the portion relating 41563
to products not containing nicotine, the tax applies only to the 41564
cartridges or other components containing nicotine.41565

       (C) Each person subject to the tax levied by this section, on 41566
or before the last day of each month, shall file with the tax 41567
commissioner a return for the preceding month showing any 41568
information the tax commissioner finds necessary for the proper 41569
administration of sections 5743.51 to 5743.66 of the Revised Code, 41570
together with remittance of the tax due, payable to the treasurer 41571
of state. The return and payment of the tax required by this 41572
section shall be filed in such a manner that it is received by the 41573
tax commissioner on or before the last day of the month following 41574
the reporting period.41575

       (C)(D) The tax commissioner shall immediately forward to the 41576
treasurer of state all money received from the tax levied by this 41577
section, and the treasurer shall credit the amount to the general 41578
revenue fund.41579

       Sec. 5743.65.  No person required by division (B)(D) of 41580
section 5743.62 or division (B)(C) of section 5743.63 of the 41581
Revised Code to file a return with the treasurer of statetax 41582
commissioner shall fail to make the return or fail to pay the 41583
applicable taxes levied under section 5743.62 or 5743.63 of the 41584
Revised Code or fail to pay any lawful assessment issued by the 41585
tax commissioner.41586

       Sec. 5747.02.  (A) For the purpose of providing revenue for 41587
the support of schools and local government functions, to provide 41588
relief to property taxpayers, to provide revenue for the general 41589
revenue fund, and to meet the expenses of administering the tax 41590
levied by this chapter, there is hereby levied on every 41591
individual, trust, and estate residing in or earning or receiving 41592
income in this state, on every individual, trust, and estate 41593
earning or receiving lottery winnings, prizes, or awards pursuant 41594
to Chapter 3770. of the Revised Code, on every individual, trust, 41595
and estate earning or receiving winnings on casino gaming, and on 41596
every individual, trust, and estate otherwise having nexus with or 41597
in this state under the Constitution of the United States, an 41598
annual tax measured in the case of individuals by Ohio adjusted 41599
gross income less an exemption for the taxpayer, the taxpayer's 41600
spouse, and each dependent as provided in section 5747.025 of the 41601
Revised Code; measured in the case of trusts by modified Ohio 41602
taxable income under division (D) of this section; and measured in 41603
the case of estates by Ohio taxable income. The tax imposed by 41604
this section on the balance thus obtained is hereby levied as 41605
follows: 41606

       (1) For taxable years beginning in 2004: 41607

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) 41608
OR 41609
MODIFIED OHIO 41610
TAXABLE INCOME (TRUSTS) 41611
OR 41612
OHIO TAXABLE INCOME (ESTATES) TAX 41613

$5,000 or less .743% 41614
More than $5,000 but not more than $10,000 $37.15 plus 1.486% of the amount in excess of $5,000 41615
More than $10,000 but not more than $15,000 $111.45 plus 2.972% of the amount in excess of $10,000 41616
More than $15,000 but not more than $20,000 $260.05 plus 3.715% of the amount in excess of $15,000 41617
More than $20,000 but not more than $40,000 $445.80 plus 4.457% of the amount in excess of $20,000 41618
More than $40,000 but not more than $80,000 $1,337.20 plus 5.201% of the amount in excess of $40,000 41619
More than $80,000 but not more than $100,000 $3,417.60 plus 5.943% of the amount in excess of $80,000 41620
More than $100,000 but not more than $200,000 $4,606.20 plus 6.9% of the amount in excess of $100,000 41621
More than $200,000 $11,506.20 plus 7.5% of the amount in excess of $200,000 41622

       (2) For taxable years beginning in 2005: 41623

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) 41624
OR 41625
MODIFIED OHIO 41626
TAXABLE INCOME (TRUSTS) 41627
OR 41628
OHIO TAXABLE INCOME (ESTATES) TAX 41629

$5,000 or less .712% 41630
More than $5,000 but not more than $10,000 $35.60 plus 1.424% of the amount in excess of $5,000 41631
More than $10,000 but not more than $15,000 $106.80 plus 2.847% of the amount in excess of $10,000 41632
More than $15,000 but not more than $20,000 $249.15 plus 3.559% of the amount in excess of $15,000 41633
More than $20,000 but not more than $40,000 $427.10 plus 4.27% of the amount in excess of $20,000 41634
More than $40,000 but not more than $80,000 $1,281.10 plus 4.983% of the amount in excess of $40,000 41635
More than $80,000 but not more than $100,000 $3,274.30 plus 5.693% of the amount in excess of $80,000 41636
More than $100,000 but not more than $200,000 $4,412.90 plus 6.61% of the amount in excess of $100,000 41637
More than $200,000 $11,022.90 plus 7.185% of the amount in excess of $200,000 41638

       (3) For taxable years beginning in 2006: 41639

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) 41640
OR 41641
MODIFIED OHIO 41642
TAXABLE INCOME (TRUSTS) 41643
OR 41644
OHIO TAXABLE INCOME (ESTATES) TAX 41645

$5,000 or less .681% 41646
More than $5,000 but not more than $10,000 $34.05 plus 1.361% of the amount in excess of $5,000 41647
More than $10,000 but not more than $15,000 $102.10 plus 2.722% of the amount in excess of $10,000 41648
More than $15,000 but not more than $20,000 $238.20 plus 3.403% of the amount in excess of $15,000 41649
More than $20,000 but not more than $40,000 $408.35 plus 4.083% of the amount in excess of $20,000 41650
More than $40,000 but not more than $80,000 $1,224.95 plus 4.764% of the amount in excess of $40,000 41651
More than $80,000 but not more than $100,000 $3,130.55 plus 5.444% of the amount in excess of $80,000 41652
More than $100,000 but not more than $200,000 $4,219.35 plus 6.32% of the amount in excess of $100,000 41653
More than $200,000 $10,539.35 plus 6.87% of the amount in excess of $200,000 41654

       (4) For taxable years beginning in 2007: 41655

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) 41656
OR 41657
MODIFIED OHIO 41658
TAXABLE INCOME (TRUSTS) 41659
OR 41660
OHIO TAXABLE INCOME (ESTATES) TAX 41661

$5,000 or less .649% 41662
More than $5,000 but not more than $10,000 $32.45 plus 1.299% of the amount in excess of $5,000 41663
More than $10,000 but not more than $15,000 $97.40 plus 2.598% of the amount in excess of $10,000 41664
More than $15,000 but not more than $20,000 $227.30 plus 3.247% of the amount in excess of $15,000 41665
More than $20,000 but not more than $40,000 $389.65 plus 3.895% of the amount in excess of $20,000 41666
More than $40,000 but not more than $80,000 $1,168.65 plus 4.546% of the amount in excess of $40,000 41667
More than $80,000 but not more than $100,000 $2,987.05 plus 5.194% of the amount in excess of $80,000 41668
More than $100,000 but not more than $200,000 $4,025.85 plus 6.031% of the amount in excess of $100,000 41669
More than $200,000 $10,056.85 plus 6.555% of the amount in excess of $200,000 41670

       (5) For taxable years beginning in 2008, 2009, or 2010: 41671

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) 41672
OR 41673
MODIFIED OHIO 41674
TAXABLE INCOME (TRUSTS) 41675
OR 41676
OHIO TAXABLE INCOME (ESTATES) TAX 41677

$5,000 or less .618% 41678
More than $5,000 but not more than $10,000 $30.90 plus 1.236% of the amount in excess of $5,000 41679
More than $10,000 but not more than $15,000 $92.70 plus 2.473% of the amount in excess of $10,000 41680
More than $15,000 but not more than $20,000 $216.35 plus 3.091% of the amount in excess of $15,000 41681
More than $20,000 but not more than $40,000 $370.90 plus 3.708% of the amount in excess of $20,000 41682
More than $40,000 but not more than $80,000 $1,112.50 plus 4.327% of the amount in excess of $40,000 41683
More than $80,000 but not more than $100,000 $2,843.30 plus 4.945% of the amount in excess of $80,000 41684
More than $100,000 but not more than $200,000 $3,832.30 plus 5.741% of the amount in excess of $100,000 41685
More than $200,000 $9,573.30 plus 6.24% of the amount in excess of $200,000 41686

       (6) For taxable years beginning in 2011 or 2012: 41687

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) 41688
OR 41689
MODIFIED OHIO 41690
TAXABLE INCOME (TRUSTS) 41691
OR 41692
OHIO TAXABLE INCOME (ESTATES) TAX 41693

$5,000 or less .587% 41694
More than $5,000 but not more than $10,000 $29.35 plus 1.174% of the amount in excess of $5,000 41695
More than $10,000 but not more than $15,000 $88.05 plus 2.348% of the amount in excess of $10,000 41696
More than $15,000 but not more than $20,000 $205.45 plus 2.935% of the amount in excess of $15,000 41697
More than $20,000 but not more than $40,000 $352.20 plus 3.521% of the amount in excess of $20,000 41698
More than $40,000 but not more than $80,000 $1,056.40 plus 4.109% of the amount in excess of $40,000 41699
More than $80,000 but not more than $100,000 $2,700.00 plus 4.695% of the amount in excess of $80,000 41700
More than $100,000 but not more than $200,000 $3,639.00 plus 5.451% of the amount in excess of $100,000 41701
More than $200,000 $9,090.00 plus 5.925% of the amount in excess of $200,000 41702

       (7) For taxable years beginning in 2013:41703

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) 41704
OR 41705
MODIFIED OHIO 41706
TAXABLE INCOME (TRUSTS) 41707
OR 41708
OHIO TAXABLE INCOME (ESTATES) TAX 41709

$5,000 or less .537% 41710
More than $5,000 but not more than $10,000 $26.86 plus 1.074% of the amount in excess of $5,000 41711
More than $10,000 but not more than $15,000 $80.57 plus 2.148% of the amount in excess of $10,000 41712
More than $15,000 but not more than $20,000 $187.99 plus 2.686% of the amount in excess of $15,000 41713
More than $20,000 but not more than $40,000 $322.26 plus 3.222% of the amount in excess of $20,000 41714
More than $40,000 but not more than $80,000 $966.61 plus 3.760% of the amount in excess of $40,000 41715
More than $80,000 but not more than $100,000 $2,470.50 plus 4.296% of the amount in excess of $80,000 41716
More than $100,000 but not more than $200,000 $3,329.68 plus 4.988% of the amount in excess of $100,000 41717
More than $200,000 $8,317.35 plus 5.421% of the amount in excess of $200,000 41718

       (8) For taxable years beginning in 2014:41719

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) 41720
OR 41721
MODIFIED OHIO 41722
TAXABLE INCOME (TRUSTS) 41723
OR 41724
OHIO TAXABLE INCOME (ESTATES) TAX 41725

$5,000 or less .534 .515% 41726
More than $5,000 but not more than $10,000 $26.71 25.75 plus 1.068 1.031% of the amount in excess of $5,000 41727
More than $10,000 but not more than $15,000 $80.13 77.30 plus 2.137 2.062% of the amount in excess of $10,000 41728
More than $15,000 but not more than $20,000 $186.96 180.40 plus 2.671 2.578% of the amount in excess of $15,000 41729
More than $20,000 but not more than $40,000 $320.50 309.30 plus 3.204 3.092% of the amount in excess of $20,000 41730
More than $40,000 but not more than $80,000 $961.32 927.70 plus 3.739 3.608% of the amount in excess of $40,000 41731
More than $80,000 but not more than $100,000 $2,457.00 2,370.90 plus 4.272 4.122% of the amount in excess of $80,000 41732
More than $100,000 but not more than $200,000 $3,311.49 3,195.30 plus 4.960 4.786% of the amount in excess of $100,000 41733
More than $200,000 $8,271.90 7,981.30 plus 5.392 5.203% of the amount in excess of $200,000 41734

       (9) For taxable years beginning in 2015 or thereafter:41735

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) 41736
OR 41737
MODIFIED OHIO 41738
TAXABLE INCOME (TRUSTS) 41739
OR 41740
OHIO TAXABLE INCOME (ESTATES) TAX 41741

$5,000 or less .528 .491% 41742
More than $5,000 but not more than $10,000 $26.41 24.55 plus 1.057 .983% of the amount in excess of $5,000 41743
More than $10,000 but not more than $15,000 $79.24 73.70 plus 2.113 1.965% of the amount in excess of $10,000 41744
More than $15,000 but not more than $20,000 $184.90 171.95 plus 2.642 2.457% of the amount in excess of $15,000 41745
More than $20,000 but not more than $40,000 $316.98 294.80 plus 3.169 2.947% of the amount in excess of $20,000 41746
More than $40,000 but not more than $80,000 $950.76 884.20 plus 3.698 3.439% of the amount in excess of $40,000 41747
More than $80,000 but not more than $100,000 $2,430.00 2,259.80 plus 4.226 3.930% of the amount in excess of $80,000 41748
More than $100,000 but not more than $200,000 $3,275.10 3,045.80 plus 4.906 4.563% of the amount in excess of $100,000 41749
More than $200,000 $8,181.00 7,608.80 plus 5.333 4.960% of the amount in excess of $200,000 41750

       (10) For taxable years beginning in 2016 or thereafter:41751

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) 41752
OR 41753
MODIFIED OHIO 41754
TAXABLE INCOME (TRUSTS) 41755
OR 41756
OHIO TAXABLE INCOME (ESTATES) TAX 41757

$5,000 or less .483% 41758
More than $5,000 but not more than $10,000 $24.15 plus .967% of the amount in excess of $5,000 41759
More than $10,000 but not more than $15,000 $72.50 plus 1.933% of the amount in excess of $10,000 41760
More than $15,000 but not more than $20,000 $169.15 plus 2.417% of the amount in excess of $15,000 41761
More than $20,000 but not more than $40,000 $290.00 plus 2.900% of the amount in excess of $20,000 41762
More than $40,000 but not more than $80,000 $870.00 plus 3.384% of the amount in excess of $40,000 41763
More than $80,000 but not more than $100,000 $2,223.60 plus 3.867% of the amount in excess of $80,000 41764
More than $100,000 but not more than $200,000 $2,997.00 plus 4.489% of the amount in excess of $100,000 41765
More than $200,000 $7,486.00 plus 4.880% of the amount in excess of $200,000 41766

       Except as otherwise provided in this division, in August of 41767
each year, the tax commissioner shall make a new adjustment to the 41768
income amounts prescribed in this division by multiplying the 41769
percentage increase in the gross domestic product deflator 41770
computed that year under section 5747.025 of the Revised Code by 41771
each of the income amounts resulting from the adjustment under 41772
this division in the preceding year, adding the resulting product 41773
to the corresponding income amount resulting from the adjustment 41774
in the preceding year, and rounding the resulting sum to the 41775
nearest multiple of fifty dollars. The tax commissioner also shall 41776
recompute each of the tax dollar amounts to the extent necessary 41777
to reflect the new adjustment of the income amounts. The rates of 41778
taxation shall not be adjusted. 41779

       The adjusted amounts apply to taxable years beginning in the 41780
calendar year in which the adjustments are made and to taxable 41781
years beginning in each ensuing calendar year until a calendar 41782
year in which a new adjustment is made pursuant to this division. 41783
The tax commissioner shall not make a new adjustment in any year 41784
in which the amount resulting from the adjustment would be less 41785
than the amount resulting from the adjustment in the preceding 41786
year. The commissioner shall not make a new adjustment for taxable 41787
years beginning in 2013, 2014, or 2015.41788

       (B) If the director of budget and management makes a 41789
certification to the tax commissioner under division (B) of 41790
section 131.44 of the Revised Code, the amount of tax as 41791
determined under division (A) of this section shall be reduced by 41792
the percentage prescribed in that certification for taxable years 41793
beginning in the calendar year in which that certification is 41794
made. 41795

       (C) The levy of this tax on income does not prevent a 41796
municipal corporation, a joint economic development zone created 41797
under section 715.691, or a joint economic development district 41798
created under section 715.70 or 715.71 or sections 715.72 to 41799
715.81 of the Revised Code from levying a tax on income. 41800

       (D) This division applies only to taxable years of a trust 41801
beginning in 2002 or thereafter. 41802

       (1) The tax imposed by this section on a trust shall be 41803
computed by multiplying the Ohio modified taxable income of the 41804
trust by the rates prescribed by division (A) of this section. 41805

       (2) A resident trust may claim a credit against the tax 41806
computed under division (D) of this section equal to the lesser of 41807
(1) the tax paid to another state or the District of Columbia on 41808
the resident trust's modified nonbusiness income, other than the 41809
portion of the resident trust's nonbusiness income that is 41810
qualifying investment income as defined in section 5747.012 of the 41811
Revised Code, or (2) the effective tax rate, based on modified 41812
Ohio taxable income, multiplied by the resident trust's modified 41813
nonbusiness income other than the portion of the resident trust's 41814
nonbusiness income that is qualifying investment income. The 41815
credit applies before any other applicable credits. 41816

       (3) The credits enumerated in divisions (A)(1) to (13) of 41817
section 5747.98 of the Revised Code do not apply to a trust 41818
subject to division (D) of this section. Any credits enumerated in 41819
other divisions of section 5747.98 of the Revised Code apply to a 41820
trust subject to division (D) of this section. To the extent that 41821
the trust distributes income for the taxable year for which a 41822
credit is available to the trust, the credit shall be shared by 41823
the trust and its beneficiaries. The tax commissioner and the 41824
trust shall be guided by applicable regulations of the United 41825
States treasury regarding the sharing of credits. 41826

       (E) For the purposes of this section, "trust" means any trust 41827
described in Subchapter J of Chapter 1 of the Internal Revenue 41828
Code, excluding trusts that are not irrevocable as defined in 41829
division (I)(3)(b) of section 5747.01 of the Revised Code and that 41830
have no modified Ohio taxable income for the taxable year, 41831
charitable remainder trusts, qualified funeral trusts and preneed 41832
funeral contract trusts established pursuant to sections 4717.31 41833
to 4717.38 of the Revised Code that are not qualified funeral 41834
trusts, endowment and perpetual care trusts, qualified settlement 41835
trusts and funds, designated settlement trusts and funds, and 41836
trusts exempted from taxation under section 501(a) of the Internal 41837
Revenue Code. 41838

       Sec. 5747.025.  (A) Except as otherwise provided in this 41839
divisionFor taxable years beginning in 2014 or 2015, the personal 41840
exemption for the taxpayer and, the taxpayer's spouse, and each 41841
dependent shall be seven hundred fifty dollars each for the 41842
taxable year beginning in 1996, eight hundred fifty dollars each 41843
for the taxable year beginning in 1997, nine hundred fifty dollars 41844
each for the taxable year beginning in 1998, and one thousand 41845
fifty dollars each for the taxable year beginning in 1999 and 41846
taxable years beginning after 1999. Theone of the following 41847
amounts:41848

        (1) Two thousand seven hundred dollars if the taxpayer's Ohio 41849
adjusted gross income for the taxable year as shown on an 41850
individual or joint annual return is less than or equal to forty 41851
thousand dollars;41852

        (2) Two thousand two hundred dollars if the taxpayer's Ohio 41853
adjusted gross income for the taxable year as shown on an 41854
individual or joint annual return is greater than forty thousand 41855
dollars but less than or equal to eighty thousand dollars;41856

        (3) One thousand seven hundred dollars if the taxpayer's Ohio 41857
adjusted gross income for the taxable year as shown on an 41858
individual or joint annual return is greater than eighty thousand 41859
dollars.41860

        (B) For taxable years beginning in 2016 and thereafter, the41861
personal exemption amountamounts prescribed in this division for 41862
taxable years beginning after 1999(A) of this section shall be 41863
adjusted each year in the manner prescribed in division (C) of 41864
this section. In the case of an individual with respect to whom an 41865
exemption under section 5747.02 of the Revised Code is allowable 41866
to another taxpayer for a taxable year beginning in the calendar 41867
year in which the individual's taxable year begins, the exemption 41868
amount applicable to such individual for such individual's taxable 41869
year shall be zero.41870

       (B) The personal exemption for each dependent shall be eight 41871
hundred fifty dollars for the taxable year beginning in 1996, and 41872
one thousand fifty dollars for the taxable year beginning in 1997 41873
and taxable years beginning after 1997. The personal exemption 41874
amount prescribed in this division for taxable years beginning 41875
after 1999 shall be adjusted each year in the manner prescribed in 41876
division (C) of this section.41877

       (C) Except as otherwise provided in this division, in August 41878
of each year, the tax commissioner shall determine the percentage 41879
increase in the gross domestic product deflator determined by the 41880
bureau of economic analysis of the United States department of 41881
commerce from the first day of January of the preceding calendar 41882
year to the last day of December of the preceding year, and make a 41883
new adjustment to the personal exemption amount for taxable years 41884
beginning in the current calendar year by multiplying that amount 41885
by the percentage increase in the gross domestic product deflator 41886
for that period; adding the resulting product to the personal 41887
exemption amount for taxable years beginning in the preceding 41888
calendar year; and rounding the resulting sum upward to the 41889
nearest multiple of fifty dollars. The adjusted amount applies to 41890
taxable years beginning in the calendar year in which the 41891
adjustment is made and to taxable years beginning in each ensuing 41892
calendar year until a calendar year in which a new adjustment is 41893
made pursuant to this division. The commissioner shall not make a 41894
new adjustment in any calendar year in which the amount resulting 41895
from the adjustment would be less than the amount resulting from 41896
the adjustment in the preceding calendar year. The commissioner 41897
shall not make a new adjustment for taxable years beginning in 41898
2013, 2014, or 2015.41899

       Sec. 5747.08.  An annual return with respect to the tax 41900
imposed by section 5747.02 of the Revised Code and each tax 41901
imposed under Chapter 5748. of the Revised Code shall be made by 41902
every taxpayer for any taxable year for which the taxpayer is 41903
liable for the tax imposed by that section or under that chapter, 41904
unless the total credits allowed under divisions (E), (F), and (G) 41905
of section 5747.05 of the Revised Code for the year are equal to 41906
or exceed the tax imposed by section 5747.02 of the Revised Code, 41907
in which case no return shall be required unless the taxpayer is 41908
liable for a tax imposed pursuant to Chapter 5748. of the Revised 41909
Code.41910

       (A) If an individual is deceased, any return or notice 41911
required of that individual under this chapter shall be made and 41912
filed by that decedent's executor, administrator, or other person 41913
charged with the property of that decedent.41914

       (B) If an individual is unable to make a return or notice 41915
required by this chapter, the return or notice required of that 41916
individual shall be made and filed by the individual's duly 41917
authorized agent, guardian, conservator, fiduciary, or other 41918
person charged with the care of the person or property of that 41919
individual.41920

       (C) Returns or notices required of an estate or a trust shall 41921
be made and filed by the fiduciary of the estate or trust.41922

       (D)(1)(a) Except as otherwise provided in division (D)(1)(b) 41923
of this section, any pass-through entity may file a single return 41924
on behalf of one or more of the entity's investors other than an 41925
investor that is a person subject to the tax imposed under section 41926
5733.06 of the Revised Code. The single return shall set forth the 41927
name, address, and social security number or other identifying 41928
number of each of those pass-through entity investors and shall 41929
indicate the distributive share of each of those pass-through 41930
entity investor's income taxable in this state in accordance with 41931
sections 5747.20 to 5747.231 of the Revised Code. Such 41932
pass-through entity investors for whom the pass-through entity 41933
elects to file a single return are not entitled to the exemption 41934
or credit provided for by sections 5747.02 and 5747.022 of the 41935
Revised Code; shall calculate the tax before business credits at 41936
the highest rate of tax set forth in section 5747.02 of the 41937
Revised Code for the taxable year for which the return is filed; 41938
and are entitled to only their distributive share of the business 41939
credits as defined in division (D)(2) of this section. A single 41940
check drawn by the pass-through entity shall accompany the return 41941
in full payment of the tax due, as shown on the single return, for 41942
such investors, other than investors who are persons subject to 41943
the tax imposed under section 5733.06 of the Revised Code.41944

       (b)(i) A pass-through entity shall not include in such a 41945
single return any investor that is a trust to the extent that any 41946
direct or indirect current, future, or contingent beneficiary of 41947
the trust is a person subject to the tax imposed under section 41948
5733.06 of the Revised Code.41949

       (ii) A pass-through entity shall not include in such a single 41950
return any investor that is itself a pass-through entity to the 41951
extent that any direct or indirect investor in the second 41952
pass-through entity is a person subject to the tax imposed under 41953
section 5733.06 of the Revised Code.41954

       (c) Nothing in division (D) of this section precludes the tax 41955
commissioner from requiring such investors to file the return and 41956
make the payment of taxes and related interest, penalty, and 41957
interest penalty required by this section or section 5747.02, 41958
5747.09, or 5747.15 of the Revised Code. Nothing in division (D) 41959
of this section precludes such an investor from filing the annual 41960
return under this section, utilizing the refundable credit equal 41961
to the investor's proportionate share of the tax paid by the 41962
pass-through entity on behalf of the investor under division (J) 41963
of this section, and making the payment of taxes imposed under 41964
section 5747.02 of the Revised Code. Nothing in division (D) of 41965
this section shall be construed to provide to such an investor or 41966
pass-through entity any additional deduction or credit, other than 41967
the credit provided by division (J) of this section, solely on 41968
account of the entity's filing a return in accordance with this 41969
section. Such a pass-through entity also shall make the filing and 41970
payment of estimated taxes on behalf of the pass-through entity 41971
investors other than an investor that is a person subject to the 41972
tax imposed under section 5733.06 of the Revised Code.41973

       (2) For the purposes of this section, "business credits" 41974
means the credits listed in section 5747.98 of the Revised Code 41975
excluding the following credits:41976

       (a) The retirement credit under division (B) of section 41977
5747.055 of the Revised Code;41978

       (b) The senior citizen credit under division (C) of section 41979
5747.05 of the Revised Code;41980

       (c) The lump sum distribution credit under division (D) of 41981
section 5747.05 of the Revised Code;41982

       (d) The dependent care credit under section 5747.054 of the 41983
Revised Code;41984

       (e) The lump sum retirement income credit under division (C) 41985
of section 5747.055 of the Revised Code;41986

       (f) The lump sum retirement income credit under division (D) 41987
of section 5747.055 of the Revised Code;41988

       (g) The lump sum retirement income credit under division (E) 41989
of section 5747.055 of the Revised Code;41990

       (h) The credit for displaced workers who pay for job training 41991
under section 5747.27 of the Revised Code;41992

       (i) The twenty-dollar personal exemption credit under section 41993
5747.022 of the Revised Code;41994

       (j) The joint filing credit under division (G) of section 41995
5747.05 of the Revised Code;41996

       (k) The nonresident credit under division (A) of section 41997
5747.05 of the Revised Code;41998

       (l) The credit for a resident's out-of-state income under 41999
division (B) of section 5747.05 of the Revised Code;42000

       (m) The low-income credit under section 5747.056 of the 42001
Revised Code;42002

       (n) The earned income tax credit under section 5747.71 of the 42003
Revised Code.42004

       (3) The election provided for under division (D) of this 42005
section applies only to the taxable year for which the election is 42006
made by the pass-through entity. Unless the tax commissioner 42007
provides otherwise, this election, once made, is binding and 42008
irrevocable for the taxable year for which the election is made. 42009
Nothing in this division shall be construed to provide for any 42010
deduction or credit that would not be allowable if a nonresident 42011
pass-through entity investor were to file an annual return.42012

       (4) If a pass-through entity makes the election provided for 42013
under division (D) of this section, the pass-through entity shall 42014
be liable for any additional taxes, interest, interest penalty, or 42015
penalties imposed by this chapter if the tax commissioner finds 42016
that the single return does not reflect the correct tax due by the 42017
pass-through entity investors covered by that return. Nothing in 42018
this division shall be construed to limit or alter the liability, 42019
if any, imposed on pass-through entity investors for unpaid or 42020
underpaid taxes, interest, interest penalty, or penalties as a 42021
result of the pass-through entity's making the election provided 42022
for under division (D) of this section. For the purposes of 42023
division (D) of this section, "correct tax due" means the tax that 42024
would have been paid by the pass-through entity had the single 42025
return been filed in a manner reflecting the commissioner's 42026
findings. Nothing in division (D) of this section shall be 42027
construed to make or hold a pass-through entity liable for tax 42028
attributable to a pass-through entity investor's income from a 42029
source other than the pass-through entity electing to file the 42030
single return.42031

       (E) If a husband and wife file a joint federal income tax 42032
return for a taxable year, they shall file a joint return under 42033
this section for that taxable year, and their liabilities are 42034
joint and several, but, if the federal income tax liability of 42035
either spouse is determined on a separate federal income tax 42036
return, they shall file separate returns under this section.42037

       If either spouse is not required to file a federal income tax 42038
return and either or both are required to file a return pursuant 42039
to this chapter, they may elect to file separate or joint returns, 42040
and, pursuant to that election, their liabilities are separate or 42041
joint and several. If a husband and wife file separate returns 42042
pursuant to this chapter, each must claim the taxpayer's own 42043
exemption, but not both, as authorized under section 5747.02 of 42044
the Revised Code on the taxpayer's own return.42045

       (F) Each return or notice required to be filed under this 42046
section shall contain the signature of the taxpayer or the 42047
taxpayer's duly authorized agent and of the person who prepared 42048
the return for the taxpayer, and shall include the taxpayer's 42049
social security number. Each return shall be verified by a 42050
declaration under the penalties of perjury. The tax commissioner 42051
shall prescribe the form that the signature and declaration shall 42052
take.42053

       (G) Each return or notice required to be filed under this 42054
section shall be made and filed as required by section 5747.04 of 42055
the Revised Code, on or before the fifteenth day of April of each 42056
year, on forms that the tax commissioner shall prescribe, together 42057
with remittance made payable to the treasurer of state in the 42058
combined amount of the state and all school district income taxes 42059
shown to be due on the form.42060

       Upon good cause shown, the commissioner may extend the period 42061
for filing any notice or return required to be filed under this 42062
section and may adopt rules relating to extensions. If the 42063
extension results in an extension of time for the payment of any 42064
state or school district income tax liability with respect to 42065
which the return is filed, the taxpayer shall pay at the time the 42066
tax liability is paid an amount of interest computed at the rate 42067
per annum prescribed by section 5703.47 of the Revised Code on 42068
that liability from the time that payment is due without extension 42069
to the time of actual payment. Except as provided in section 42070
5747.132 of the Revised Code, in addition to all other interest 42071
charges and penalties, all taxes imposed under this chapter or 42072
Chapter 5748. of the Revised Code and remaining unpaid after they 42073
become due, except combined amounts due of one dollar or less, 42074
bear interest at the rate per annum prescribed by section 5703.47 42075
of the Revised Code until paid or until the day an assessment is 42076
issued under section 5747.13 of the Revised Code, whichever occurs 42077
first.42078

       If the commissioner considers it necessary in order to ensure 42079
the payment of the tax imposed by section 5747.02 of the Revised 42080
Code or any tax imposed under Chapter 5748. of the Revised Code, 42081
the commissioner may require returns and payments to be made 42082
otherwise than as provided in this section.42083

       To the extent that any provision in this division conflicts 42084
with any provision in section 5747.026 of the Revised Code, the 42085
provision in that section prevails.42086

       (H) If any report, claim, statement, or other document 42087
required to be filed, or any payment required to be made, within a 42088
prescribed period or on or before a prescribed date under this 42089
chapter is delivered after that period or that date by United 42090
States mail to the agency, officer, or office with which the 42091
report, claim, statement, or other document is required to be 42092
filed, or to which the payment is required to be made, the date of 42093
the postmark stamped on the cover in which the report, claim, 42094
statement, or other document, or payment is mailed shall be deemed 42095
to be the date of delivery or the date of payment.42096

       If a payment is required to be made by electronic funds 42097
transfer pursuant to section 5747.072 of the Revised Code, the 42098
payment is considered to be made when the payment is received by 42099
the treasurer of state or credited to an account designated by the 42100
treasurer of state for the receipt of tax payments.42101

       "The date of the postmark" means, in the event there is more 42102
than one date on the cover, the earliest date imprinted on the 42103
cover by the United States postal service.42104

       (I) The amounts withheld by an employer pursuant to section 42105
5747.06 of the Revised Code, a casino operator pursuant to section 42106
5747.063 of the Revised Code, or a lottery sales agent pursuant to 42107
section 5747.064 of the Revised Code shall be allowed to the 42108
recipient of the compensation casino winnings, or lottery prize 42109
award as credits against payment of the appropriate taxes imposed 42110
on the recipient by section 5747.02 and under Chapter 5748. of the 42111
Revised Code.42112

       (J)(I) If a pass-through entity elects to file a single 42113
return under division (D) of this section and if any investor is 42114
required to file the annual return and make the payment of taxes 42115
required by this chapter on account of the investor's other income 42116
that is not included in a single return filed by a pass-through 42117
entity or any other investor elects to file the annual return, the 42118
investor is entitled to a refundable credit equal to the 42119
investor's proportionate share of the tax paid by the pass-through 42120
entity on behalf of the investor. The investor shall claim the 42121
credit for the investor's taxable year in which or with which ends 42122
the taxable year of the pass-through entity. Nothing in this 42123
chapter shall be construed to allow any credit provided in this 42124
chapter to be claimed more than once. For the purpose of computing 42125
any interest, penalty, or interest penalty, the investor shall be 42126
deemed to have paid the refundable credit provided by this 42127
division on the day that the pass-through entity paid the 42128
estimated tax or the tax giving rise to the credit.42129

       (K)(J) The tax commissioner shall ensure that each return 42130
required to be filed under this section includes a box that the 42131
taxpayer may check to authorize a paid tax preparer who prepared 42132
the return to communicate with the department of taxation about 42133
matters pertaining to the return. The return or instructions 42134
accompanying the return shall indicate that by checking the box 42135
the taxpayer authorizes the department of taxation to contact the 42136
preparer concerning questions that arise during the processing of 42137
the return and authorizes the preparer only to provide the 42138
department with information that is missing from the return, to 42139
contact the department for information about the processing of the 42140
return or the status of the taxpayer's refund or payments, and to 42141
respond to notices about mathematical errors, offsets, or return 42142
preparation that the taxpayer has received from the department and 42143
has shown to the preparer.42144

       (L)(K) The tax commissioner shall permit individual taxpayers 42145
to instruct the department of taxation to cause any refund of 42146
overpaid taxes to be deposited directly into a checking account, 42147
savings account, or an individual retirement account or individual 42148
retirement annuity, or preexisting college savings plan or program 42149
account offered by the Ohio tuition trust authority under Chapter 42150
3334. of the Revised Code, as designated by the taxpayer, when the 42151
taxpayer files the annual return required by this section 42152
electronically.42153

       (M)(L) The tax commissioner may adopt rules to administer 42154
this section.42155

       Sec. 5747.71. For taxable years beginning on or after 42156
January 1, 2013, thereThere is hereby allowed a nonrefundable 42157
credit against the tax imposed by section 5747.02 of the Revised 42158
Code for a taxpayer who is an "eligible individual" as defined in 42159
section 32 of the Internal Revenue Code. The credit shall equal 42160
five per cent of the credit allowed on the taxpayer's federal 42161
income tax return pursuant to section 32 of the Internal Revenue 42162
Code for the taxable yearyears beginning in 2013, and fifteen per 42163
cent of the federal credit allowed for taxable years beginning in 42164
or after 2014. If the Ohio adjusted gross income of the taxpayer, 42165
or the taxpayer and the taxpayer's spouse if the taxpayer and the 42166
taxpayer's spouse file a joint return under section 5747.08 of the 42167
Revised Code, less applicable exemptions under section 5747.025 of 42168
the Revised Code, exceeds twenty thousand dollars, the credit 42169
authorized by this section shall not exceed fifty per cent of the 42170
amount of tax otherwise due under section 5747.02 of the Revised 42171
Code after deducting any other nonrefundable credits that precede 42172
the credit allowed under this section in the order prescribed by 42173
section 5747.98 of the Revised Code except for the joint filing 42174
credit authorized under division (G) of section 5747.05 of the 42175
Revised Code. In all other cases, the credit authorized by this 42176
section shall not exceed the amount of tax otherwise due under 42177
section 5747.02 of the Revised Code after deducting any other 42178
nonrefundable credits that precede the credit allowed under this 42179
section in the order prescribed by section 5747.98 of the Revised 42180
Code.42181

       The credit shall be claimed in the order prescribed by 42182
section 5747.98 of the Revised Code.42183

       Sec. 5747.98.  (A) To provide a uniform procedure for 42184
calculating the amount of tax due under section 5747.02 of the 42185
Revised Code, a taxpayer shall claim any credits to which the 42186
taxpayer is entitled in the following order:42187

       (1) The retirement income credit under division (B) of 42188
section 5747.055 of the Revised Code;42189

       (2) The senior citizen credit under division (C) of section 42190
5747.05 of the Revised Code;42191

       (3) The lump sum distribution credit under division (D) of 42192
section 5747.05 of the Revised Code;42193

       (4) The dependent care credit under section 5747.054 of the 42194
Revised Code;42195

       (5) The lump sum retirement income credit under division (C) 42196
of section 5747.055 of the Revised Code;42197

       (6) The lump sum retirement income credit under division (D) 42198
of section 5747.055 of the Revised Code;42199

       (7) The lump sum retirement income credit under division (E) 42200
of section 5747.055 of the Revised Code;42201

       (8) The low-income credit under section 5747.056 of the 42202
Revised Code;42203

       (9) The credit for displaced workers who pay for job training 42204
under section 5747.27 of the Revised Code;42205

       (10) The campaign contribution credit under section 5747.29 42206
of the Revised Code;42207

       (11) The twenty-dollar personal exemption credit under 42208
section 5747.022 of the Revised Code;42209

       (12) The joint filing credit under division (G) of section 42210
5747.05 of the Revised Code;42211

       (13) The nonresident credit under division (A) of section 42212
5747.05 of the Revised Code;42213

       (14) The credit for a resident's out-of-state income under 42214
division (B) of section 5747.05 of the Revised Code;42215

       (15) The earned income credit under section 5747.71 of the 42216
Revised Code;42217

       (16) The credit for employers that reimburse employee child 42218
care expenses under section 5747.36 of the Revised Code;42219

       (17) The credit for adoption of a minor child under section 42220
5747.37 of the Revised Code;42221

       (18) The credit for purchases of lights and reflectors under 42222
section 5747.38 of the Revised Code;42223

       (19) The nonrefundable job retention credit under division 42224
(B) of section 5747.058 of the Revised Code;42225

       (20) The credit for selling alternative fuel under section 42226
5747.77 of the Revised Code;42227

       (21) The second credit for purchases of new manufacturing 42228
machinery and equipment and the credit for using Ohio coal under 42229
section 5747.31 of the Revised Code;42230

       (22) The job training credit under section 5747.39 of the 42231
Revised Code;42232

       (23) The enterprise zone credit under section 5709.66 of the 42233
Revised Code;42234

       (24) The credit for the eligible costs associated with a 42235
voluntary action under section 5747.32 of the Revised Code;42236

       (25) The credit for employers that establish on-site child 42237
day-care centers under section 5747.35 of the Revised Code;42238

       (26) The ethanol plant investment credit under section 42239
5747.75 of the Revised Code;42240

       (27) The credit for purchases of qualifying grape production 42241
property under section 5747.28 of the Revised Code;42242

       (28) The small business investment credit under section 42243
5747.81 of the Revised Code;42244

       (29) The enterprise zone credits under section 5709.65 of the 42245
Revised Code;42246

       (30) The research and development credit under section 42247
5747.331 of the Revised Code;42248

       (31) The credit for rehabilitating a historic building under 42249
section 5747.76 of the Revised Code;42250

       (32) The refundable credit for rehabilitating a historic 42251
building under section 5747.76 of the Revised Code;42252

       (33) The refundable jobs creation credit or job retention 42253
credit under division (A) of section 5747.058 of the Revised Code;42254

       (34) The refundable credit for taxes paid by a qualifying 42255
entity granted under section 5747.059 of the Revised Code;42256

       (35) The refundable credits for taxes paid by a qualifying 42257
pass-through entity granted under division (J)(I) of section 42258
5747.08 of the Revised Code;42259

       (36) The refundable credit under section 5747.80 of the 42260
Revised Code for losses on loans made to the Ohio venture capital 42261
program under sections 150.01 to 150.10 of the Revised Code;42262

       (37) The refundable motion picture production credit under 42263
section 5747.66 of the Revised Code.;42264

        (38) The refundable credit for financial institution taxes 42265
paid by a pass-through entity granted under section 5747.65 of the 42266
Revised Code.42267

       (B) For any credit, except the refundable credits enumerated 42268
in this section and the credit granted under division (I) of 42269
section 5747.08 of the Revised Code, the amount of the credit for 42270
a taxable year shall not exceed the tax due after allowing for any 42271
other credit that precedes it in the order required under this 42272
section. Any excess amount of a particular credit may be carried 42273
forward if authorized under the section creating that credit. 42274
Nothing in this chapter shall be construed to allow a taxpayer to 42275
claim, directly or indirectly, a credit more than once for a 42276
taxable year.42277

       Sec. 5749.01.  As used in this chapter:42278

       (A) "Ton" shall mean two thousand pounds as measured at the 42279
point and time of severance, after the removal of any impurities, 42280
under such rules and regulations as the tax commissioner may 42281
prescribe.42282

       (B) "Taxpayer" means any person required to pay theany tax 42283
levied by Chapter 5749. of the Revised Code.42284

       (C) "Natural resource" means all forms of coal, salt, 42285
limestone, dolomite, sand, gravel, natural gas, and oil.42286

       (D) "OwnerHorizontal well" has the same meaning as in 42287
section 1509.01 of the Revised Code.42288

       (E) "Person" means any individual, firm, partnership, 42289
association, joint stock company, corporation, or estate, or 42290
combination thereof.42291

       (F) "Return" means any report or statement required to be 42292
filed pursuant to Chapter 5749. of the Revised Code used to 42293
determine the tax due.42294

       (G) "Severance" means the extraction or other removal of a 42295
natural resource from the soil or water of this state.42296

       (H) "Severed" means the point at which the natural resource 42297
has been separated from the soil or water in this state.42298

       (I) "Severer" means anyone of the following:42299

       (1) For the purposes of a tax levied under division (A) of 42300
section 5749.02 of the Revised Code, the person who actually 42301
removes the natural resources from the soil or water in this 42302
state.42303

       (2) For the purposes of the tax levied under division (B) of 42304
section 5749.02 of the Revised Code, the person that has the right 42305
to sell the oil or gas severed through use of a horizontal well.42306

       (J) "Oil" means crude petroleum oil and all other 42307
hydrocarbons, regardless of gravity, that are produced in liquid 42308
form by ordinary production methods, including condensate.42309

       (K) "Gas" means all hydrocarbons that are in the gaseous 42310
phase at standard temperature and pressure.42311

       (L) "Condensate" means liquid hydrocarbons that were 42312
originally in the gaseous phase in the reservoir.42313

       (M) "Natural gas liquids" means gas with a British thermal 42314
unit measurement greater than one thousand fifty at the time the 42315
gas is severed.42316

       (N) "British thermal unit" means the measure of heat energy 42317
required to raise the temperature of one pound of water by one 42318
degree fahrenheit at a specified temperature.42319

       (O) "Gross receipts" means one of the following:42320

       (1) The total amount received by a severer, without deduction 42321
for the cost of goods sold or other expenses incurred, from the 42322
first sale of oil or gas severed through use of a horizontal well 42323
from the soil or water of this state made at arm's length, 42324
regardless of where title passes, including the fair market value 42325
of any property and any services received, and any debt 42326
transferred or forgiven as consideration. For the purposes of 42327
division (O)(1) of this section, "amount received" includes 42328
amounts accrued under the accrual method of accounting.42329

       (2) For oil and gas severed through use of a horizontal well 42330
from the soil or water of this state, the first sale of which is 42331
not at arm's length, the product of the average annual spot price 42332
certified by the tax commissioner under division (E) of section 42333
5749.02 of the Revised Code for the preceding year multiplied by 42334
the quantity of such oil and gas, including natural gas liquids, 42335
so sold.42336

       (P) "First sale" means the first point after the production 42337
of oil or gas from a severer's horizontal well at which the 42338
severer transfers ownership of the oil or gas. 42339

       (Q) "Average annual spot price" means the following spot 42340
prices reported for the preceding twelve months or by the United 42341
States energy information administration or, if that source is not 42342
available, by another publicly available source determined by the 42343
tax commissioner:42344

       (1) For oil, the average of each day's closing spot price of 42345
crude oil.42346

       (2) For gas that is not natural gas liquids, the average of 42347
each day's closing spot price of natural gas.42348

       (3) For natural gas liquids, the average of each day's 42349
closing spot price of natural gas plant liquids composite. 42350

       (R) "First day of production" means the day on which oil or 42351
gas is first severed through the use of a horizontal well. "First 42352
day of production" does not include days on which gas is flared 42353
from a horizontal well solely for testing and oil is not produced 42354
when the gas is flared.42355

       (S) "Former section 1509.50 of the Revised Code" means 42356
section 1509.50 of the Revised Code as it existed before its 42357
repeal by H.B. .... of the 130th general assembly.42358

       Sec. 5749.02.  (A) For the purpose of providing revenue to 42359
administer the state's coal mining and reclamation regulatory 42360
program, to administer the state's oil and gas regulatory program,42361
to meet the environmental and resource management needs of this 42362
state, and to reclaim land affected by mining, an excise tax is 42363
hereby levied on the privilege of engaging in the severance of 42364
natural resources from the soil or water of this state. The tax 42365
shall be imposed upon the severer at the rates prescribed by 42366
divisions (A)(1) to (9) of this section:42367

       (1) Ten cents per ton of coal;42368

       (2) Four cents per ton of salt;42369

       (3) Two cents per ton of limestone or dolomite;42370

       (4) Two cents per ton of sand and gravel;42371

       (5) TenTwenty cents per barrel of oil severed from a well 42372
that is not a horizontal well;42373

       (6) Two and one-halfThree cents per thousand cubic feet of 42374
natural gas severed from a well that is not a horizontal well;42375

       (7) One cent per ton of clay, sandstone or conglomerate, 42376
shale, gypsum, or quartzite;42377

       (8) Except as otherwise provided in this division or in rules 42378
adopted by the reclamation forfeiture fund advisory board under 42379
section 1513.182 of the Revised Code, an additional fourteen cents 42380
per ton of coal produced from an area under a coal mining and 42381
reclamation permit issued under Chapter 1513. of the Revised Code 42382
for which the performance security is provided under division 42383
(C)(2) of section 1513.08 of the Revised Code. Beginning July 1, 42384
2007, if at the end of a fiscal biennium the balance of the 42385
reclamation forfeiture fund created in section 1513.18 of the 42386
Revised Code is equal to or greater than ten million dollars, the 42387
rate levied shall be twelve cents per ton. Beginning July 1, 2007, 42388
if at the end of a fiscal biennium the balance of the fund is at 42389
least five million dollars, but less than ten million dollars, the 42390
rate levied shall be fourteen cents per ton. Beginning July 1, 42391
2007, if at the end of a fiscal biennium the balance of the fund 42392
is less than five million dollars, the rate levied shall be 42393
sixteen cents per ton. Beginning July 1, 2009, not later than 42394
thirty days after the close of a fiscal biennium, the chief of the 42395
division of mineral resources management shall certify to the tax 42396
commissioner the amount of the balance of the reclamation 42397
forfeiture fund as of the close of the fiscal biennium. Any 42398
necessary adjustment of the rate levied shall take effect on the 42399
first day of the following January and shall remain in effect 42400
during the calendar biennium that begins on that date.42401

       (9) An additional one and two-tenths cents per ton of coal 42402
mined by surface mining methods.42403

       (B) For the purpose of funding the needs of local governments 42404
in this state and the general revenue fund, there is hereby levied 42405
a tax on the privilege of engaging in the severance of oil and gas 42406
from the soil or water of this state using a horizontal well. The 42407
tax shall be imposed on the gross receipts of a severer from oil 42408
and gas severed from a horizontal well on or after July 1, 2014. 42409
The tax shall be levied at the rate of two and three-fourths per 42410
cent of the severer's gross receipts from that oil and gas.42411

       (C) After the director of budget and management transfers 42412
money from the severance tax receipts fund as required in division 42413
(H) of section 5749.06 of the Revised Code, money remaining in the 42414
severance tax receipts fund, except for money in the fund from the 42415
amounts due under section 1509.50 of the Revised Code, shall be 42416
credited as follows:42417

       (1) Of the moneys in the fund from the tax levied in division 42418
(A)(1) of this section, four and seventy-six-hundredths per cent 42419
shall be credited to the geological mapping fund created in 42420
section 1505.09 of the Revised Code, eighty and 42421
ninety-five-hundredths per cent shall be credited to the coal 42422
mining administration and reclamation reserve fund created in 42423
section 1513.181 of the Revised Code, and fourteen and 42424
twenty-nine-hundredths per cent shall be credited to the 42425
unreclaimed lands fund created in section 1513.30 of the Revised 42426
Code.42427

        (2) The money in the fund from the tax levied in division 42428
(A)(2) of this section shall be credited to the geological mapping 42429
fund.42430

       (3) Of the moneys in the fund from the tax levied in 42431
divisions (A)(3) and (4) of this section, seven and five-tenths 42432
per cent shall be credited to the geological mapping fund, 42433
forty-two and five-tenths per cent shall be credited to the 42434
unreclaimed lands fund, and the remainder shall be credited to the 42435
surface mining fund created in section 1514.06 of the Revised 42436
Code.42437

       (4) Of the moneys in the fund from the tax levied in 42438
divisions (A)(5) and (6) of this section, ninety per cent shall be 42439
credited to the oil and gas well fund created in section 1509.02 42440
of the Revised Code and ten per cent shall be credited to the 42441
geological mapping fund. All of the moneys in the fund from the 42442
tax levied in division (A)(7) of this section shall be credited to 42443
the surface mining fund.42444

       (5) All of the moneys in the fund from the tax levied in 42445
division (A)(8) of this section shall be credited to the 42446
reclamation forfeiture fund.42447

       (6) All of the moneys in the fund from the tax levied in 42448
division (A)(9) of this section shall be credited to the 42449
unreclaimed lands fund.42450

       (7)(a)(i) On the first day of July of each year, or as soon 42451
as practicable thereafter, the director of budget and management 42452
shall certify to the tax commissioner a schedule listing amounts 42453
from the severance tax receipts fund from the tax levied under 42454
division (B) of this section that the director will credit to the 42455
oil and gas well fund and geological mapping fund in each month of 42456
the fiscal year. In determining the amount to be transferred each 42457
month, the director shall account for amounts appropriated for oil 42458
and gas regulation, geological mapping, and plugging idle and 42459
orphaned wells compared to the available balance of the oil and 42460
gas well fund and the geological mapping fund and anticipated 42461
revenue to those funds in that fiscal year from sources other than 42462
the tax levied in division (B) of this section. 42463

       (ii) Not later than the twenty-fifth day of each month, the 42464
director of budget and management shall transfer from the 42465
severance tax receipts fund to the oil and gas well fund and the 42466
geological mapping fund the amount the director certified to be 42467
transferred to that fund for that month according to the certified 42468
schedule in division (C)(7)(a)(i) of this section.42469

       (b) After making each of the June, September, December, and 42470
March transfers from the severance tax receipts fund to the oil 42471
and gas well fund and the geological mapping fund in accordance 42472
with division (C)(7)(a)(ii) of this section, but before the 42473
ensuing first day of July, October, January, and April, 42474
respectively, the director of budget and management shall credit, 42475
transfer, or distribute any money remaining in the severance tax 42476
receipts fund from the tax levied under division (B) of this 42477
section as follows:42478

       (i) Ten per cent to the county severance tax fund, which is 42479
hereby created in the state treasury. On or before the last day of 42480
March, June, September, and December of each year, the director 42481
shall distribute money in the fund to the severance tax fund of 42482
each county in the most recent proportions certified to the 42483
director by the chief of the division of oil and gas resources 42484
management under division (C)(1) of section 1509.11 of the Revised 42485
Code. Interest earned on money in the fund shall be credited to 42486
the fund.42487

       (ii) Five per cent to the severance tax infrastructure fund 42488
created in section 190.03 of the Revised Code.42489

       (iii) Five per cent to the severance tax endowment fund 42490
created in section 190.04 of the Revised Code.42491

       (iv) Eighty per cent to the general revenue fund. 42492

       (C)(D) When, at the close of any fiscal year, the chief finds 42493
that the balance of the reclamation forfeiture fund, plus 42494
estimated transfers to it from the coal mining administration and 42495
reclamation reserve fund under section 1513.181 of the Revised 42496
Code, plus the estimated revenues from the tax levied by division 42497
(A)(8) of this section for the remainder of the calendar year that 42498
includes the close of the fiscal year, are sufficient to complete 42499
the reclamation of all lands for which the performance security 42500
has been provided under division (C)(2) of section 1513.08 of the 42501
Revised Code, the purposes for which the tax under division (A)(8) 42502
of this section is levied shall be deemed accomplished at the end 42503
of that calendar year. The chief, within thirty days after the 42504
close of the fiscal year, shall certify those findings to the tax 42505
commissioner, and the tax levied under division (A)(8) of this 42506
section shall cease to be imposed for the subsequent calendar year 42507
after the last day of that calendar year on coal produced under a 42508
coal mining and reclamation permit issued under Chapter 1513. of 42509
the Revised Code if the permittee has made tax payments under 42510
division (A)(8) of this section during each of the preceding five 42511
full calendar years. Not later than thirty days after the close of 42512
a fiscal year, the chief shall certify to the tax commissioner the 42513
identity of any permittees who accordingly no longer are required 42514
to pay the tax levied under division (A)(8) of this section for 42515
the subsequent calendar year.42516

       (E) On or before the last day of January of each year, the 42517
tax commissioner shall certify and post to the department of 42518
taxation's web site the average annual spot prices for oil, gas 42519
that is not natural gas liquids, and natural gas liquids.42520

       Sec. 5749.03. The following shall be exempt from the tax 42521
imposed by section 5749.02 of the Revised Code and the amount due 42522
under section 1509.50 of the Revised Code:42523

       (A) The severance of natural resources from land or water in 42524
this state owned legally or beneficially by the severer, which 42525
natural resources will beif used on the land or water from which 42526
they are takensevered by the severer as part of the improvement 42527
of or use in the severer's homestead and which have a yearly 42528
cumulative market value of not greater than one thousand dollars 42529
is exempt from the tax imposed by division (A) of section 5749.02 42530
of the Revised Code. When severed natural resources so used exceed 42531
a cumulative market value of one thousand dollars during any year, 42532
the further severance of natural resources shall be subject to the 42533
tax imposed by section 5749.02 of the Revised Codethat division.42534

       (B) The severance of gas from a well that is not a horizontal 42535
well is exempt from the tax imposed by division (A)(6) of section 42536
5749.02 of the Revised Code if the total production of gas from 42537
the well does not exceed one of the following:42538

       (1) Nine hundred ten thousand cubic feet in a quarter for a 42539
severer filing quarterly returns under section 5749.06 of the 42540
Revised Code;42541

       (2) Three million six hundred forty thousand cubic feet in a 42542
year for a severer required by the tax commissioner to file 42543
returns annually under section 5749.06 of the Revised Code.42544

        The exemption authorized under division (B) of this section 42545
shall not be applied for any quarter or other return period in 42546
which the well produces greater than either of those amounts of 42547
gas, as applicable.42548

       Sec. 5749.031. For the purpose of calculating the tax levied 42549
under division (B) of section 5749.02 of the Revised Code, a 42550
severer may deduct up to eight million dollars of the severer's 42551
gross receipts for oil and gas severed from a horizontal well 42552
whose first day of production is on or after July 1, 2014. The 42553
severer shall deduct the amount authorized by this section 42554
according to the following schedule:42555

       (A) Up to one million dollars for each quarter beginning in 42556
the first quarter that includes the horizontal well's first day of 42557
production and for each of the following three quarters.42558

       (B) Up to seven hundred fifty thousand dollars for the fourth 42559
quarter that begins after the quarter that includes the first day 42560
of production and for each of the following three quarters.42561

       (C) Up to two hundred fifty thousand dollars for the eighth 42562
quarter that begins after the quarter that includes the first day 42563
of production and for each of the following three quarters.42564

       Sec. 5749.04.  No severer shall sever or sell a natural 42565
resource in this state without first having obtained a license or42566
permit therefor from the department of natural resources.42567

       Unless the severer has obtained a license or permit from 42568
another department of this state, the license or permit shall be 42569
issued by the tax commissioner upon receipt of a completed 42570
application on a form which he shall prescribe. The license or 42571
permit shall become effective on the date the application is 42572
accepted by the commissioner, who shall notify the applicant in 42573
writing of the acceptance, and shall remain in effect until such 42574
time as the commissioner revokes the license or permit. The tax42575
commissioner may request that the department of natural resources42576
revoke the license or permit if hethe department finds that the 42577
applicantseverer has failed to fully and truthfully complete the 42578
application or has failed to pay the tax required bycomply with42579
Chapter 5749. of the Revised Code.42580

       The fee charged for the license or permit shall be fifty 42581
dollars. The remittance for such fee shall accompany the 42582
application and shall be made payable to the treasurer of state 42583
for deposit in the general revenue fundBefore severing a natural 42584
resource, each severer shall file an application with the 42585
commissioner on a form prescribed by the commissioner to establish 42586
a severance tax account. The application may require the severer 42587
to disclose any information the commissioner considers necessary 42588
to establish that account.42589

       Sec. 5749.06.  (A)(1) Each severer liable for the tax imposed 42590
by section 5749.02 of the Revised Code and each severer or owner 42591
liable for the amounts due under section 1509.50 of the Revised 42592
Code shall make and file returns with the tax commissioner in the 42593
prescribed form and as of the prescribed times, computing and 42594
reflecting therein the tax as required by this chapter and amounts 42595
due under section 1509.50 of the Revised Code.42596

       (2) The returns shall be filed for every calendar quarterly 42597
period, which periods shall end on the thirty-first day of March, 42598
the thirtieth day of June, the thirtieth day of September, and the 42599
thirty-first day of December of each year, as required by this 42600
section, unless a different return period is prescribed for a 42601
taxpayer by the commissioner.42602

       (B)(1) A separate return shall be filed for each calendar 42603
quarterly period, or other period, or any part thereof, during 42604
which the severer holds a licensepermit as provided by section 42605
5749.04 of the Revised Code, or is required to hold the license, 42606
or during which an owner is required to file a returnpermit. The 42607
return shall be filed within forty-five days after the laston or 42608
before the fifteenth day of each such calendarthe second month, 42609
or other period, or any part thereof, for which the return is 42610
requiredfollowing the end of each return period. The tax due is 42611
payable along with the return. All such returns shall contain such 42612
information as the commissioner may require to fairly administer 42613
the tax.42614

       (2) All returns shall be signed by the severer or owner, as 42615
applicable, shall contain the full and complete information 42616
requested, and shall be made under penalty of perjury.42617

       (C) If the commissioner believes that quarterly payments of 42618
tax would result in a delay that might jeopardize the collection 42619
of such tax payments, the commissioner may order that such 42620
payments be made weekly, or more frequently if necessary, such 42621
payments to be made not later than seven days following the close 42622
of the period for which the jeopardy payment is required. Such an 42623
order shall be delivered to the taxpayer personally or by 42624
certified mail and shall remain in effect until the commissioner 42625
notifies the taxpayer to the contrary.42626

       (D) Upon good cause the commissioner may extend for thirty 42627
days the period for filing any notice or return required to be 42628
filed under this section, and may remit all or a part of penalties 42629
that may become due under this chapter.42630

       (E) Any tax and any amount due under section 1509.50 of the 42631
Revised Code not paid by the day the tax or amount is due shall 42632
bear interest computed at the rate per annum prescribed by section 42633
5703.47 of the Revised Code on that amount due from the day that 42634
the amounttax was originally required to be paid to the day of 42635
actual payment or to the day an assessment was issued under 42636
section 5749.07 or 5749.10 of the Revised Code, whichever occurs 42637
first.42638

       (F) A severer or owner, as applicable, that fails to file a 42639
complete return or pay the full amount due under this chapter 42640
within the time prescribed, including any extensions of time 42641
granted by the commissioner, shall be subject to a penalty not to 42642
exceed the greater of fifty dollars or ten per cent of the amount 42643
due for the period. 42644

       (G)(1) A severer or owner, as applicable, shall remit 42645
payments electronically and, if required by the commissioner, file 42646
each return electronically. The commissioner may require that the 42647
severer or owner use the Ohio business gateway, as defined in 42648
section 718.051 of the Revised Code, or another electronic means 42649
to file returns and remit payments electronically.42650

       (2) A severer or owner that is required to remit payments 42651
electronically under this section may apply to the commissioner, 42652
in the manner prescribed by the commissioner, to be excused from 42653
that requirement. The commissioner may excuse a severer or owner42654
from the requirements of division (G) of this section for good 42655
cause.42656

       (3) If a severer or owner that is required to remit payments 42657
or file returns electronically under this section fails to do so, 42658
the commissioner may impose a penalty on the severer or owner not 42659
to exceed the following:42660

       (a) For the first or second payment or return the severer or 42661
owner fails to remit or file electronically, the greater of five 42662
per cent of the amount of the payment that was required to be 42663
remitted or twenty-five dollars;42664

       (b) For every payment or return after the second that the 42665
severer or owner fails to remit or file electronically, the 42666
greater of ten per cent of the amount of the payment that was 42667
required to be remitted or fifty dollars.42668

       (H)(1) All amounts that the commissioner receives under this 42669
section shall be deemed to be revenue from taxes imposed under 42670
this chapter or from the amount due under former section 1509.50 42671
of the Revised Code, as applicable, and shall be deposited in the 42672
severance tax receipts fund, which is hereby created in the state 42673
treasury.42674

       (2) The director of budget and management shall transfer, as 42675
necessary, from the severance tax receipts fund to the tax refund 42676
fund amounts equal to the refunds certified by the commissioner 42677
under section 5749.08 of the Revised Code. Any amount transferred 42678
under division (H)(2) of this section shall be derived from 42679
receipts of the same tax or other amount from which the refund 42680
arose.42681

       (3) After the director of budget and management makes any 42682
transfer required by division (H)(2) of this section, but not 42683
later than the fifteenth day of theeach month following the end 42684
of each calendar quarter, the commissioner shall certify to the 42685
director the total amount remaining in the severance tax receipts 42686
fund organized according to the amount attributable to each 42687
natural resource and according to the amount attributable to a42688
each tax imposed by this chapter and the amounts due under section 42689
1509.50 of the Revised Codeand provide for payment to the funds 42690
specified in division (C) of section 5749.02 of the Revised Code.42691

       (I) Penalties imposed under this section are in addition to 42692
any other penalty imposed under this chapter and shall be 42693
considered as revenue arising from the tax levied under this 42694
chapter or the amount due under former section 1509.50 of the 42695
Revised Code, as applicable. The commissioner may collect any 42696
penalty or interest imposed under this section in the same manner 42697
as provided for the making of an assessment in section 5749.07 of 42698
the Revised Code. The commissioner may abate all or a portion of 42699
such interest or penalties and may adopt rules governing such 42700
abatements.42701

       (J) For the purposes of this section:42702

       (1) "Tax imposed by section 5749.02 of the Revised Code" and 42703
"tax" include amounts due under former section 1509.50 of the 42704
Revised Code.42705

       (2) "Severer" includes an owner, as defined by section 42706
1509.01 of the Revised Code, with regard to amounts due from an 42707
owner under former section 1509.50 of the Revised Code.42708

       Sec. 5749.07.  (A) If any severer required by this chapter to 42709
make and file returns and pay the tax leviedimposed by section 42710
5749.02 of the Revised Code, or any severer or owner liable for 42711
the amounts due under section 1509.50 of the Revised Code, fails 42712
to make such return or pay such tax or amounts, the tax 42713
commissioner may make an assessment against the severer or owner42714
based upon any information in the commissioner's possession.42715

       No assessment shall be made or issued against any severer for 42716
any tax imposed by section 5749.02 of the Revised Code or against 42717
any severer or owner for any amount due under section 1509.50 of 42718
the Revised Code more than four years after the return was due or 42719
was filed, whichever is later. This section does not bar an 42720
assessment against a severer or owner who fails to file a return 42721
as required by this chapter, or who files a fraudulent return.42722

       The commissioner shall give the party assessed written notice 42723
of such assessment in the manner provided in section 5703.37 of 42724
the Revised Code. With the notice, the commissioner shall provide 42725
instructions on how to petition for reassessment and request a 42726
hearing on the petition.42727

       (B) Unless the party assessed files with the commissioner 42728
within sixty days after service of the notice of assessment, 42729
either personally or by certified mail, a written petition for 42730
reassessment signed by the party assessed or that party's 42731
authorized agent having knowledge of the facts, the assessment 42732
becomes final and the amount of the assessment is due and payable 42733
from the party assessed to the treasurer of state. The petition 42734
shall indicate the objections of the party assessed, but 42735
additional objections may be raised in writing if received by the 42736
commissioner prior to the date shown on the final determination. 42737
If the petition has been properly filed, the commissioner shall 42738
proceed under section 5703.60 of the Revised Code.42739

       (C) After an assessment becomes final, if any portion of the 42740
assessment remains unpaid, including accrued interest, a certified 42741
copy of the commissioner's entry making the assessment final may 42742
be filed in the office of the clerk of the court of common pleas 42743
in the county in which the party assessed resides or in which the 42744
party's business is conducted. If the party assessed maintains no 42745
place of business in this state and is not a resident of this 42746
state, the certified copy of the entry may be filed in the office 42747
of the clerk of the court of common pleas of Franklin county.42748

       Immediately upon the filing of such entry, the clerk shall 42749
enter a judgment for the state against the party assessed in the 42750
amount shown on the entry. The judgment may be filed by the clerk 42751
in a loose-leaf book entitled "special judgments for state 42752
severance tax," and shall have the same effect as other judgments. 42753
Execution shall issue upon the judgment upon the request of the 42754
commissioner, and all laws applicable to sales on execution shall 42755
apply to sales made under the judgment.42756

        If the assessment is not paid in its entirety within sixty 42757
days after the day the assessment is issued, the portion of the 42758
assessment consisting of tax due or amounts due under section 42759
1509.50 of the Revised Code shall bear interest at the rate per 42760
annum prescribed by section 5703.47 of the Revised Code from the 42761
day the commissioner issues the assessment until it is paid or 42762
until it is certified to the attorney general for collection under 42763
section 131.02 of the Revised Code, whichever comes first. If the 42764
unpaid portion of the assessment is certified to the attorney 42765
general for collection, the entire unpaid portion of the 42766
assessment shall bear interest at the rate per annum prescribed by 42767
section 5703.47 of the Revised Code from the date of certification 42768
until the date it is paid in its entirety. Interest shall be paid 42769
in the same manner as the tax and may be collected by the issuance 42770
of an assessment under this section.42771

       (D) All money collected by the commissioner under this 42772
section shall be paid to the treasurer of state, and when paid 42773
shall be considered as revenue arising from the tax imposed by 42774
section 5749.02 of the Revised Code and the amount due under 42775
former section 1509.50 of the Revised Code, as applicable.42776

       (E) For the purposes of this section:42777

       (1) "Tax imposed by section 5749.02 of the Revised Code" and 42778
"tax" include amounts due under former section 1509.50 of the 42779
Revised Code.42780

       (2) "Severer" includes an owner, as defined by section 42781
1509.01 of the Revised Code, with regard to amounts due from an 42782
owner under former section 1509.50 of the Revised Code.42783

       Sec. 5749.08.  The tax commissioner shall refund to taxpayers42784
the amount of taxes levied by section 5749.02 of the Revised Code 42785
and amounts due under former section 1509.50 of the Revised Code 42786
that were paid illegally or erroneously or paid on an illegal or 42787
erroneous assessment. Applications for refund shall be filed with 42788
the commissioner, on the form prescribed by the commissioner, 42789
within four years from the date of the illegal or erroneous 42790
payment. On the filing of the application, the commissioner shall 42791
determine the amount of refund to which the applicant is entitled, 42792
plus interest computed in accordance with section 5703.47 of the 42793
Revised Code from the date of the payment of an erroneous or 42794
illegal assessment until the date the refund is paid. If the 42795
amount is not less than that claimed, the commissioner shall 42796
certify the amount to the director of budget and management and 42797
treasurer of state for payment from the tax refund fund created by 42798
section 5703.052 of the Revised Code. If the amount is less than 42799
that claimed, the commissioner shall proceed in accordance with 42800
section 5703.70 of the Revised Code.42801

       Sec. 5749.10.  If the tax commissioner finds that a taxpayer,42802
person liable for tax under this chapter or for any amount due 42803
under former section 1509.50 of the Revised Code is about to 42804
depart from the state, or remove the taxpayer'sperson's property 42805
therefrom, or conceal the taxpayer's personthemselves or their42806
property, or do any other act tending to prejudice or to render 42807
wholly or partly ineffectual proceedings to collect such tax or 42808
other amount due unless such proceedings are brought without 42809
delay, or if the commissioner believes that the collection of the 42810
tax or amount due from any taxpayer will be jeopardized by delay, 42811
the commissioner shall give notice of such findings to such 42812
taxpayerthe person, together with the demand for an immediate 42813
return and immediate payment of such tax or other amount due, with 42814
penalty as provided in section 5749.15 of the Revised Code, 42815
whereupon such tax or other amount due shall become immediately 42816
due and payable. In such cases the commissioner may immediately 42817
file an entry with the clerk of the court of common pleas in the 42818
same manner and with the same effect as provided in section 42819
5749.07 of the Revised Code, provided that if such taxpayerthe 42820
person, within five days from notice of the assessment, furnishes 42821
evidence satisfactory to the commissioner, under the regulations 42822
prescribedrules adopted by the commissioner, that the taxpayer is 42823
not in default in making returns or paying any tax prescribed by 42824
this chapter or amount due under former section 1509.50 of the 42825
Revised Code, or that the taxpayerperson will duly return and 42826
pay, or post bond satisfactory to the commissioner conditioned 42827
upon payment of the tax or other amount finally determined to be 42828
due, then such tax or other amount due shall not be payable prior 42829
to the time and manner otherwise fixed for payment under section 42830
5749.07 of the Revised Code, and the person assessed shall be 42831
restored the rights granted under such section. Upon satisfaction 42832
of the assessment the commissioner shall order the bond cancelled, 42833
securities released, and judgment vacated.42834

       Any assessment issued under this section shall bear interest 42835
as prescribed under section 5749.07 of the Revised Code.42836

       Sec. 5749.12.  Any nonresident of this state who accepts the 42837
privilege extended by the laws of this state to nonresidents 42838
severing natural resources in this state, and any resident of this 42839
state who subsequently becomes a nonresident or conceals the 42840
resident's whereabouts, makes the secretary of state of Ohio the 42841
person's agent for the service of process or notice in any 42842
assessment, action, or proceedings instituted in this state 42843
against such person under this chapter or for purposes of amounts 42844
due under section 1509.50 of the Revised Code.42845

       Such process or notice shall be served as provided under 42846
section 5703.37 of the Revised Code.42847

       Sec. 5749.13.  The tax commissioner may prescribe 42848
requirements as to the keeping of records and other pertinent 42849
documents and the filing of copies of federal income tax returns 42850
and determinations. The commissioner may require any person, by 42851
rule or by notice served on that person, to keep such records as 42852
the commissioner considers necessary to show whether that person 42853
is liable, and the extent of liability, for the tax imposed under 42854
this chapter and the amount due under former section 1509.50 of 42855
the Revised Code. Such records and other documents shall be open 42856
during business hours to the inspection of the commissioner, and 42857
shall be preserved for a period of four years after the date the 42858
return was required to be filed or actually was filed, whichever 42859
is later, unless the commissioner, in writing, consents to their 42860
destruction within that period, or by order requires that they be 42861
kept longer.42862

       Sec. 5749.14.  The tax commissioner shall enforce and 42863
administer this chapter and applicable provisions of section 42864
1509.50 of the Revised Code. In addition to any other powers 42865
conferred upon the commissioner by law, the commissioner may:42866

       (A) Prescribe all forms required to be filed pursuant to this 42867
chapter;42868

       (B) PromulgateAdopt such rules as the commissioner finds 42869
necessary to carry out this chapter and applicable provisions of 42870
section 1509.50 of the Revised Code;42871

       (C) Appoint and employ such personnel as may be necessary to 42872
carry out the duties imposed upon the commissioner by this 42873
chapter.42874

       Sec. 5749.15.  Any person who fails to file a return or pay 42875
the tax as required under this chapter or other amount due under 42876
former section 1509.50 of the Revised Code who is assessed such 42877
taxes or other amount due pursuant to section 5749.07 or 5749.10 42878
of the Revised Code may be liable for a penalty of up to 42879
twenty-five per cent of the amount assessed. The tax commissioner 42880
may adopt rules relating to the imposition and remission of 42881
penalties imposed under this section.42882

       Sec. 5749.17. Except for purposes of enforcing Chapter 1509. 42883
of the Revised Code, anyAny information provided to the 42884
department of natural resources by the department of taxation in 42885
accordance with division (C)(12) of section 5703.21 of the Revised 42886
Code shall not be disclosed publicly by the department of natural 42887
resources. However the department of natural resources may provide 42888
such information to the attorney general for purposes of 42889
enforcement of Chapter 1509. of the Revised Code.42890

       Sec. 5751.03.  (A) Except as provided in division (B) of this 42891
section, the tax levied under this section for each tax period 42892
shall be the product of two and six-tenthsthree mills per dollar 42893
times the remainder of the taxpayer's taxable gross receipts for 42894
the tax period after subtracting the exclusion amount provided for 42895
in division (C) of this section.42896

       (B) Notwithstanding division (C) of this section, the tax on 42897
the first one million dollars in taxable gross receipts each 42898
calendar year shall be calculated as follows:42899

       (1) For taxpayers with annual taxable gross receipts of one 42900
million dollars or less for the calendar year, one hundred fifty 42901
dollars;42902

       (2) For taxpayers with annual taxable gross receipts greater 42903
than one million dollars, but less than or equal to two million 42904
dollars for the calendar year, eight hundred dollars;42905

       (3) For taxpayers with annual taxable gross receipts greater 42906
than two million dollars, but less than or equal to four million 42907
dollars for the calendar year, two thousand one hundred dollars;42908

       (4) For taxpayers with annual taxable gross receipts greater 42909
than four million dollars for the calendar year, two thousand six 42910
hundred dollars. 42911

       The tax imposed under division (B)(1) of this section shall 42912
be paid not later than the tenth day of May of each year along 42913
with the annual tax return. The tax imposed under divisions 42914
(B)(2), (3), and (4) of this section shall be paid not later than 42915
the tenth day of May of each year along with the first quarter tax 42916
return.42917

       (C)(1) Each taxpayer may exclude the first one million 42918
dollars of taxable gross receipts for a calendar year. Calendar 42919
quarter taxpayers shall apply the full exclusion amount to the 42920
first calendar quarter return the taxpayer files that calendar 42921
year and may carry forward and apply any unused exclusion amount 42922
to subsequent calendar quarters within that same calendar year. 42923

       (2) A taxpayer switching from a calendar year tax period to a 42924
calendar quarter tax period may, for the first quarter of the 42925
change, apply the full one-million-dollar exclusion amount to the 42926
first calendar quarter return the taxpayer files that calendar 42927
year. Such taxpayers may carry forward and apply any unused 42928
exclusion amount to subsequent calendar quarters within that same 42929
calendar year. The tax rate shall be based on the rate imposed 42930
that calendar quarter when the taxpayer switches from a calendar 42931
year to a calendar quarter tax period.42932

        (3) A taxpayer shall not exclude more than one million 42933
dollars pursuant to division (C) of this section in a calendar 42934
year.42935

       Sec. 5751.20.  (A) As used in sections 5751.20 to 5751.22 of 42936
the Revised Code:42937

       (1) "School district," "joint vocational school district," 42938
"local taxing unit," "recognized valuation," "fixed-rate levy," 42939
and "fixed-sum levy" have the same meanings as used in section 42940
5727.84 of the Revised Code.42941

       (2) "State education aid" for a school district means the 42942
following:42943

       (a) For fiscal years prior to fiscal year 2010, the sum of 42944
state aid amounts computed for the district under the following 42945
provisions, as they existed for the applicable fiscal year: 42946
division (A) of section 3317.022 of the Revised Code, including 42947
the amounts calculated under former section 3317.029 and section 42948
3317.0217 of the Revised Code; divisions (C)(1), (C)(4), (D), (E), 42949
and (F) of section 3317.022; divisions (B), (C), and (D) of 42950
section 3317.023; divisions (L) and (N) of section 3317.024; 42951
section 3317.0216; and any unit payments for gifted student 42952
services paid under section 3317.05 and former sections 3317.052 42953
and 3317.053 of the Revised Code; except that, for fiscal years 42954
2008 and 2009, the amount computed for the district under Section 42955
269.20.80 of H.B. 119 of the 127th general assembly and as that 42956
section subsequently may be amended shall be substituted for the 42957
amount computed under division (D) of section 3317.022 of the 42958
Revised Code, and the amount computed under Section 269.30.80 of 42959
H.B. 119 of the 127th general assembly and as that section 42960
subsequently may be amended shall be included.42961

       (b) For fiscal years 2010 and 2011, the sum of the amounts 42962
computed under former sections 3306.052, 3306.12, 3306.13, 42963
3306.19, 3306.191, and 3306.192 of the Revised Code;42964

       (c) For fiscal years 2012 and 2013, the sum of the amounts 42965
paid under Sections 267.30.50, 267.30.53, and 267.30.56 of H.B. 42966
153 of the 129th general assembly;42967

       (d) For fiscal year 2014 and each fiscal year thereafter, the 42968
sum of state amounts computed for the district under section 42969
3317.022 of the Revised Code; except that, for fiscal years 2014 42970
and 2015, the amount computed for the district under the section 42971
of this act entitled "TRANSITIONAL AID FOR CITY, LOCAL, AND 42972
EXEMPTED VILLAGE SCHOOL DISTRICTS" shall be included.42973

       (3) "State education aid" for a joint vocational school 42974
district means the following:42975

       (a) For fiscal years prior to fiscal year 2010, the sum of 42976
the state aid computed for the district under division (N) of 42977
section 3317.024 and former section 3317.16 of the Revised Code, 42978
except that, for fiscal years 2008 and 2009, the amount computed 42979
under Section 269.30.80 of H.B. 119 of the 127th general assembly 42980
and as that section subsequently may be amended shall be included.42981

       (b) For fiscal years 2010 and 2011, the amount paid in 42982
accordance with Section 265.30.50 of H.B. 1 of the 128th general 42983
assembly.42984

       (c) For fiscal years 2012 and 2013, the amount paid in 42985
accordance with Section 267.30.60 of H.B. 153 of the 129th general 42986
assembly.42987

       (d) For fiscal year 2014 and each fiscal year thereafter, the 42988
amount computed for the district under section 3317.16 of the 42989
Revised Code; except that, for fiscal years 2014 and 2015, the 42990
amount computed for the district under the section of this act 42991
entitled "TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL DISTRICTS" 42992
shall be included.42993

        (4) "State education aid offset" means the amount determined 42994
for each school district or joint vocational school district under 42995
division (A)(1) of section 5751.21 of the Revised Code.42996

       (5) "Machinery and equipment property tax value loss" means 42997
the amount determined under division (C)(1) of this section.42998

       (6) "Inventory property tax value loss" means the amount 42999
determined under division (C)(2) of this section.43000

       (7) "Furniture and fixtures property tax value loss" means 43001
the amount determined under division (C)(3) of this section.43002

        (8) "Machinery and equipment fixed-rate levy loss" means the 43003
amount determined under division (D)(1) of this section.43004

       (9) "Inventory fixed-rate levy loss" means the amount 43005
determined under division (D)(2) of this section.43006

       (10) "Furniture and fixtures fixed-rate levy loss" means the 43007
amount determined under division (D)(3) of this section.43008

       (11) "Total fixed-rate levy loss" means the sum of the 43009
machinery and equipment fixed-rate levy loss, the inventory 43010
fixed-rate levy loss, the furniture and fixtures fixed-rate levy 43011
loss, and the telephone company fixed-rate levy loss.43012

       (12) "Fixed-sum levy loss" means the amount determined under 43013
division (E) of this section.43014

       (13) "Machinery and equipment" means personal property 43015
subject to the assessment rate specified in division (F) of 43016
section 5711.22 of the Revised Code.43017

       (14) "Inventory" means personal property subject to the 43018
assessment rate specified in division (E) of section 5711.22 of 43019
the Revised Code.43020

       (15) "Furniture and fixtures" means personal property subject 43021
to the assessment rate specified in division (G) of section 43022
5711.22 of the Revised Code.43023

       (16) "Qualifying levies" are levies in effect for tax year 43024
2004 or applicable to tax year 2005 or approved at an election 43025
conducted before September 1, 2005. For the purpose of determining 43026
the rate of a qualifying levy authorized by section 5705.212 or 43027
5705.213 of the Revised Code, the rate shall be the rate that 43028
would be in effect for tax year 2010.43029

       (17) "Telephone property" means tangible personal property of 43030
a telephone, telegraph, or interexchange telecommunications 43031
company subject to an assessment rate specified in section 43032
5727.111 of the Revised Code in tax year 2004.43033

       (18) "Telephone property tax value loss" means the amount 43034
determined under division (C)(4) of this section.43035

       (19) "Telephone property fixed-rate levy loss" means the 43036
amount determined under division (D)(4) of this section.43037

       (20) "Taxes charged and payable" means taxes charged and 43038
payable after the reduction required by section 319.301 of the 43039
Revised Code but before the reductions required by sections 43040
319.302 and 323.152 of the Revised Code.43041

       (21) "Median estate tax collections" means, in the case of a 43042
municipal corporation to which revenue from the taxes levied in 43043
Chapter 5731. of the Revised Code was distributed in each of 43044
calendar years 2006, 2007, 2008, and 2009, the median of those 43045
distributions. In the case of a municipal corporation to which no 43046
distributions were made in one or more of those years, "median 43047
estate tax collections" means zero. 43048

       (22) "Total resources," in the case of a school district, 43049
means the sum of the amounts in divisions (A)(22)(a) to (h) of 43050
this section less any reduction required under division (A)(32) or 43051
(33) of this section.43052

       (a) The state education aid for fiscal year 2010; 43053

       (b) The sum of the payments received by the school district 43054
in fiscal year 2010 for current expense levy losses pursuant to 43055
division (C)(2) of section 5727.85 and divisions (C)(8) and (9) of 43056
section 5751.21 of the Revised Code, excluding the portion of such 43057
payments attributable to levies for joint vocational school 43058
district purposes; 43059

       (c) The sum of fixed-sum levy loss payments received by the 43060
school district in fiscal year 2010 pursuant to division (E)(1) of 43061
section 5727.85 and division (E)(1) of section 5751.21 of the 43062
Revised Code for fixed-sum levies charged and payable for a 43063
purpose other than paying debt charges; 43064

       (d) Fifty per cent of the school district's taxes charged and 43065
payable against all property on the tax list of real and public 43066
utility property for current expense purposes for tax year 2008, 43067
including taxes charged and payable from emergency levies charged 43068
and payable under section 5709.194 of the Revised Code and 43069
excluding taxes levied for joint vocational school district 43070
purposes;43071

       (e) Fifty per cent of the school district's taxes charged and 43072
payable against all property on the tax list of real and public 43073
utility property for current expenses for tax year 2009, including 43074
taxes charged and payable from emergency levies and excluding 43075
taxes levied for joint vocational school district purposes;43076

       (f) The school district's taxes charged and payable against 43077
all property on the general tax list of personal property for 43078
current expenses for tax year 2009, including taxes charged and 43079
payable from emergency levies;43080

       (g) The amount certified for fiscal year 2010 under division 43081
(A)(2) of section 3317.08 of the Revised Code;43082

       (h) Distributions received during calendar year 2009 from 43083
taxes levied under section 718.09 of the Revised Code.43084

       (23) "Total resources," in the case of a joint vocational 43085
school district, means the sum of amounts in divisions (A)(23)(a) 43086
to (g) of this section less any reduction required under division 43087
(A)(32) of this section.43088

       (a) The state education aid for fiscal year 2010; 43089

       (b) The sum of the payments received by the joint vocational 43090
school district in fiscal year 2010 for current expense levy 43091
losses pursuant to division (C)(2) of section 5727.85 and 43092
divisions (C)(8) and (9) of section 5751.21 of the Revised Code; 43093

       (c) Fifty per cent of the joint vocational school district's 43094
taxes charged and payable against all property on the tax list of 43095
real and public utility property for current expense purposes for 43096
tax year 2008;43097

       (d) Fifty per cent of the joint vocational school district's 43098
taxes charged and payable against all property on the tax list of 43099
real and public utility property for current expenses for tax year 43100
2009;43101

       (e) Fifty per cent of a city, local, or exempted village 43102
school district's taxes charged and payable against all property 43103
on the tax list of real and public utility property for current 43104
expenses of the joint vocational school district for tax year 43105
2008;43106

       (f) Fifty per cent of a city, local, or exempted village 43107
school district's taxes charged and payable against all property 43108
on the tax list of real and public utility property for current 43109
expenses of the joint vocational school district for tax year 43110
2009;43111

       (g) The joint vocational school district's taxes charged and 43112
payable against all property on the general tax list of personal 43113
property for current expenses for tax year 2009.43114

       (24) "Total resources," in the case of county mental health 43115
and disability related functions, means the sum of the amounts in 43116
divisions (A)(24)(a) and (b) of this section less any reduction 43117
required under division (A)(32) of this section.43118

       (a) The sum of the payments received by the county for mental 43119
health and developmental disability related functions in calendar 43120
year 2010 under division (A)(1) of section 5727.86 and divisions 43121
(A)(1) and (2) of section 5751.22 of the Revised Code as they 43122
existed at that time;43123

       (b) With respect to taxes levied by the county for mental 43124
health and developmental disability related purposes, the taxes 43125
charged and payable for such purposes against all property on the 43126
tax list of real and public utility property for tax year 2009.43127

       (25) "Total resources," in the case of county senior services 43128
related functions, means the sum of the amounts in divisions 43129
(A)(25)(a) and (b) of this section less any reduction required 43130
under division (A)(32) of this section. 43131

       (a) The sum of the payments received by the county for senior 43132
services related functions in calendar year 2010 under division 43133
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section 43134
5751.22 of the Revised Code as they existed at that time; 43135

       (b) With respect to taxes levied by the county for senior 43136
services related purposes, the taxes charged and payable for such 43137
purposes against all property on the tax list of real and public 43138
utility property for tax year 2009. 43139

       (26) "Total resources," in the case of county children's 43140
services related functions, means the sum of the amounts in 43141
divisions (A)(26)(a) and (b) of this section less any reduction 43142
required under division (A)(32) of this section. 43143

       (a) The sum of the payments received by the county for 43144
children's services related functions in calendar year 2010 under 43145
division (A)(1) of section 5727.86 and divisions (A)(1) and (2) of 43146
section 5751.22 of the Revised Code as they existed at that time; 43147

       (b) With respect to taxes levied by the county for children's 43148
services related purposes, the taxes charged and payable for such 43149
purposes against all property on the tax list of real and public 43150
utility property for tax year 2009. 43151

       (27) "Total resources," in the case of county public health 43152
related functions, means the sum of the amounts in divisions 43153
(A)(27)(a) and (b) of this section less any reduction required 43154
under division (A)(32) of this section. 43155

       (a) The sum of the payments received by the county for public 43156
health related functions in calendar year 2010 under division 43157
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section 43158
5751.22 of the Revised Code as they existed at that time; 43159

       (b) With respect to taxes levied by the county for public 43160
health related purposes, the taxes charged and payable for such 43161
purposes against all property on the tax list of real and public 43162
utility property for tax year 2009. 43163

       (28) "Total resources," in the case of all county functions 43164
not included in divisions (A)(24) to (27) of this section, means 43165
the sum of the amounts in divisions (A)(28)(a) to (d) of this 43166
section less any reduction required under division (A)(32) or (33) 43167
of this section. 43168

       (a) The sum of the payments received by the county for all 43169
other purposes in calendar year 2010 under division (A)(1) of 43170
section 5727.86 and divisions (A)(1) and (2) of section 5751.22 of 43171
the Revised Code as they existed at that time; 43172

       (b) The county's percentage share of county undivided local 43173
government fund allocations as certified to the tax commissioner 43174
for calendar year 2010 by the county auditor under division (J) of 43175
section 5747.51 of the Revised Code or division (F) of section 43176
5747.53 of the Revised Code multiplied by the total amount 43177
actually distributed in calendar year 2010 from the county 43178
undivided local government fund; 43179

       (c) With respect to taxes levied by the county for all other 43180
purposes, the taxes charged and payable for such purposes against 43181
all property on the tax list of real and public utility property 43182
for tax year 2009, excluding taxes charged and payable for the 43183
purpose of paying debt charges; 43184

       (d) The sum of the amounts distributed to the county in 43185
calendar year 2010 for the taxes levied pursuant to sections 43186
5739.021 and 5741.021 of the Revised Code. 43187

       (29) "Total resources," in the case of a municipal 43188
corporation, means the sum of the amounts in divisions (A)(29)(a) 43189
to (g) of this section less any reduction required under division 43190
(A)(32) or (33) of this section. 43191

       (a) The sum of the payments received by the municipal 43192
corporation in calendar year 2010 for current expense levy losses 43193
under division (A)(1) of section 5727.86 and divisions (A)(1) and 43194
(2) of section 5751.22 of the Revised Code as they existed at that 43195
time; 43196

       (b) The municipal corporation's percentage share of county 43197
undivided local government fund allocations as certified to the 43198
tax commissioner for calendar year 2010 by the county auditor 43199
under division (J) of section 5747.51 of the Revised Code or 43200
division (F) of section 5747.53 of the Revised Code multiplied by 43201
the total amount actually distributed in calendar year 2010 from 43202
the county undivided local government fund;43203

       (c) The sum of the amounts distributed to the municipal 43204
corporation in calendar year 2010 pursuant to section 5747.50 of 43205
the Revised Code; 43206

       (d) With respect to taxes levied by the municipal 43207
corporation, the taxes charged and payable against all property on 43208
the tax list of real and public utility property for current 43209
expenses, defined in division (A)(35) of this section, for tax 43210
year 2009; 43211

       (e) The amount of admissions tax collected by the municipal 43212
corporation in calendar year 2008, or if such information has not 43213
yet been reported to the tax commissioner, in the most recent year 43214
before 2008 for which the municipal corporation has reported data 43215
to the commissioner; 43216

       (f) The amount of income taxes collected by the municipal 43217
corporation in calendar year 2008, or if such information has not 43218
yet been reported to the tax commissioner, in the most recent year 43219
before 2008 for which the municipal corporation has reported data 43220
to the commissioner;43221

       (g) The municipal corporation's median estate tax 43222
collections.43223

       (30) "Total resources," in the case of a township, means the 43224
sum of the amounts in divisions (A)(30)(a) to (c) of this section 43225
less any reduction required under division (A)(32) or (33) of this 43226
section. 43227

       (a) The sum of the payments received by the township in 43228
calendar year 2010 pursuant to division (A)(1) of section 5727.86 43229
of the Revised Code and divisions (A)(1) and (2) of section 43230
5751.22 of the Revised Code as they existed at that time, 43231
excluding payments received for debt purposes;43232

       (b) The township's percentage share of county undivided local 43233
government fund allocations as certified to the tax commissioner 43234
for calendar year 2010 by the county auditor under division (J) of 43235
section 5747.51 of the Revised Code or division (F) of section 43236
5747.53 of the Revised Code multiplied by the total amount 43237
actually distributed in calendar year 2010 from the county 43238
undivided local government fund; 43239

       (c) With respect to taxes levied by the township, the taxes 43240
charged and payable against all property on the tax list of real 43241
and public utility property for tax year 2009 excluding taxes 43242
charged and payable for the purpose of paying debt charges.43243

       (31) "Total resources," in the case of a local taxing unit 43244
that is not a county, municipal corporation, or township, means 43245
the sum of the amounts in divisions (A)(31)(a) to (e) of this 43246
section less any reduction required under division (A)(32) of this 43247
section.43248

       (a) The sum of the payments received by the local taxing unit 43249
in calendar year 2010 pursuant to division (A)(1) of section 43250
5727.86 of the Revised Code and divisions (A)(1) and (2) of 43251
section 5751.22 of the Revised Code as they existed at that time;43252

       (b) The local taxing unit's percentage share of county 43253
undivided local government fund allocations as certified to the 43254
tax commissioner for calendar year 2010 by the county auditor 43255
under division (J) of section 5747.51 of the Revised Code or 43256
division (F) of section 5747.53 of the Revised Code multiplied by 43257
the total amount actually distributed in calendar year 2010 from 43258
the county undivided local government fund; 43259

       (c) With respect to taxes levied by the local taxing unit, 43260
the taxes charged and payable against all property on the tax list 43261
of real and public utility property for tax year 2009 excluding 43262
taxes charged and payable for the purpose of paying debt charges;43263

       (d) The amount received from the tax commissioner during 43264
calendar year 2010 for sales or use taxes authorized under 43265
sections 5739.023 and 5741.022 of the Revised Code;43266

       (e) For institutions of higher education receiving tax 43267
revenue from a local levy, as identified in section 3358.02 of the 43268
Revised Code, the final state share of instruction allocation for 43269
fiscal year 2010 as calculated by the board of regents and 43270
reported to the state controlling board.43271

       (32) If a fixed-rate levy that is a qualifying levy is not 43272
charged and payable in any year after tax year 2010, "total 43273
resources" used to compute payments to be made under division 43274
(C)(12) of section 5751.21 or division (A)(1)(b) or (c) of section 43275
5751.22 of the Revised Code in the tax years following the last 43276
year the levy is charged and payable shall be reduced to the 43277
extent that the payments are attributable to the fixed-rate levy 43278
loss of that levy as would be computed under division (C)(2) of 43279
section 5727.85, division (A)(1) of section 5727.85, divisions 43280
(C)(8) and (9) of section 5751.21, or division (A)(1) of section 43281
5751.22 of the Revised Code.43282

       (33) In the case of a county, municipal corporation, school 43283
district, or township with fixed-rate levy losses attributable to 43284
a tax levied under section 5705.23 of the Revised Code, "total 43285
resources" used to compute payments to be made under division 43286
(C)(3) of section 5727.85, division (A)(1)(d) of section 5727.86, 43287
division (C)(12) of section 5751.21, or division (A)(1)(c) of 43288
section 5751.22 of the Revised Code shall be reduced by the 43289
amounts described in divisions (A)(34)(a) to (c) of this section 43290
to the extent that those amounts were included in calculating the 43291
"total resources" of the school district or local taxing unit 43292
under division (A)(22), (28), (29), or (30) of this section.43293

        (34) "Total library resources," in the case of a county, 43294
municipal corporation, school district, or township public library 43295
that receives the proceeds of a tax levied under section 5705.23 43296
of the Revised Code, means the sum of the amounts in divisions 43297
(A)(34)(a) to (c) of this section less any reduction required 43298
under division (A)(32) of this section.43299

        (a) The sum of the payments received by the county, municipal 43300
corporation, school district, or township public library in 43301
calendar year 2010 pursuant to sections 5727.86 and 5751.22 of the 43302
Revised Code, as they existed at that time, for fixed-rate levy 43303
losses attributable to a tax levied under section 5705.23 of the 43304
Revised Code for the benefit of the public library;43305

        (b) The public library's percentage share of county undivided 43306
local government fund allocations as certified to the tax 43307
commissioner for calendar year 2010 by the county auditor under 43308
division (J) of section 5747.51 of the Revised Code or division 43309
(F) of section 5747.53 of the Revised Code multiplied by the total 43310
amount actually distributed in calendar year 2010 from the county 43311
undivided local government fund;43312

        (c) With respect to a tax levied pursuant to section 5705.23 43313
of the Revised Code for the benefit of the public library, the 43314
amount of such tax that is charged and payable against all 43315
property on the tax list of real and public utility property for 43316
tax year 2009 excluding any tax that is charged and payable for 43317
the purpose of paying debt charges.43318

        (35) "Municipal current expense property tax levies" means 43319
all property tax levies of a municipality, except those with the 43320
following levy names: airport resurfacing; bond or any levy name 43321
including the word "bond"; capital improvement or any levy name 43322
including the word "capital"; debt or any levy name including the 43323
word "debt"; equipment or any levy name including the word 43324
"equipment," unless the levy is for combined operating and 43325
equipment; employee termination fund; fire pension or any levy 43326
containing the word "pension," including police pensions; 43327
fireman's fund or any practically similar name; sinking fund; road 43328
improvements or any levy containing the word "road"; fire truck or 43329
apparatus; flood or any levy containing the word "flood"; 43330
conservancy district; county health; note retirement; sewage, or 43331
any levy containing the words "sewage" or "sewer"; park 43332
improvement; parkland acquisition; storm drain; street or any levy 43333
name containing the word "street"; lighting, or any levy name 43334
containing the word "lighting"; and water.43335

       (36) "Current expense TPP allocation" means, in the case of a 43336
school district or joint vocational school district, the sum of 43337
the payments received by the school district in fiscal year 2011 43338
pursuant to divisions (C)(10) and (11) of section 5751.21 of the 43339
Revised Code to the extent paid for current expense levies. In the 43340
case of a municipal corporation, "current expense TPP allocation" 43341
means the sum of the payments received by the municipal 43342
corporation in calendar year 2010 pursuant to divisions (A)(1) and 43343
(2) of section 5751.22 of the Revised Code to the extent paid for 43344
municipal current expense property tax levies as defined in 43345
division (A)(35) of this section, excluding any such payments 43346
received for current expense levy losses attributable to a tax 43347
levied under section 5705.23 of the Revised Code. If a fixed-rate 43348
levy that is a qualifying levy is not charged and payable in any 43349
year after tax year 2010, "current expense TPP allocation" used to 43350
compute payments to be made under division (C)(12) of section 43351
5751.21 or division (A)(1)(b) or (c) of section 5751.22 of the 43352
Revised Code in the tax years following the last year the levy is 43353
charged and payable shall be reduced to the extent that the 43354
payments are attributable to the fixed-rate levy loss of that levy 43355
as would be computed under divisions (C)(10) and (11) of section 43356
5751.21 or division (A)(1) of section 5751.22 of the Revised Code.43357

       (37) "TPP allocation" means the sum of payments received by a 43358
local taxing unit in calendar year 2010 pursuant to divisions 43359
(A)(1) and (2) of section 5751.22 of the Revised Code, excluding 43360
any such payments received for fixed-rate levy losses attributable 43361
to a tax levied under section 5705.23 of the Revised Code. If a 43362
fixed-rate levy that is a qualifying levy is not charged and 43363
payable in any year after tax year 2010, "TPP allocation" used to 43364
compute payments to be made under division (A)(1)(b) or (c) of 43365
section 5751.22 of the Revised Code in the tax years following the 43366
last year the levy is charged and payable shall be reduced to the 43367
extent that the payments are attributable to the fixed-rate levy 43368
loss of that levy as would be computed under division (A)(1) of 43369
that section.43370

       (38) "Total TPP allocation" means, in the case of a school 43371
district or joint vocational school district, the sum of the 43372
amounts received in fiscal year 2011 pursuant to divisions (C)(10) 43373
and (11) and (D) of section 5751.21 of the Revised Code. In the 43374
case of a local taxing unit, "total TPP allocation" means the sum 43375
of payments received by the unit in calendar year 2010 pursuant to 43376
divisions (A)(1), (2), and (3) of section 5751.22 of the Revised 43377
Code. If a fixed-rate levy that is a qualifying levy is not 43378
charged and payable in any year after tax year 2010, "total TPP 43379
allocation" used to compute payments to be made under division 43380
(C)(12) of section 5751.21 or division (A)(1)(b) or (c) of section 43381
5751.22 of the Revised Code in the tax years following the last 43382
year the levy is charged and payable shall be reduced to the 43383
extent that the payments are attributable to the fixed-rate levy 43384
loss of that levy as would be computed under divisions (C)(10) and 43385
(11) of section 5751.21 or division (A)(1) of section 5751.22 of 43386
the Revised Code.43387

       (39) "Non-current expense TPP allocation" means the 43388
difference of total TPP allocation minus the sum of current 43389
expense TPP allocation and the portion of total TPP allocation 43390
constituting reimbursement for debt levies, pursuant to division 43391
(D) of section 5751.21 of the Revised Code in the case of a school 43392
district or joint vocational school district and pursuant to 43393
division (A)(3) of section 5751.22 of the Revised Code in the case 43394
of a municipal corporation. 43395

       (40) "TPP allocation for library purposes" means the sum of 43396
payments received by a county, municipal corporation, school 43397
district, or township public library in calendar year 2010 43398
pursuant to section 5751.22 of the Revised Code for fixed-rate 43399
levy losses attributable to a tax levied under section 5705.23 of 43400
the Revised Code. If a fixed-rate levy authorized under section 43401
5705.23 of the Revised Code that is a qualifying levy is not 43402
charged and payable in any year after tax year 2010, "TPP 43403
allocation for library purposes" used to compute payments to be 43404
made under division (A)(1)(d) of section 5751.22 of the Revised 43405
Code in the tax years following the last year the levy is charged 43406
and payable shall be reduced to the extent that the payments are 43407
attributable to the fixed-rate levy loss of that levy as would be 43408
computed under division (A)(1) of section 5751.22 of the Revised 43409
Code.43410

        (41) "Threshold per cent" means, in the case of a school 43411
district or joint vocational school district, two per cent for 43412
fiscal year 2012 and four per cent for fiscal years 2013 and 43413
thereafter. In the case of a local taxing unit or public library 43414
that receives the proceeds of a tax levied under section 5705.23 43415
of the Revised Code, "threshold per cent" means two per cent for 43416
tax year 2011, four per cent for tax year 2012, and six per cent 43417
for tax years 2013 and thereafter.43418

       (B)(1) The commercial activities tax receipts fund is hereby 43419
created in the state treasury and shall consist of money arising 43420
from the tax imposed under this chapter. Eighty-five 43421
one-hundredths of one per cent of the money credited to that fund 43422
shall be credited to the revenue enhancement fund and shall be 43423
used to defray the costs incurred by the department of taxation in 43424
administering the tax imposed by this chapter and in implementing 43425
tax reform measures. The remainder of the money in the commercial 43426
activities tax receipts fund shall first be credited to the 43427
commercial activity tax motor fuel receipts fund, pursuant to 43428
division (B)(2) of this section, and the remainder shall be 43429
credited in the following percentages each fiscal year to the 43430
general revenue fund, to the school district tangible property tax 43431
replacement fund, which is hereby created in the state treasury 43432
for the purpose of making the payments described in section 43433
5751.21 of the Revised Code, and to the local government tangible 43434
property tax replacement fund, which is hereby created in the 43435
state treasury for the purpose of making the payments described in 43436
section 5751.22 of the Revised Code, in the following percentages:43437

Fiscal year General Revenue Fund School District Tangible Property Tax Replacement Fund Local Government Tangible Property Tax Replacement Fund 43438
2006 67.7% 22.6% 9.7% 43439
2007 0% 70.0% 30.0% 43440
2008 0% 70.0% 30.0% 43441
2009 0% 70.0% 30.0% 43442
2010 0% 70.0% 30.0% 43443
2011 0% 70.0% 30.0% 43444
2012 25.0% 52.5% 22.5% 43445
2013 and thereafter 50.0% 35.0% 15.0% 43446

       (2) Not later than the twentieth day of February, May, 43447
August, and November of each year, the commissioner shall provide 43448
for payment from the commercial activities tax receipts fund to 43449
the commercial activity tax motor fuel receipts fund an amount 43450
that bears the same ratio to the balance in the commercial 43451
activities tax receipts fund that (a) the taxable gross receipts 43452
attributed to motor fuel used for propelling vehicles on public 43453
highways as indicated by returns filed by the tenth day of that 43454
month for a liability that is due and payable on or after July 1, 43455
2013, for a tax period ending before July 1, 2014, bears to (b) 43456
all taxable gross receipts as indicated by those returns for such 43457
liabilities.43458

       (C) Not later than September 15, 2005, the tax commissioner 43459
shall determine for each school district, joint vocational school 43460
district, and local taxing unit its machinery and equipment, 43461
inventory property, furniture and fixtures property, and telephone 43462
property tax value losses, which are the applicable amounts 43463
described in divisions (C)(1), (2), (3), and (4) of this section, 43464
except as provided in division (C)(5) of this section:43465

       (1) Machinery and equipment property tax value loss is the 43466
taxable value of machinery and equipment property as reported by 43467
taxpayers for tax year 2004 multiplied by:43468

       (a) For tax year 2006, thirty-three and eight-tenths per 43469
cent;43470

       (b) For tax year 2007, sixty-one and three-tenths per cent;43471

       (c) For tax year 2008, eighty-three per cent;43472

       (d) For tax year 2009 and thereafter, one hundred per cent.43473

       (2) Inventory property tax value loss is the taxable value of 43474
inventory property as reported by taxpayers for tax year 2004 43475
multiplied by:43476

       (a) For tax year 2006, a fraction, the numerator of which is 43477
five and three-fourths and the denominator of which is 43478
twenty-three;43479

        (b) For tax year 2007, a fraction, the numerator of which is 43480
nine and one-half and the denominator of which is twenty-three;43481

        (c) For tax year 2008, a fraction, the numerator of which is 43482
thirteen and one-fourth and the denominator of which is 43483
twenty-three;43484

        (d) For tax year 2009 and thereafter a fraction, the 43485
numerator of which is seventeen and the denominator of which is 43486
twenty-three.43487

        (3) Furniture and fixtures property tax value loss is the 43488
taxable value of furniture and fixture property as reported by 43489
taxpayers for tax year 2004 multiplied by:43490

        (a) For tax year 2006, twenty-five per cent;43491

        (b) For tax year 2007, fifty per cent;43492

        (c) For tax year 2008, seventy-five per cent;43493

        (d) For tax year 2009 and thereafter, one hundred per cent.43494

       The taxable value of property reported by taxpayers used in 43495
divisions (C)(1), (2), and (3) of this section shall be such 43496
values as determined to be final by the tax commissioner as of 43497
August 31, 2005. Such determinations shall be final except for any 43498
correction of a clerical error that was made prior to August 31, 43499
2005, by the tax commissioner.43500

       (4) Telephone property tax value loss is the taxable value of 43501
telephone property as taxpayers would have reported that property 43502
for tax year 2004 if the assessment rate for all telephone 43503
property for that year were twenty-five per cent, multiplied by:43504

       (a) For tax year 2006, zero per cent;43505

       (b) For tax year 2007, zero per cent;43506

       (c) For tax year 2008, zero per cent;43507

       (d) For tax year 2009, sixty per cent;43508

       (e) For tax year 2010, eighty per cent;43509

       (f) For tax year 2011 and thereafter, one hundred per cent.43510

       (5) Division (C)(5) of this section applies to any school 43511
district, joint vocational school district, or local taxing unit 43512
in a county in which is located a facility currently or formerly 43513
devoted to the enrichment or commercialization of uranium or 43514
uranium products, and for which the total taxable value of 43515
property listed on the general tax list of personal property for 43516
any tax year from tax year 2001 to tax year 2004 was fifty per 43517
cent or less of the taxable value of such property listed on the 43518
general tax list of personal property for the next preceding tax 43519
year.43520

       In computing the fixed-rate levy losses under divisions 43521
(D)(1), (2), and (3) of this section for any school district, 43522
joint vocational school district, or local taxing unit to which 43523
division (C)(5) of this section applies, the taxable value of such 43524
property as listed on the general tax list of personal property 43525
for tax year 2000 shall be substituted for the taxable value of 43526
such property as reported by taxpayers for tax year 2004, in the 43527
taxing district containing the uranium facility, if the taxable 43528
value listed for tax year 2000 is greater than the taxable value 43529
reported by taxpayers for tax year 2004. For the purpose of making 43530
the computations under divisions (D)(1), (2), and (3) of this 43531
section, the tax year 2000 valuation is to be allocated to 43532
machinery and equipment, inventory, and furniture and fixtures 43533
property in the same proportions as the tax year 2004 values. For 43534
the purpose of the calculations in division (A) of section 5751.21 43535
of the Revised Code, the tax year 2004 taxable values shall be 43536
used.43537

       To facilitate the calculations required under division (C) of 43538
this section, the county auditor, upon request from the tax 43539
commissioner, shall provide by August 1, 2005, the values of 43540
machinery and equipment, inventory, and furniture and fixtures for 43541
all single-county personal property taxpayers for tax year 2004.43542

       (D) Not later than September 15, 2005, the tax commissioner 43543
shall determine for each tax year from 2006 through 2009 for each 43544
school district, joint vocational school district, and local 43545
taxing unit its machinery and equipment, inventory, and furniture 43546
and fixtures fixed-rate levy losses, and for each tax year from 43547
2006 through 2011 its telephone property fixed-rate levy loss. 43548
Except as provided in division (F) of this section, such losses 43549
are the applicable amounts described in divisions (D)(1), (2), 43550
(3), and (4) of this section:43551

       (1) The machinery and equipment fixed-rate levy loss is the 43552
machinery and equipment property tax value loss multiplied by the 43553
sum of the tax rates of fixed-rate qualifying levies.43554

       (2) The inventory fixed-rate loss is the inventory property 43555
tax value loss multiplied by the sum of the tax rates of 43556
fixed-rate qualifying levies.43557

        (3) The furniture and fixtures fixed-rate levy loss is the 43558
furniture and fixture property tax value loss multiplied by the 43559
sum of the tax rates of fixed-rate qualifying levies.43560

       (4) The telephone property fixed-rate levy loss is the 43561
telephone property tax value loss multiplied by the sum of the tax 43562
rates of fixed-rate qualifying levies.43563

       (E) Not later than September 15, 2005, the tax commissioner 43564
shall determine for each school district, joint vocational school 43565
district, and local taxing unit its fixed-sum levy loss. The 43566
fixed-sum levy loss is the amount obtained by subtracting the 43567
amount described in division (E)(2) of this section from the 43568
amount described in division (E)(1) of this section:43569

       (1) The sum of the machinery and equipment property tax value 43570
loss, the inventory property tax value loss, and the furniture and 43571
fixtures property tax value loss, and, for 2008 through 2010, the 43572
telephone property tax value loss of the district or unit 43573
multiplied by the sum of the fixed-sum tax rates of qualifying 43574
levies. For 2006 through 2010, this computation shall include all 43575
qualifying levies remaining in effect for the current tax year and 43576
any school district levies charged and payable under section 43577
5705.194 or 5705.213 of the Revised Code that are qualifying 43578
levies not remaining in effect for the current year. For 2011 43579
through 2017 in the case of school district levies charged and 43580
payable under section 5705.194 or 5705.213 of the Revised Code and 43581
for all years after 2010 in the case of other fixed-sum levies, 43582
this computation shall include only qualifying levies remaining in 43583
effect for the current year. For purposes of this computation, a 43584
qualifying school district levy charged and payable under section 43585
5705.194 or 5705.213 of the Revised Code remains in effect in a 43586
year after 2010 only if, for that year, the board of education 43587
levies a school district levy charged and payable under section 43588
5705.194, 5705.199, 5705.213, or 5705.219 of the Revised Code for 43589
an annual sum at least equal to the annual sum levied by the board 43590
in tax year 2004 less the amount of the payment certified under 43591
this division for 2006.43592

       (2) The total taxable value in tax year 2004 less the sum of 43593
the machinery and equipment, inventory, furniture and fixtures, 43594
and telephone property tax value losses in each school district, 43595
joint vocational school district, and local taxing unit multiplied 43596
by one-half of one mill per dollar.43597

       (3) For the calculations in divisions (E)(1) and (2) of this 43598
section, the tax value losses are those that would be calculated 43599
for tax year 2009 under divisions (C)(1), (2), and (3) of this 43600
section and for tax year 2011 under division (C)(4) of this 43601
section.43602

       (4) To facilitate the calculation under divisions (D) and (E) 43603
of this section, not later than September 1, 2005, any school 43604
district, joint vocational school district, or local taxing unit 43605
that has a qualifying levy that was approved at an election 43606
conducted during 2005 before September 1, 2005, shall certify to 43607
the tax commissioner a copy of the county auditor's certificate of 43608
estimated property tax millage for such levy as required under 43609
division (B) of section 5705.03 of the Revised Code, which is the 43610
rate that shall be used in the calculations under such divisions.43611

       If the amount determined under division (E) of this section 43612
for any school district, joint vocational school district, or 43613
local taxing unit is greater than zero, that amount shall equal 43614
the reimbursement to be paid pursuant to division (E) of section 43615
5751.21 or division (A)(3) of section 5751.22 of the Revised Code, 43616
and the one-half of one mill that is subtracted under division 43617
(E)(2) of this section shall be apportioned among all contributing 43618
fixed-sum levies in the proportion that each levy bears to the sum 43619
of all fixed-sum levies within each school district, joint 43620
vocational school district, or local taxing unit.43621

       (F) If a school district levies a tax under section 5705.219 43622
of the Revised Code, the fixed-rate levy loss for qualifying 43623
levies, to the extent repealed under that section, shall equal the 43624
sum of the following amounts in lieu of the amounts computed for 43625
such levies under division (D) of this section:43626

       (1) The sum of the rates of qualifying levies to the extent 43627
so repealed multiplied by the sum of the machinery and equipment, 43628
inventory, and furniture and fixtures tax value losses for 2009 as 43629
determined under that division;43630

       (2) The sum of the rates of qualifying levies to the extent 43631
so repealed multiplied by the telephone property tax value loss 43632
for 2011 as determined under that division.43633

       The fixed-rate levy losses for qualifying levies to the 43634
extent not repealed under section 5705.219 of the Revised Code 43635
shall be as determined under division (D) of this section. The 43636
revised fixed-rate levy losses determined under this division and 43637
division (D) of this section first apply in the year following the 43638
first year the district levies the tax under section 5705.219 of 43639
the Revised Code.43640

       (G) Not later than October 1, 2005, the tax commissioner 43641
shall certify to the department of education for every school 43642
district and joint vocational school district the machinery and 43643
equipment, inventory, furniture and fixtures, and telephone 43644
property tax value losses determined under division (C) of this 43645
section, the machinery and equipment, inventory, furniture and 43646
fixtures, and telephone fixed-rate levy losses determined under 43647
division (D) of this section, and the fixed-sum levy losses 43648
calculated under division (E) of this section. The calculations 43649
under divisions (D) and (E) of this section shall separately 43650
display the levy loss for each levy eligible for reimbursement.43651

       (H) Not later than October 1, 2005, the tax commissioner 43652
shall certify the amount of the fixed-sum levy losses to the 43653
county auditor of each county in which a school district, joint 43654
vocational school district, or local taxing unit with a fixed-sum 43655
levy loss reimbursement has territory.43656

       (I) Not later than the twenty-eighth day of February each 43657
year beginning in 2011 and ending in 2014, the tax commissioner 43658
shall certify to the department of education for each school 43659
district first levying a tax under section 5705.219 of the Revised 43660
Code in the preceding year the revised fixed-rate levy losses 43661
determined under divisions (D) and (F) of this section.43662

       (J)(1) There is hereby created in the state treasury the 43663
commercial activity tax motor fuel receipts fund.43664

       (2)(a) On or before June 15, 2014, the director of the Ohio 43665
public works commission shall certify to the director of budget 43666
and management the amount of debt service paid from the general 43667
revenue fund in fiscal years 2013 and 2014 on bonds issued to 43668
finance or assist in the financing of the cost of local 43669
subdivision public infrastructure capital improvement projects, as 43670
provided for in Sections 2k, 2m, and 2p of Article VIII, Ohio 43671
Constitution, that are attributable to costs for construction, 43672
reconstruction, maintenance, or repair of public highways and 43673
bridges and other statutory highway purposes. That certification 43674
shall allocate the total amount of debt service paid from the 43675
general revenue fund and attributable to those costs in each of 43676
fiscal years 2013 and 2014 according to the applicable section of 43677
the Ohio Constitution under which the bonds were originally 43678
issued. 43679

       (b) On or before June 30, 2014, the director of budget and 43680
management shall determine an amount up to but not exceeding the 43681
amount certified under division (J)(2)(a) of this section and 43682
shall reserve that amount from the cash balance in the commercial 43683
activity tax motor fuel receipts fund for transfer to the general 43684
revenue fund at times and in amounts to be determined by the 43685
director. The director shall transfer the cash balance in the 43686
commercial activity tax motor fuel receipts fund in excess of the 43687
amount so reserved to the highway operating fund on or before June 43688
30, 2014. 43689

       (3)(a) On or before the fifteenth day of June of each fiscal 43690
year beginning with fiscal year 2015, the director of the Ohio 43691
public works commission shall certify to the director of budget 43692
and management the amount of debt service paid from the general 43693
revenue fund in the current fiscal year on bonds issued to finance 43694
or assist in the financing of the cost of local subdivision public 43695
infrastructure capital improvement projects, as provided for in 43696
Sections 2k, 2m, and 2p of Article VIII, Ohio Constitution, that 43697
are attributable to costs for construction, reconstruction, 43698
maintenance, or repair of public highways and bridges and other 43699
statutory highway purposes. That certification shall allocate the 43700
total amount of debt service paid from the general revenue fund 43701
and attributable to those costs in the current fiscal year 43702
according to the applicable section of the Ohio Constitution under 43703
which the bonds were originally issued.43704

        (b) On or before the thirtieth day of June of each fiscal 43705
year beginning with fiscal year 2015, the director of budget and 43706
management shall determine an amount up to but not exceeding the 43707
amount certified under division (J)(3)(a) of this section and 43708
shall reserve that amount from the cash balance in the motor fuel 43709
receiptspetroleum activity tax public highways fund or the 43710
commercial activity tax motor fuel receipts fund for transfer to 43711
the general revenue fund at times and in amounts to be determined 43712
by the director. The director shall transfer the cash balance in 43713
the motor fuel receiptspetroleum activity tax public highways 43714
fund or the commercial activity tax motor fuel receipts fund in 43715
excess of the amount so reserved to the highway operating fund on 43716
or before the thirtieth day of June of the current fiscal year.43717

       Sec. 5902.02.  The duties of the director of veterans 43718
services shall include the following: 43719

       (A) Furnishing the veterans service commissions of all 43720
counties of the state copies of the state laws, rules, and 43721
legislation relating to the operation of the commissions and their 43722
offices; 43723

       (B) Upon application, assisting the general public in 43724
obtaining records of vital statistics pertaining to veterans or 43725
their dependents; 43726

       (C) Adopting rules pursuant to Chapter 119. of the Revised 43727
Code pertaining to minimum qualifications for hiring, certifying, 43728
and accrediting county veterans service officers, pertaining to 43729
their required duties, and pertaining to revocation of the 43730
certification of county veterans service officers; 43731

       (D) Adopting rules pursuant to Chapter 119. of the Revised 43732
Code for the education, training, certification, and duties of 43733
veterans service commissioners and for the revocation of the 43734
certification of a veterans service commissioner; 43735

       (E) Developing and monitoring programs and agreements 43736
enhancing employment and training for veterans in single or 43737
multiple county areas; 43738

       (F) Developing and monitoring programs and agreements to 43739
enable county veterans service commissions to address 43740
homelessness, indigency, and other veteran-related issues 43741
individually or jointly; 43742

       (G) Developing and monitoring programs and agreements to 43743
enable state agencies, individually or jointly, that provide 43744
services to veterans, including the veterans' homes operated under 43745
Chapter 5907. of the Revised Code and the director of job and 43746
family services, to address homelessness, indigency, employment, 43747
and other veteran-related issues; 43748

       (H) Establishing and providing statistical reporting formats 43749
and procedures for county veterans service commissions; 43750

       (I) Publishing electronically a listing of county veterans 43751
service offices and county veterans service commissioners. The 43752
listing shall include the expiration dates of commission members' 43753
terms of office and the organizations they represent; the names, 43754
addresses, and telephone numbers of county veterans service 43755
offices; and the addresses and telephone numbers of the Ohio 43756
offices and headquarters of state and national veterans service 43757
organizations. 43758

       (J) Establishing a veterans advisory committee to advise and 43759
assist the department of veterans services in its duties. Members 43760
shall include a member of the national guard association of the 43761
United States who is a resident of this state, a member of the 43762
military officers association of America who is a resident of this 43763
state, a state representative of congressionally chartered 43764
veterans organizations referred to in section 5901.02 of the 43765
Revised Code, a representative of any other congressionally 43766
chartered state veterans organization that has at least one 43767
veterans service commissioner in the state, three representatives 43768
of the Ohio state association of county veterans service 43769
commissioners, who shall have a combined vote of one, three 43770
representatives of the state association of county veterans 43771
service officers, who shall have a combined vote of one, one 43772
representative of the county commissioners association of Ohio, 43773
who shall be a county commissioner not from the same county as any 43774
of the other county representatives, a representative of the 43775
advisory committee on women veterans, a representative of a labor 43776
organization, and a representative of the office of the attorney 43777
general. The department of veterans services shall submit to the 43778
advisory committee proposed rules for the committee's operation. 43779
The committee may review and revise these proposed rules prior to 43780
submitting them to the joint committee on agency rule review. 43781

       (K) Adopting, with the advice and assistance of the veterans 43782
advisory committee, policy and procedural guidelines that the 43783
veterans service commissions shall adhere to in the development 43784
and implementation of rules, policies, procedures, and guidelines 43785
for the administration of Chapter 5901. of the Revised Code. The 43786
department of veterans services shall adopt no guidelines or rules 43787
regulating the purposes, scope, duration, or amounts of financial 43788
assistance provided to applicants pursuant to sections 5901.01 to 43789
5901.15 of the Revised Code. The director of veterans services may 43790
obtain opinions from the office of the attorney general regarding 43791
rules, policies, procedures, and guidelines of the veterans 43792
service commissions and may enforce compliance with Chapter 5901. 43793
of the Revised Code. 43794

       (L) Receiving copies of form DD214 filed in accordance with 43795
the director's guidelines adopted under division (L) of this 43796
section from members of veterans service commissions appointed 43797
under section 5901.02 and from county veterans service officers 43798
employed under section 5901.07 of the Revised Code; 43799

       (M) Developing and maintaining and improving a resource, such 43800
as a telephone answering point or a web site, by means of which 43801
veterans and their dependents, through a single portal, can access 43802
multiple sources of information and interaction with regard to the 43803
rights of, and the benefits available to, veterans and their 43804
dependents. The director of veterans services may enter into 43805
agreements with state and federal agencies, with agencies of 43806
political subdivisions, with state and local instrumentalities, 43807
and with private entities as necessary to make the resource as 43808
complete as is possible. 43809

       (N) Planning, organizing, advertising, and conducting 43810
outreach efforts, such as conferences and fairs, at which veterans 43811
and their dependents may meet, learn about the organization and 43812
operation of the department of veterans services and of veterans 43813
service commissions, and obtain information about the rights of, 43814
and the benefits and services available to, veterans and their 43815
dependents; 43816

       (O) Advertising, in print, on radio and television, and 43817
otherwise, the rights of, and the benefits and services available 43818
to, veterans and their dependents; 43819

       (P) Developing and advocating improved benefits and services 43820
for, and improved delivery of benefits and services to, veterans 43821
and their dependents; 43822

       (Q) Searching for, identifying, and reviewing statutory and 43823
administrative policies that relate to veterans and their 43824
dependents and reporting to the general assembly statutory and 43825
administrative policies that should be consolidated in whole or in 43826
part within the organization of the department of veterans 43827
services to unify funding, delivery, and accounting of statutory 43828
and administrative policy expressions that relate particularly to 43829
veterans and their dependents; 43830

       (R) Encouraging veterans service commissions to innovate and 43831
otherwise to improve efficiency in delivering benefits and 43832
services to veterans and their dependents and to report successful 43833
innovations and efficiencies to the director of veterans services; 43834

       (S) Publishing and encouraging adoption of successful 43835
innovations and efficiencies veterans service commissions have 43836
achieved in delivering benefits and services to veterans and their 43837
dependents; 43838

       (T) Establishing advisory committees, in addition to the 43839
veterans advisory committee established under division (K) of this 43840
section, on veterans issues;43841

       (U) Developing and maintaining a relationship with the United 43842
States department of veterans affairs, seeking optimal federal 43843
benefits and services for Ohio veterans and their dependents, and 43844
encouraging veterans service commissions to maximize the federal 43845
benefits and services to which veterans and their dependents are 43846
entitled; 43847

       (V) Developing and maintaining relationships with the several 43848
veterans organizations, encouraging the organizations in their 43849
efforts at assisting veterans and their dependents, and advocating 43850
for adequate state subsidization of the organizations; 43851

       (W) Requiring the several veterans organizations that receive 43852
funding from the state annually, not later than the thirtieth day 43853
of July, to report to the director of veterans services and 43854
prescribing the form and content of the report;43855

       (X) Reviewing the reports submitted to the director under 43856
division (W) of this section within thirty days of receipt and 43857
informing the veterans organization of any deficiencies that exist 43858
in the organization's report and that funding will not be released 43859
until the deficiencies have been corrected and a satisfactory 43860
report submitted;43861

        (Y) Advising the director of budget and management when a 43862
report submitted to the director under division (W) of this 43863
section has been reviewed and determined to be satisfactory;43864

        (Z) Furnishing copies of all reports that the director of 43865
veterans services has determined have been submitted 43866
satisfactorily under division (W) of this section to the 43867
chairperson of the finance committees of the general assembly;43868

       (AA) Investigating complaints against county veterans 43869
services commissioners and county veterans service officers if the 43870
director reasonably believes the investigation to be appropriate 43871
and necessary;43872

       (BB) Developing and maintaining a web site that is accessible 43873
by veterans and their dependents and provides a link to the web 43874
site of each state agency that issues a license, certificate, or 43875
other authorization permitting an individual to engage in an 43876
occupation or occupational activity;43877

       (CC) Encouraging state agencies to conduct outreach efforts 43878
through which veterans and their dependents can learn about 43879
available job and education benefits;43880

       (DD) Informing state agencies about changes in statutes and 43881
rules that affect veterans and their dependents;43882

       (EE) Assisting licensing agencies in adopting rules under 43883
section 5903.03 of the Revised Code;43884

       (FF) Taking any other actions required by this chapter.43885

       Sec. 5903.01. As used in this chapter:43886

       "Armed forces" means the armed forces of the United States, 43887
including the army, navy, air force, marine corps, coast guard, or 43888
any reserve components of those forces; the national guard of any 43889
state; the commissioned corps of the United States public health 43890
service; the merchant marine service during wartime; such other 43891
service as may be designated by congress; or the Ohio organized 43892
militia when engaged in full-time national guard duty for a period 43893
of more than thirty days.43894

       "License" means a license, certificate, permit, or other 43895
authorization issued or conferred by a licensing agency under 43896
which a licensee may engage in a profession, occupation, or 43897
occupational activity.43898

       "Licensee" means a person to whom all of the following apply:43899

       (A) The person has been issued a license by a licensing 43900
agency.43901

       (B) The person has been a member of the armed forces.43902

       (C) The person has served on active duty, whether inside or 43903
outside the United States, for a period in excess of thirty-one 43904
days.43905

       "Licensing agency" means any state department, division, 43906
board, commission, agency, or other state governmental unit 43907
authorized by the Revised Code to issue a license.43908

       "Member" means any person who is serving in the armed forces.43909

       "Merchant marine" includes the United States army transport 43910
service and the United States naval transport service.43911

       "Veteran" means any person who has completed service in the 43912
armed forces, including the national guard of any state, or a 43913
reserve component of the armed forces, who has been discharged 43914
under honorable conditions from the armed forces or who has been 43915
transferred to the reserve with evidence of satisfactory service.43916

       Sec. 5903.03.  (A) As used in this section:43917

       (1) "License" and "licensing agency" have the meanings 43918
defined in section 5903.12 of the Revised Code.43919

       (2) "Military, "military program of training" means a 43920
training program of the armed forces of the United States or a 43921
reserve component of the armed forces of the United States, 43922
including the Ohio national guard or the national guard of any 43923
other state.43924

       (B) Notwithstanding any provision of the Revised Code to the 43925
contrary, a licensing agency shall consider an applicant for a 43926
license:43927

       (1) To have met the educational requirement for that license 43928
if the applicant has completed a military program of training and 43929
has been awarded a military primary specialty at a level that is 43930
substantially equivalent to or exceeds the educational requirement 43931
for that license; and43932

       (2) To have met the experience requirement for that license 43933
if the applicant has served in that military primary specialty 43934
under honorable conditions for a period of time that is 43935
substantially equivalent to or exceeds the experience requirement 43936
for that license.43937

       (C) Each licensing agency, not later than June 30, 2014, 43938
shall adopt rules under Chapter 119. of the Revised Code regarding 43939
which military programs of training, military primary specialties, 43940
and lengths of service are substantially equivalent to or exceed 43941
the educational and experience requirements for each license that 43942
agency issues.43943

       Sec. 5903.04.  Each licensing agency shall adopt rules under 43944
Chapter 119. of the Revised Code to establish and implement all of 43945
the following:43946

       (A) A process to obtain from each applicant documentation and 43947
additional information necessary to determine if the applicant is 43948
a member or veteran, or the spouse or surviving spouse of a member 43949
or veteran;43950

       (B) A process to record, track, and monitor applications that 43951
have been received from a member, veteran, or the spouse or 43952
surviving spouse of a member or veteran; and43953

       (C) A process to prioritize and expedite certification or 43954
licensing for each applicant who is a member, veteran, or the 43955
spouse or a surviving spouse of a member or veteran.43956

       In establishing these processes, the licensing agency shall 43957
include any special accommodations that may be appropriate for 43958
applicants facing imminent deployment.43959

       Sec. 5903.05. A licensing agency shall apply for approval to 43960
the state approving agency at the Ohio department of veterans 43961
services as required under 38 U.S.C. 3672(a) to enable an eligible 43962
person or veteran to receive education benefits through the United 43963
States department of veterans affairs.43964

       Sec. 5903.10.  (A) A holder of an expired license or 43965
certificate from this state or any political subdivision or agency 43966
of the state to practice a trade or profession shall be granted a 43967
renewal of the license or certificate by the issuing board or 43968
authority at the usual cost without penalty and without 43969
re-examination if not otherwise disqualified because of mental or 43970
physical disability and if either of the following applies:43971

       (1) The license or certificate was not renewed because of the 43972
holder's service in the armed forces of the United States or a 43973
reserve component of the armed forces of the United States, 43974
including the Ohio national guard or the national guard of any 43975
other state.43976

       (2) The license or certificate was not renewed because the 43977
holder's spouse served in the armed forces of the United States or 43978
a reserve component of the armed forces of the United States, 43979
including the Ohio national guard or the national guard of any 43980
other state, and the service resulted in the holder's absence from 43981
this state. 43982

       (B) A renewal shall not be granted under division (A) of this 43983
section unless the holder or the holder's spouse, whichever is 43984
applicable, has presented satisfactory evidence of the service 43985
member's discharge under honorable conditions or release under 43986
honorable conditions from active duty or national guard duty 43987
within six months after the discharge or release.43988

       Sec. 5903.11.  (A) Any federally funded employment and 43989
training program administered by any state agency including, but 43990
not limited to, the "Workforce Investment Act of 1998," 112 Stat. 43991
936, codified in scattered sections of 29 U.S.C., as amended, 43992
shall include a veteran priority system to provide maximum 43993
employment and training opportunities to veterans and eligible 43994
persons within each targeted group as established by federal law 43995
and state and federal policy in the service area. Disabled 43996
veterans, veterans of the Vietnam era, other veterans, and 43997
eligible persons shall receive preference over nonveterans within 43998
each targeted group in the provision of employment and training 43999
services available through these programs as required by this 44000
section.44001

       (B) Each state agency shall refer qualified applicants to job 44002
openings and training opportunities in programs described in 44003
division (A) of this section in the following order of priority:44004

       (1) Special disabled veterans;44005

       (2) Veterans of the Vietnam era;44006

       (3) Disabled veterans;44007

       (4) All other veterans;44008

       (5) Other eligible persons;44009

       (6) Nonveterans.44010

       (C) Each state agency providing employment and training 44011
services to veterans and eligible persons under programs described 44012
in division (A) of this section shall submit an annual written 44013
report to the speaker of the house of representatives and the 44014
president of the senate on the services that it provides to 44015
veterans and eligible persons. Each such agency shall report 44016
separately on all entitlement programs, employment or training 44017
programs, and any other programs that it provides to each class of 44018
persons described in divisions (B)(1) to (6) of this section. Each 44019
such agency shall also report on action taken to ensure compliance 44020
with statutory requirements. Compliance and reporting procedures 44021
shall be in accordance with the reporting procedures then in 44022
effect for all employment and training programs described in 44023
division (A) of this section, with the addition of veterans as a 44024
separate reporting module.44025

       (D) All state agencies that administer federally funded 44026
employment and training programs described in division (A) of this 44027
section for veterans and eligible persons shall do all of the 44028
following:44029

       (1) Ensure that veterans are treated with courtesy and 44030
respect at all state governmental facilities;44031

       (2) Give priority in referral to jobs to qualified veterans 44032
and other eligible persons;44033

       (3) Give priority in referral to and enrollment in training 44034
programs to qualified veterans and other eligible persons;44035

       (4) Give preferential treatment to special disabled veterans 44036
in the provision of all needed state services;44037

       (5) Provide information and effective referral assistance to 44038
veterans and other eligible persons regarding needed benefits and 44039
services that may be obtained through other agencies.44040

       (E) As used in this section:44041

       (1) "Special disabled veteran" means a veteran who is 44042
entitled to, or who but for the receipt of military pay would be 44043
entitled to, compensation under any law administered by the 44044
department of veterans affairs for a disability rated at thirty 44045
per cent or more or a person who was discharged or released from 44046
active duty because of a service-connected disability.44047

       (2) "Veteran of the Vietnam era" means an eligible veteran 44048
who served on active duty for a period of more than one hundred 44049
eighty days, any part of which occurred from August 5, 1964, 44050
through May 7, 1975, and was discharged or released therefrom with 44051
other than a dishonorable discharge or a person who was discharged 44052
or released from active duty for a service-connected disability if 44053
any part of the active duty was performed from August 5, 1964, 44054
through May 7, 1975.44055

       (3) "Disabled veteran" means a veteran who is entitled to, or 44056
who but for the receipt of military retirement pay would be 44057
entitled to compensation, under any law administered by the 44058
department of veterans affairs and who is not a special disabled 44059
veteran.44060

       (4) "Eligible veteran" means a person who served on active 44061
duty for more than one hundred eighty days and was discharged or 44062
released from active duty with other than a dishonorable discharge 44063
or a person who was discharged or released from active duty 44064
because of a service-connected disability.44065

       (5) "Other eligible person" means one of the following:44066

       (a) The spouse of any person who died of a service-connected 44067
disability;44068

       (b) The spouse of any member of the armed forces serving on 44069
active duty who at the time of the spouse's application for 44070
assistance under any program described in division (A) of this 44071
section is listed pursuant to the "Act of September 6, 1966," 80 44072
Stat. 629, 37 U.S.C.A. 556, and the regulations issued pursuant 44073
thereto, as having been in one or more of the following categories 44074
for a total of ninety or more days:44075

       (i) Missing in action;44076

       (ii) Captured in line of duty by a hostile force;44077

       (iii) Forcibly detained or interned in line of duty by a 44078
foreign government or power.44079

       (c) The spouse of any person who has a total disability 44080
permanent in nature resulting from a service-connected disability 44081
or the spouse of a veteran who died while such a disability was in 44082
existence.44083

       (6) "Veteran" means either of the following:44084

       (a) Any persona veteran as defined in section 5903.01 of the 44085
Revised Code who was a member of the armed forces of the United 44086
States for a period of one hundred eighty days or more or; a 44087
person who was discharged or released from active duty because of 44088
a service-connected disability;44089

       (b) Aor a person who served as a member of the United States 44090
merchant marine and to whom either of the following applies:44091

       (i)(a) The person has an honorable report of separation from 44092
active duty military service, form DD214 or DD215.; or44093

       (ii)(b) The person served in the United States merchant 44094
marine between December 7, 1941, and December 31, 1946, and died 44095
on active duty while serving in a war zone during that period of 44096
service.44097

       (7) "Armed forces of the United States" means the army, air 44098
force, navy, marine corps, coast guard, and any other military 44099
service branch that is designated by congress as a part of the 44100
armed forces of the United States.44101

       (8) "Employment program" means a program which provides 44102
referral of individuals to employer job openings in the federal, 44103
state, or private sector.44104

       (9)(8) "Training program" means any program that upgrades the 44105
employability of qualified applicants.44106

       (10)(9) "Entitlement program" means any program that enlists 44107
specific criteria in determining eligibility, including but not 44108
limited to the existence in special segments of the general 44109
population of specific financial needs.44110

       (11)(10) "Targeted group" means a group of persons designated 44111
by federal law or regulations or by state law to receive special 44112
assistance under an employment and training program described in 44113
division (A) of this section.44114

       (12) "United States merchant marine" includes the United 44115
States army transport service and the United States naval 44116
transport service.44117

       Sec. 5903.12.  (A) As used in this section:44118

       (1) "Continuing education" means continuing education 44119
required of a licensee by law and includes, but is not limited to, 44120
the continuing education required of licensees under sections 44121
3737.881, 3781.10, 4701.11, 4715.141, 4715.25, 4717.09, 4723.24, 44122
4725.16, 4725.51, 4730.14, 4730.49, 4731.281, 4734.25, 4735.141, 44123
4736.11, 4741.16, 4741.19, 4751.07, 4755.63, 4757.33, 4759.06, 44124
4761.06, and 4763.07 of the Revised Code.44125

       (2) "License" means a license, certificate, permit, or other 44126
authorization issued or conferred by a licensing agency under 44127
which a licensee may engage in a profession, occupation, or 44128
occupational activity.44129

       (3) "Licensee" means a person to whom all of the following 44130
apply:44131

       (a) The person has been issued a license by a licensing 44132
agency.44133

       (b) The person has been a member of the armed forces of the 44134
United States, the Ohio national guard, the Ohio military reserve, 44135
the Ohio naval militia, the national guard of any other state, or 44136
a reserve component of the armed forces of the United States.44137

       (c) The person has served on active duty, whether inside or 44138
outside the United States, for a period in excess of thirty-one 44139
days.44140

       (4) "Licensing agency" means any state department, division, 44141
board, commission, agency, or other state governmental unit 44142
authorized by the Revised Code to issue a license.44143

       (5) "Reporting period" means the period of time during which 44144
a licensee must complete the number of hours of continuing 44145
education required of the licensee by law.44146

       (B) A licensee may submit an application to a licensing 44147
agency, stating that the licensee requires an extension of the 44148
current reporting period because the licensee has served on active 44149
duty as described in division (A)(3)(c) of this section during the 44150
current or a prior reporting period. The licensee shall submit 44151
proper documentation certifying the active duty service and the 44152
length of that active duty service. Upon receiving the application 44153
and proper documentation, the licensing agency shall extend the 44154
current reporting period by an amount of time equal to the total 44155
number of months that the licensee spent on active duty during the 44156
current reporting period. For purposes of this division, any 44157
portion of a month served on active duty shall be considered one 44158
full month.44159

       Sec. 5903.121. A "licensing agency," as defined in section 44160
5903.12 of the Revised Code, shall consider relevant education, 44161
training, or service completed by a licensee as a member of the 44162
armed forces of the United States or reserve components thereof, 44163
the Ohio national guard, the Ohio military reserve, the Ohio naval 44164
militia, or the national guard of any other state in determining 44165
whether a licensee has fulfilled required continuing education.44166

       Sec. 5907.01. (A) As used in this chapter:44167

       (1) "Armed forces of the United States" has the same meaning 44168
as in section 5903.11 of the Revised Codemeans the army, air 44169
force, navy, marine corps, coast guard, and any other military 44170
service branch that is designated by congress as a part of the 44171
armed forces of the United States.44172

       (2) "Domiciliary" means a separate area within the Ohio 44173
veterans' home providing domiciliary care.44174

       (3) "Domiciliary care" means providing shelter, food, and 44175
necessary medical care on an ambulatory self-care basis to 44176
eligible veterans who do not need the nursing services provided in 44177
nursing homes.44178

       (4) "Nursing home" has the same meaning as in section 3721.01 44179
of the Revised Code.44180

       (5) "Veteran" has the same meaning as in section 5901.01 of 44181
the Revised Code.44182

       (B) There are hereby established the Ohio veterans' homes 44183
within the department of veterans services. The department shall 44184
maintain and operate state veterans' homes as administered under 44185
the state veterans' home programs defined in Title 38 of the 44186
United States Code.44187

       Sec. 5907.04. SubjectAs used in this section, "armed forces 44188
of the United States" means the army, air force, navy, marine 44189
corps, coast guard, and any other military service branch that is 44190
designated by congress as a part of the armed forces of the United 44191
States.44192

       Subject to the following paragraph, all veterans, who served 44193
during a period of conflict as determined by the United States 44194
department of veterans affairs or any person who is awarded either 44195
the armed forces expeditionary medal established by presidential 44196
executive order 10977 dated December 4, 1961, or the Vietnam 44197
service medal established by presidential executive order 11231 44198
dated July 8, 1965, who have been honorably discharged or 44199
separated under honorable conditions therefrom, or any discharged 44200
members of the Polish and Czechoslovakian armed forces who served 44201
in armed conflict with an enemy of the United States in World War 44202
II who have been citizens of the United States for at least ten 44203
years, provided that the above-mentioned persons have been 44204
citizens of this state for one year or more at the date of making 44205
application for admission, are disabled by disease, wounds, or 44206
otherwise, and are by reason of such disability incapable of 44207
earning their living, and all members of the Ohio national guard 44208
or naval militia who have lost an arm or leg, or their sight, or 44209
become permanently disabled from any cause, while in the line and 44210
discharge of duty, and are not able to support themselves, may be 44211
admitted to a veterans' home under such rules as the director of 44212
veterans services adopts.44213

       A veteran who served in the armed forces of the United States 44214
as defined in division (E)(7) of section 5903.11 of the Revised 44215
Code is eligible for admission to a veterans' home under the 44216
preceding paragraph only if the person has the characteristics 44217
defined in division (B)(1) of section 5901.01 of the Revised Code. 44218

        Veterans' homes may reserve a bed during the temporary 44219
absence of a resident or patient from the home, including a 44220
nursing home within it, under conditions prescribed by the 44221
director, to include hospitalization for an acute condition, 44222
visits with relatives and friends, and participation in 44223
therapeutic programs outside the home. A home shall not reserve a 44224
bed for more than thirty days, except that absences for more than 44225
thirty days due to hospitalization may be authorized.44226

       Sec. 6109.10.  (A)(1) As used in this section, "lead free" 44227
means:44228

       (1) When used with respect to solders or flux, solders or 44229
flux containing(a) Containing not more than two-tenths of one per 44230
cent lead when used with respect to solders or flux;44231

       (2) When used with respect to pipes or pipe fittings, pipes 44232
or pipe fittings containing(b) Containing not more than eighta 44233
weighted average of twenty-five-hundredths per cent lead when used 44234
with respect to wetted surfaces of pipes, pipe fittings, or 44235
plumbing fittings or fixtures.44236

       (B) Any pipe, pipe fitting, solder, or flux that is used in 44237
the installation or repair of a public water system or of any 44238
plumbing in a residential or nonresidential facility providing 44239
water for human consumption which is connected to a public water 44240
system shall be lead free. This division does not apply to leaded 44241
joints necessary for the repair of cast iron pipes.(2) For 44242
purposes of this section, the weighted average lead content of a 44243
pipe, pipe fitting, or plumbing fitting or fixture shall be 44244
calculated by using the following formula: for each wetted 44245
component, the percentage of lead in the component shall be 44246
multiplied by the ratio of the wetted surface area of that 44247
component to the total wetted surface area of the entire product 44248
to determine the weighted percentage of lead of the component. The 44249
weighted percentage of lead of each wetted component shall be 44250
added together, and the sum of the weighted percentages shall 44251
constitute the weighted average lead content of the product. The 44252
lead content of the material used to produce wetted components 44253
shall be used to determine whether the wetted surfaces are lead 44254
free pursuant to division (A)(1)(b) of this section. For purposes 44255
of the lead contents of materials that are provided as a range, 44256
the maximum content of the range shall be used.44257

       (B) Except as provided in division (D) of this section, no 44258
person shall do any of the following:44259

       (1) Use any pipe, pipe fitting, plumbing fitting or fixture, 44260
solder, or flux that is not lead free in the installation or 44261
repair of a public water system or of any plumbing in a 44262
residential or nonresidential facility providing water for human 44263
consumption;44264

       (2) Introduce into commerce any pipe, pipe fitting, or 44265
plumbing fitting or fixture that is not lead free; 44266

       (3) Sell solder or flux that is not lead free while engaged 44267
in the business of selling plumbing supplies;44268

       (4) Introduce into commerce any solder or flux that is not 44269
lead free unless the solder or flux has a prominent label stating 44270
that it is illegal to use the solder or flux in the installation 44271
or repair of any plumbing providing water for human consumption.44272

       (C) EachThe owner or operator of a public water system shall 44273
identify and provide notice to persons that may be affected by 44274
lead contamination of their drinking water if the contamination 44275
results from the lead content in the construction materials of the 44276
public water distribution system, the corrosivity of the water 44277
supply is sufficient to cause the leaching of lead, or both. The 44278
notice shall be in such form and manner as may be reasonably 44279
required by the director of environmental protection, but shall 44280
provide a clear and readily understandable explanation of all of 44281
the following:44282

       (1) Potential sources of lead in the drinking water;44283

       (2) Potential adverse health effects;44284

       (3) Reasonably available methods of mitigating known or 44285
potential lead content in drinking water;44286

       (4) Any steps the public water system is taking to mitigate 44287
lead content in drinking water;44288

       (5) The necessity, if any, of seeking alternative water 44289
supplies.44290

The notice shall be provided notwithstanding the absence of a 44291
violation of any drinking water standard.44292

       (D)(1) Division (B)(1) of this section does not apply to the 44293
use of leaded joints that are necessary for the repair of cast 44294
iron pipes.44295

       (2) Division (B)(2) of this section does not apply to a pipe 44296
that is used in manufacturing or industrial processing.44297

       (3) Division (B)(3) of this section does not apply to the 44298
selling of plumbing supplies by manufacturers of those supplies.44299

       (4) Division (B) of this section does not apply to either of 44300
the following:44301

       (a) Pipes, pipe fittings, or plumbing fittings or fixtures, 44302
including backflow preventers, that are used exclusively for 44303
nonpotable services such as manufacturing, industrial processing, 44304
irrigation, outdoor watering, or any other uses where the water is 44305
not anticipated to be used for human consumption;44306

       (b) Toilets, bidets, urinals, fill valves, flushometer 44307
valves, tub fillers, shower valves, service saddles, or water 44308
distribution main gate valves that are two inches in diameter or 44309
larger.44310

       Sec. 6111.03.  The director of environmental protection may 44311
do any of the following: 44312

       (A) Develop plans and programs for the prevention, control, 44313
and abatement of new or existing pollution of the waters of the 44314
state; 44315

       (B) Advise, consult, and cooperate with other agencies of the 44316
state, the federal government, other states, and interstate 44317
agencies and with affected groups, political subdivisions, and 44318
industries in furtherance of the purposes of this chapter. Before 44319
adopting, amending, or rescinding a standard or rule pursuant to 44320
division (G) of this section or section 6111.041 or 6111.042 of 44321
the Revised Code, the director shall do all of the following: 44322

       (1) Mail notice to each statewide organization that the 44323
director determines represents persons who would be affected by 44324
the proposed standard or rule, amendment thereto, or rescission 44325
thereof at least thirty-five days before any public hearing 44326
thereon; 44327

       (2) Mail a copy of each proposed standard or rule, amendment 44328
thereto, or rescission thereof to any person who requests a copy, 44329
within five days after receipt of the request therefor; 44330

       (3) Consult with appropriate state and local government 44331
agencies or their representatives, including statewide 44332
organizations of local government officials, industrial 44333
representatives, and other interested persons. 44334

       Although the director is expected to discharge these duties 44335
diligently, failure to mail any such notice or copy or to so 44336
consult with any person shall not invalidate any proceeding or 44337
action of the director. 44338

       (C) Administer grants from the federal government and from 44339
other sources, public or private, for carrying out any of its 44340
functions, all such moneys to be deposited in the state treasury 44341
and kept by the treasurer of state in a separate fund subject to 44342
the lawful orders of the director; 44343

       (D) Administer state grants for the construction of sewage 44344
and waste collection and treatment works; 44345

       (E) Encourage, participate in, or conduct studies, 44346
investigations, research, and demonstrations relating to water 44347
pollution, and the causes, prevention, control, and abatement 44348
thereof, that are advisable and necessary for the discharge of the 44349
director's duties under this chapter; 44350

       (F) Collect and disseminate information relating to water 44351
pollution and prevention, control, and abatement thereof; 44352

       (G) Adopt, amend, and rescind rules in accordance with 44353
Chapter 119. of the Revised Code governing the procedure for 44354
hearings, the filing of reports, the issuance of permits, the 44355
issuance of industrial water pollution control certificates, and 44356
all other matters relating to procedure; 44357

       (H) Issue, modify, or revoke orders to prevent, control, or 44358
abate water pollution by such means as the following: 44359

       (1) Prohibiting or abating discharges of sewage, industrial 44360
waste, or other wastes into the waters of the state; 44361

       (2) Requiring the construction of new disposal systems or any 44362
parts thereof, or the modification, extension, or alteration of 44363
existing disposal systems or any parts thereof; 44364

       (3) Prohibiting additional connections to or extensions of a 44365
sewerage system when the connections or extensions would result in 44366
an increase in the polluting properties of the effluent from the 44367
system when discharged into any waters of the state; 44368

       (4) Requiring compliance with any standard or rule adopted 44369
under sections 6111.01 to 6111.05 of the Revised Code or term or 44370
condition of a permit. 44371

       In the making of those orders, wherever compliance with a 44372
rule adopted under section 6111.042 of the Revised Code is not 44373
involved, consistent with the Federal Water Pollution Control Act, 44374
the director shall give consideration to, and base the 44375
determination on, evidence relating to the technical feasibility 44376
and economic reasonableness of complying with those orders and to 44377
evidence relating to conditions calculated to result from 44378
compliance with those orders, and their relation to benefits to 44379
the people of the state to be derived from such compliance in 44380
accomplishing the purposes of this chapter. 44381

       (I) Review plans, specifications, or other data relative to 44382
disposal systems or any part thereof in connection with the 44383
issuance of orders, permits, and industrial water pollution 44384
control certificates under this chapter; 44385

       (J)(1) Issue, revoke, modify, or deny sludge management 44386
permits and permits for the discharge of sewage, industrial waste, 44387
or other wastes into the waters of the state, and for the 44388
installation or modification of disposal systems or any parts 44389
thereof in compliance with all requirements of the Federal Water 44390
Pollution Control Act and mandatory regulations adopted 44391
thereunder, including regulations adopted under section 405 of the 44392
Federal Water Pollution Control Act, and set terms and conditions 44393
of permits, including schedules of compliance, where necessary. 44394
Any person who discharges, transports, or handles storm water from 44395
an animal feeding facility, as defined in section 903.01 of the 44396
Revised Code, or pollutants from a concentrated animal feeding 44397
operation, as both terms are defined in that section, is not 44398
required to obtain a permit under division (J)(1) of this section 44399
for the installation or modification of a disposal system 44400
involving pollutants or storm water or any parts of such a system 44401
on and after the date on which the director of agriculture has 44402
finalized the program required under division (A)(1) of section 44403
903.02 of the Revised Code. In addition, any person who 44404
discharges, transports, or handles storm water from an animal 44405
feeding facility, as defined in section 903.01 of the Revised 44406
Code, or pollutants from a concentrated animal feeding operation, 44407
as both terms are defined in that section, is not required to 44408
obtain a permit under division (J)(1) of this section for the 44409
discharge of storm water from an animal feeding facility or 44410
pollutants from a concentrated animal feeding operation on and 44411
after the date on which the United States environmental protection 44412
agency approves the NPDES program submitted by the director of 44413
agriculture under section 903.08 of the Revised Code. 44414

       Any permit terms and conditions set by the director shall be 44415
designed to achieve and maintain full compliance with the national 44416
effluent limitations, national standards of performance for new 44417
sources, and national toxic and pretreatment effluent standards 44418
set under that act, and any other mandatory requirements of that 44419
act that are imposed by regulation of the administrator of the 44420
United States environmental protection agency. If an applicant for 44421
a sludge management permit also applies for a related permit for 44422
the discharge of sewage, industrial waste, or other wastes into 44423
the waters of the state, the director may combine the two permits 44424
and issue one permit to the applicant. 44425

       A sludge management permit is not required for an entity that 44426
treats or transports sewage sludge or for a sanitary landfill when 44427
all of the following apply: 44428

       (a) The entity or sanitary landfill does not generate the 44429
sewage sludge. 44430

       (b) Prior to receipt at the sanitary landfill, the entity has 44431
ensured that the sewage sludge meets the requirements established 44432
in rules adopted by the director under section 3734.02 of the 44433
Revised Code concerning disposal of municipal solid waste in a 44434
sanitary landfill. 44435

       (c) Disposal of the sewage sludge occurs at a sanitary 44436
landfill that complies with rules adopted by the director under 44437
section 3734.02 of the Revised Code. 44438

       As used in division (J)(1) of this section, "sanitary 44439
landfill" means a sanitary landfill facility, as defined in rules 44440
adopted under section 3734.02 of the Revised Code, that is 44441
licensed as a solid waste facility under section 3734.05 of the 44442
Revised Code. 44443

       (2) An application for a permit or renewal thereof shall be 44444
denied if any of the following applies: 44445

       (a) The secretary of the army determines in writing that 44446
anchorage or navigation would be substantially impaired thereby; 44447

       (b) The director determines that the proposed discharge or 44448
source would conflict with an areawide waste treatment management 44449
plan adopted in accordance with section 208 of the Federal Water 44450
Pollution Control Act; 44451

       (c) The administrator of the United States environmental 44452
protection agency objects in writing to the issuance or renewal of 44453
the permit in accordance with section 402 (d) of the Federal Water 44454
Pollution Control Act; 44455

       (d) The application is for the discharge of any radiological, 44456
chemical, or biological warfare agent or high-level radioactive 44457
waste into the waters of the United States. 44458

       (3) To achieve and maintain applicable standards of quality 44459
for the waters of the state adopted pursuant to section 6111.041 44460
of the Revised Code, the director shall impose, where necessary 44461
and appropriate, as conditions of each permit, water quality 44462
related effluent limitations in accordance with sections 301, 302, 44463
306, 307, and 405 of the Federal Water Pollution Control Act and, 44464
to the extent consistent with that act, shall give consideration 44465
to, and base the determination on, evidence relating to the 44466
technical feasibility and economic reasonableness of removing the 44467
polluting properties from those wastes and to evidence relating to 44468
conditions calculated to result from that action and their 44469
relation to benefits to the people of the state and to 44470
accomplishment of the purposes of this chapter. 44471

       (4) Where a discharge having a thermal component from a 44472
source that is constructed or modified on or after October 18, 44473
1972, meets national or state effluent limitations or more 44474
stringent permit conditions designed to achieve and maintain 44475
compliance with applicable standards of quality for the waters of 44476
the state, which limitations or conditions will ensure protection 44477
and propagation of a balanced, indigenous population of shellfish, 44478
fish, and wildlife in or on the body of water into which the 44479
discharge is made, taking into account the interaction of the 44480
thermal component with sewage, industrial waste, or other wastes, 44481
the director shall not impose any more stringent limitation on the 44482
thermal component of the discharge, as a condition of a permit or 44483
renewal thereof for the discharge, during a ten-year period 44484
beginning on the date of completion of the construction or 44485
modification of the source, or during the period of depreciation 44486
or amortization of the source for the purpose of section 167 or 44487
169 of the Internal Revenue Code of 1954, whichever period ends 44488
first. 44489

       (5) The director shall specify in permits for the discharge 44490
of sewage, industrial waste, and other wastes, the net volume, net 44491
weight, duration, frequency, and, where necessary, concentration 44492
of the sewage, industrial waste, and other wastes that may be 44493
discharged into the waters of the state. The director shall 44494
specify in those permits and in sludge management permits that the 44495
permit is conditioned upon payment of applicable fees as required 44496
by section 3745.11 of the Revised Code and upon the right of the 44497
director's authorized representatives to enter upon the premises 44498
of the person to whom the permit has been issued for the purpose 44499
of determining compliance with this chapter, rules adopted 44500
thereunder, or the terms and conditions of a permit, order, or 44501
other determination. The director shall issue or deny an 44502
application for a sludge management permit or a permit for a new 44503
discharge, for the installation or modification of a disposal 44504
system, or for the renewal of a permit, within one hundred eighty 44505
days of the date on which a complete application with all plans, 44506
specifications, construction schedules, and other pertinent 44507
information required by the director is received. 44508

       (6) The director may condition permits upon the installation 44509
of discharge or water quality monitoring equipment or devices and 44510
the filing of periodic reports on the amounts and contents of 44511
discharges and the quality of receiving waters that the director 44512
prescribes. The director shall condition each permit for a 44513
government-owned disposal system or any other "treatment works" as 44514
defined in the Federal Water Pollution Control Act upon the 44515
reporting of new introductions of industrial waste or other wastes 44516
and substantial changes in volume or character thereof being 44517
introduced into those systems or works from "industrial users" as 44518
defined in section 502 of that act, as necessary to comply with 44519
section 402(b)(8) of that act; upon the identification of the 44520
character and volume of pollutants subject to pretreatment 44521
standards being introduced into the system or works; and upon the 44522
existence of a program to ensure compliance with pretreatment 44523
standards by "industrial users" of the system or works. In 44524
requiring monitoring devices and reports, the director, to the 44525
extent consistent with the Federal Water Pollution Control Act, 44526
shall give consideration to technical feasibility and economic 44527
reasonableness and shall allow reasonable time for compliance. 44528

       (7) A permit may be issued for a period not to exceed five 44529
years and may be renewed upon application for renewal. In renewing 44530
a permit, the director shall consider the compliance history of 44531
the permit holder and may deny the renewal if the director 44532
determines that the permit holder has not complied with the terms 44533
and conditions of the existing permit. A permit may be modified, 44534
suspended, or revoked for cause, including, but not limited to, 44535
violation of any condition of the permit, obtaining a permit by 44536
misrepresentation or failure to disclose fully all relevant facts 44537
of the permitted discharge or of the sludge use, storage, 44538
treatment, or disposal practice, or changes in any condition that 44539
requires either a temporary or permanent reduction or elimination 44540
of the permitted activity. No application shall be denied or 44541
permit revoked or modified without a written order stating the 44542
findings upon which the denial, revocation, or modification is 44543
based. A copy of the order shall be sent to the applicant or 44544
permit holder by certified mail. 44545

       (K) Institute or cause to be instituted in any court of 44546
competent jurisdiction proceedings to compel compliance with this 44547
chapter or with the orders of the director issued under this 44548
chapter, or to ensure compliance with sections 204(b), 307, 308, 44549
and 405 of the Federal Water Pollution Control Act; 44550

       (L) Issue, deny, revoke, or modify industrial water pollution 44551
control certificates; 44552

       (M) Certify to the government of the United States or any 44553
agency thereof that an industrial water pollution control facility 44554
is in conformity with the state program or requirements for the 44555
control of water pollution whenever the certification may be 44556
required for a taxpayer under the Internal Revenue Code of the 44557
United States, as amended; 44558

       (N) Issue, modify, and revoke orders requiring any 44559
"industrial user" of any publicly owned "treatment works" as 44560
defined in sections 212(2) and 502(18) of the Federal Water 44561
Pollution Control Act to comply with pretreatment standards; 44562
establish and maintain records; make reports; install, use, and 44563
maintain monitoring equipment or methods, including, where 44564
appropriate, biological monitoring methods; sample discharges in 44565
accordance with methods, at locations, at intervals, and in a 44566
manner that the director determines; and provide other information 44567
that is necessary to ascertain whether or not there is compliance 44568
with toxic and pretreatment effluent standards. In issuing, 44569
modifying, and revoking those orders, the director, to the extent 44570
consistent with the Federal Water Pollution Control Act, shall 44571
give consideration to technical feasibility and economic 44572
reasonableness and shall allow reasonable time for compliance. 44573

       (O) Exercise all incidental powers necessary to carry out the 44574
purposes of this chapter; 44575

       (P) Certify or deny certification to any applicant for a 44576
federal license or permit to conduct any activity that may result 44577
in any discharge into the waters of the state that the discharge 44578
will comply with the Federal Water Pollution Control Act; 44579

       (Q) Administer and enforce the publicly owned treatment works 44580
pretreatment program in accordance with the Federal Water 44581
Pollution Control Act. In the administration of that program, the 44582
director may do any of the following: 44583

       (1) Apply and enforce pretreatment standards; 44584

       (2) Approve and deny requests for approval of publicly owned 44585
treatment works pretreatment programs, oversee those programs, and 44586
implement, in whole or in part, those programs under any of the 44587
following conditions: 44588

       (a) The director has denied a request for approval of the 44589
publicly owned treatment works pretreatment program; 44590

       (b) The director has revoked the publicly owned treatment 44591
works pretreatment program; 44592

       (c) There is no pretreatment program currently being 44593
implemented by the publicly owned treatment works; 44594

       (d) The publicly owned treatment works has requested the 44595
director to implement, in whole or in part, the pretreatment 44596
program. 44597

       (3) Require that a publicly owned treatment works 44598
pretreatment program be incorporated in a permit issued to a 44599
publicly owned treatment works as required by the Federal Water 44600
Pollution Control Act, require compliance by publicly owned 44601
treatment works with those programs, and require compliance by 44602
industrial users with pretreatment standards; 44603

       (4) Approve and deny requests for authority to modify 44604
categorical pretreatment standards to reflect removal of 44605
pollutants achieved by publicly owned treatment works; 44606

       (5) Deny and recommend approval of requests for fundamentally 44607
different factors variances submitted by industrial users; 44608

       (6) Make determinations on categorization of industrial 44609
users; 44610

       (7) Adopt, amend, or rescind rules and issue, modify, or 44611
revoke orders necessary for the administration and enforcement of 44612
the publicly owned treatment works pretreatment program. 44613

       Any approval of a publicly owned treatment works pretreatment 44614
program may contain any terms and conditions, including schedules 44615
of compliance, that are necessary to achieve compliance with this 44616
chapter. 44617

       (R) Except as otherwise provided in this division, adopt 44618
rules in accordance with Chapter 119. of the Revised Code 44619
establishing procedures, methods, and equipment and other 44620
requirements for equipment to prevent and contain discharges of 44621
oil and hazardous substances into the waters of the state. The 44622
rules shall be consistent with and equivalent in scope, content, 44623
and coverage to section 311(j)(1)(c) of the Federal Water 44624
Pollution Control Act and regulations adopted under it. The 44625
director shall not adopt rules under this division relating to 44626
discharges of oil from oil production facilities and oil drilling 44627
and workover facilities as those terms are defined in that act and 44628
regulations adopted under it. 44629

       (S)(1) Administer and enforce a program for the regulation of 44630
sludge management in this state. In administering the program, the 44631
director, in addition to exercising the authority provided in any 44632
other applicable sections of this chapter, may do any of the 44633
following: 44634

       (a) Develop plans and programs for the disposal and 44635
utilization of sludge and sludge materials; 44636

       (b) Encourage, participate in, or conduct studies, 44637
investigations, research, and demonstrations relating to the 44638
disposal and use of sludge and sludge materials and the impact of 44639
sludge and sludge materials on land located in the state and on 44640
the air and waters of the state; 44641

       (c) Collect and disseminate information relating to the 44642
disposal and use of sludge and sludge materials and the impact of 44643
sludge and sludge materials on land located in the state and on 44644
the air and waters of the state; 44645

       (d) Issue, modify, or revoke orders to prevent, control, or 44646
abate the use and disposal of sludge and sludge materials or the 44647
effects of the use of sludge and sludge materials on land located 44648
in the state and on the air and waters of the state; 44649

       (e) Adopt and enforce, modify, or rescind rules necessary for 44650
the implementation of division (S) of this section. The rules 44651
reasonably shall protect public health and the environment, 44652
encourage the beneficial reuse of sludge and sludge materials, and 44653
minimize the creation of nuisance odors. 44654

       The director may specify in sludge management permits the net 44655
volume, net weight, quality, and pollutant concentration of the 44656
sludge or sludge materials that may be used, stored, treated, or 44657
disposed of, and the manner and frequency of the use, storage, 44658
treatment, or disposal, to protect public health and the 44659
environment from adverse effects relating to those activities. The 44660
director shall impose other terms and conditions to protect public 44661
health and the environment, minimize the creation of nuisance 44662
odors, and achieve compliance with this chapter and rules adopted 44663
under it and, in doing so, shall consider whether the terms and 44664
conditions are consistent with the goal of encouraging the 44665
beneficial reuse of sludge and sludge materials. 44666

       The director may condition permits on the implementation of 44667
treatment, storage, disposal, distribution, or application 44668
management methods and the filing of periodic reports on the 44669
amounts, composition, and quality of sludge and sludge materials 44670
that are disposed of, used, treated, or stored. 44671

       An approval of a treatment works sludge disposal program may 44672
contain any terms and conditions, including schedules of 44673
compliance, necessary to achieve compliance with this chapter and 44674
rules adopted under it. 44675

       (2) As a part of the program established under division 44676
(S)(1) of this section, the director has exclusive authority to 44677
regulate sewage sludge management in this state. For purposes of 44678
division (S)(2) of this section, that program shall be consistent 44679
with section 405 of the Federal Water Pollution Control Act and 44680
regulations adopted under it and with this section, except that 44681
the director may adopt rules under division (S) of this section 44682
that establish requirements that are more stringent than section 44683
405 of the Federal Water Pollution Control Act and regulations 44684
adopted under it with regard to monitoring sewage sludge and 44685
sewage sludge materials and establishing acceptable sewage sludge 44686
management practices and pollutant levels in sewage sludge and 44687
sewage sludge materials. 44688

       This chapter authorizes the state to participate in any 44689
national sludge management program and the national pollutant 44690
discharge elimination system, to administer and enforce the 44691
publicly owned treatment works pretreatment program, and to issue 44692
permits for the discharge of dredged or fill materials, in 44693
accordance with the Federal Water Pollution Control Act. This 44694
chapter shall be administered, consistent with the laws of this 44695
state and federal law, in the same manner that the Federal Water 44696
Pollution Control Act is required to be administered. 44697

       This section does not apply to animal wasteresidual farm 44698
products and manure disposal systems and related management and 44699
conservation practices subject to rules adopted pursuant to 44700
division (E)(4)(C)(1) of section 1511.02939.02 of the Revised 44701
Code. For purposes of this exclusion, "residual farm products" and 44702
"manure" have the same meanings as in section 939.01 of the 44703
Revised Code. However, until the date on which the United States 44704
environmental protection agency approves the NPDES program 44705
submitted by the director of agriculture under section 903.08 of 44706
the Revised Code, this exclusion does not apply to animal waste 44707
treatment works having a controlled direct discharge to the waters 44708
of the state or any concentrated animal feeding operation, as 44709
defined in 40 C.F.R. 122.23(b)(2). On and after the date on which 44710
the United States environmental protection agency approves the 44711
NPDES program submitted by the director of agriculture under 44712
section 903.08 of the Revised Code, this section does not apply to 44713
storm water from an animal feeding facility, as defined in section 44714
903.01 of the Revised Code, or to pollutants discharged from a 44715
concentrated animal feeding operation, as both terms are defined 44716
in that section. Neither of these exclusions applies to the 44717
discharge of animal waste into a publicly owned treatment works. 44718

       Sec. 6111.04.  (A) Both of the following apply except as 44719
otherwise provided in division (A) or (F) of this section:44720

       (1) No person shall cause pollution or place or cause to be 44721
placed any sewage, sludge, sludge materials, industrial waste, or 44722
other wastes in a location where they cause pollution of any 44723
waters of the state.44724

       (2) Such an action prohibited under division (A)(1) of this 44725
section is hereby declared to be a public nuisance.44726

       Divisions (A)(1) and (2) of this section do not apply if the 44727
person causing pollution or placing or causing to be placed wastes 44728
in a location in which they cause pollution of any waters of the 44729
state holds a valid, unexpired permit, or renewal of a permit, 44730
governing the causing or placement as provided in sections 6111.01 44731
to 6111.08 of the Revised Code or if the person's application for 44732
renewal of such a permit is pending.44733

       (B) If the director of environmental protection administers a 44734
sludge management program pursuant to division (S) of section 44735
6111.03 of the Revised Code, both of the following apply except as 44736
otherwise provided in division (B) or (F) of this section:44737

       (1) No person, in the course of sludge management, shall 44738
place on land located in the state or release into the air of the 44739
state any sludge or sludge materials.44740

       (2) An action prohibited under division (B)(1) of this 44741
section is hereby declared to be a public nuisance.44742

       Divisions (B)(1) and (2) of this section do not apply if the 44743
person placing or releasing the sludge or sludge materials holds a 44744
valid, unexpired permit, or renewal of a permit, governing the 44745
placement or release as provided in sections 6111.01 to 6111.08 of 44746
the Revised Code or if the person's application for renewal of 44747
such a permit is pending.44748

       (C) No person to whom a permit has been issued shall place or 44749
discharge, or cause to be placed or discharged, in any waters of 44750
the state any sewage, sludge, sludge materials, industrial waste, 44751
or other wastes in excess of the permissive discharges specified 44752
under an existing permit without first receiving a permit from the 44753
director to do so.44754

       (D) No person to whom a sludge management permit has been 44755
issued shall place on the land or release into the air of the 44756
state any sludge or sludge materials in excess of the permissive 44757
amounts specified under the existing sludge management permit 44758
without first receiving a modification of the existing sludge 44759
management permit or a new sludge management permit to do so from 44760
the director.44761

       (E) The director may require the submission of plans, 44762
specifications, and other information that the director considers 44763
relevant in connection with the issuance of permits.44764

       (F) This section does not apply to any of the following:44765

       (1) Waters used in washing sand, gravel, other aggregates, or 44766
mineral products when the washing and the ultimate disposal of the 44767
water used in the washing, including any sewage, industrial waste, 44768
or other wastes contained in the waters, are entirely confined to 44769
the land under the control of the person engaged in the recovery 44770
and processing of the sand, gravel, other aggregates, or mineral 44771
products and do not result in the pollution of waters of the 44772
state;44773

       (2) Water, gas, or other material injected into a well to 44774
facilitate, or that is incidental to, the production of oil, gas, 44775
artificial brine, or water derived in association with oil or gas 44776
production and disposed of in a well, in compliance with a permit 44777
issued under Chapter 1509. of the Revised Code, or sewage, 44778
industrial waste, or other wastes injected into a well in 44779
compliance with an injection well operating permit. Division 44780
(F)(2) of this section does not authorize, without a permit, any 44781
discharge that is prohibited by, or for which a permit is required 44782
by, regulation of the United States environmental protection 44783
agency.44784

       (3) Application of any materials to land for agricultural 44785
purposes or runoff of the materials from that application or 44786
pollution by animal wasteresidual farm products, manure, or soil 44787
sediment, including attached substances, resulting from farming, 44788
silvicultural, or earthmoving activities regulated by Chapter 44789
307., 939., or 1511. of the Revised Code. Division (F)(3) of this 44790
section does not authorize, without a permit, any discharge that 44791
is prohibited by, or for which a permit is required by, the 44792
Federal Water Pollution Control Act or regulations adopted under 44793
it. As used in division (F)(3) of this section, "residual farm 44794
products" and "manure" have the same meanings as in section 939.01 44795
of the Revised Code.44796

       (4) The excrement of domestic and farm animals defecated on 44797
land or runoff therefrom into any waters of the state. Division 44798
(F)(4) of this section does not authorize, without a permit, any 44799
discharge that is prohibited by, or for which a permit is required 44800
by, the Federal Water Pollution Control Act or regulations adopted 44801
under it.44802

       (5) On and after the date on which the United States 44803
environmental protection agency approves the NPDES program 44804
submitted by the director of agriculture under section 903.08 of 44805
the Revised Code, any discharge that is within the scope of the 44806
approved NPDES program submitted by the director of agriculture;44807

       (6) The discharge of sewage, industrial waste, or other 44808
wastes into a sewerage system tributary to a treatment works. 44809
Division (F)(6) of this section does not authorize any discharge 44810
into a publicly owned treatment works in violation of a 44811
pretreatment program applicable to the publicly owned treatment 44812
works.44813

       (7) A household sewage treatment system or a small flow 44814
on-site sewage treatment system, as applicable, as defined in 44815
section 3718.01 of the Revised Code that is installed in 44816
compliance with Chapter 3718. of the Revised Code and rules 44817
adopted under it. Division (F)(7) of this section does not 44818
authorize, without a permit, any discharge that is prohibited by, 44819
or for which a permit is required by, regulation of the United 44820
States environmental protection agency.44821

       (8) Exceptional quality sludge generated outside of this 44822
state and contained in bags or other containers not greater than 44823
one hundred pounds in capacity. As used in division (F)(8) of this 44824
section, "exceptional quality sludge" has the same meaning as in 44825
division (Y) of section 3745.11 of the Revised Code.44826

       (G) The holder of a permit issued under section 402 (a) of 44827
the Federal Water Pollution Control Act need not obtain a permit 44828
for a discharge authorized by the permit until its expiration 44829
date. Except as otherwise provided in this division, the director 44830
of environmental protection shall administer and enforce those 44831
permits within this state and may modify their terms and 44832
conditions in accordance with division (J) of section 6111.03 of 44833
the Revised Code. On and after the date on which the United States 44834
environmental protection agency approves the NPDES program 44835
submitted by the director of agriculture under section 903.08 of 44836
the Revised Code, the director of agriculture shall administer and 44837
enforce those permits within this state that are issued for any 44838
discharge that is within the scope of the approved NPDES program 44839
submitted by the director of agriculture.44840

       Sec. 6111.44.  (A) Except as otherwise provided in division 44841
(B) of this section, in section 6111.14 of the Revised Code, or in 44842
rules adopted under division (G) of section 6111.03 of the Revised 44843
Code, no municipal corporation, county, public institution, 44844
corporation, or officer or employee thereof or other person shall 44845
provide or install sewerage or treatment works for sewage, sludge, 44846
or sludge materials disposal or treatment or make a change in any 44847
sewerage or treatment works until the plans therefor have been 44848
submitted to and approved by the director of environmental 44849
protection. Sections 6111.44 to 6111.46 of the Revised Code apply 44850
to sewerage and treatment works of a municipal corporation or part 44851
thereof, an unincorporated community, a county sewer district, or 44852
other land outside of a municipal corporation or any publicly or 44853
privately owned building or group of buildings or place, used for 44854
the assemblage, entertainment, recreation, education, correction, 44855
hospitalization, housing, or employment of persons.44856

       In granting an approval, the director may stipulate 44857
modifications, conditions, and rules that the public health and 44858
prevention of pollution may require. Any action taken by the 44859
director shall be a matter of public record and shall be entered 44860
in the director's journal. Each period of thirty days that a 44861
violation of this section continues, after a conviction for the 44862
violation, constitutes a separate offense.44863

       (B) Sections 6111.45 and 6111.46 of the Revised Code and 44864
division (A) of this section do not apply to any of the following:44865

       (1) Sewerage or treatment works for sewage installed or to be 44866
installed for the use of a private residence or dwelling;44867

       (2) Sewerage systems, treatment works, or disposal systems 44868
for storm water from an animal feeding facility or manure, as 44869
"animal feeding facility" and "manure" are defined in section 44870
903.01 of the Revised Code;44871

       (3) Animal wasteResidual farm products and manure treatment 44872
or disposal works and related management and conservation 44873
practices that are subject to rules adopted under division 44874
(E)(2)(C)(1) of section 1511.02939.02 of the Revised Code;. As 44875
used in division (B)(3) of this section, "residual farm products" 44876
and "manure" have the same meanings as in section 939.01 of the 44877
Revised Code.44878

       (4) Sewerage or treatment works for the on-lot disposal or 44879
treatment of sewage from a small flow on-site sewage treatment 44880
system, as defined in section 3718.01 of the Revised Code, if the 44881
board of health of a city or general health district has notified 44882
the director of health and the director of environmental 44883
protection under section 3718.021 of the Revised Code that the 44884
board has chosen to regulate the system, provided that the board 44885
remains in compliance with the rules adopted under division 44886
(A)(13) of section 3718.02 of the Revised Code.44887

        The exclusions established in divisions (B)(2) and (3) of 44888
this section do not apply to the construction or installation of 44889
disposal systems, as defined in section 6111.01 of the Revised 44890
Code, that are located at an animal feeding facility and that 44891
store, treat, or discharge wastewaters that do not include storm 44892
water or manure or that discharge to a publicly owned treatment 44893
works.44894

       Sec. 6111.99.  (A) Whoever knowingly violates section 44895
6111.04, 6111.042, 6111.05, or division (A) or (C) of section 44896
6111.07 of the Revised Code is guilty of a felony and shall be 44897
fined not more than twenty-five thousand dollars or imprisoned not 44898
more than one yearfour years, or both. Each day of violation is a 44899
separate offense.44900

       (B) Whoever recklessly violates section 6111.04, 6111.042,44901
6111.045 or, 6111.047, 6111.05, 6111.45, or division (A) or (C) of 44902
section 6111.07 of the Revised Code is guilty of a misdemeanor and44903
shall be fined not more than ten thousand dollars or imprisoned 44904
not more than two years, or both. Each day of violation is a 44905
separate offense.44906

       (C) Whoever violates section 6111.45 or 6111.46 of the 44907
Revised Code shall be fined not more than five hundred dollars.44908

       (D) Whoever violates division (C) of section 6111.07 of the 44909
Revised Code shall be fined not more than twenty-five thousand 44910
dollars.44911

       (E) Whoever violates section 6111.42 of the Revised Code 44912
shall be fined not more than one hundred dollars for a first 44913
offense; for each subsequent offense, the person shall be fined 44914
not more than one hundred fifty dollars.44915

       (F)(E) Whoever violates section 6111.44 of the Revised Code 44916
shall be fined not more than one hundredten thousand dollars. 44917
Each day of violation is a separate offense.44918

       (F) If a person is convicted of or pleads guilty to a 44919
violation of any section of this chapter, in addition to the 44920
financial sanctions authorized by this chapter or section 2929.18 44921
or 2929.28 or any other section of the Revised Code, the court 44922
imposing the sentence on the person may order the person to 44923
reimburse the state agency or a political subdivision for any 44924
response costs that it incurred in responding to the violation, 44925
including the cost of rectifying the violation and conditions 44926
caused by the violation.44927

       Section 101.02. That existing sections 7.10, 7.16, 9.482, 44928
109.572, 109.5721, 111.15, 119.03, 119.12, 121.08, 122.121, 44929
122.136, 122.17, 122.171, 122.21, 122.25, 122.37, 122.64, 122.86, 44930
122.861, 122.89, 122.94, 122.941, 123.01, 124.32, 125.13, 125.182, 44931
126.21, 126.25, 131.02, 133.06, 149.311, 149.38, 150.10, 153.56, 44932
164.26, 166.13, 166.18, 166.21, 173.27, 173.38, 184.02, 191.01, 44933
340.02, 340.021, 718.15, 718.151, 901.22, 903.01, 903.03, 903.07, 44934
903.082, 903.09, 903.10, 903.11, 903.12, 903.13, 903.16, 903.17, 44935
903.25, 921.06, 941.14, 953.22, 1321.535, 1321.55, 1322.03, 44936
1322.031, 1322.04, 1322.041, 1322.051, 1322.06, 1501.01, 1501.011, 44937
1509.01, 1509.02, 1509.04, 1509.05, 1509.06, 1509.061, 1509.071, 44938
1509.08, 1509.11, 1509.222, 1509.223, 1509.23, 1509.27, 1509.33, 44939
1509.34, 1509.99, 1511.01, 1511.02, 1511.021, 1511.022, 1511.05, 44940
1511.07, 1511.99, 1515.01, 1515.02, 1515.08, 1533.081, 1533.10, 44941
1533.11, 1533.12, 1551.34, 1561.31, 1711.50, 1711.53, 2151.417, 44942
2151.421, 2152.19, 2305.25, 2305.252, 2701.09, 2915.01, 2915.03, 44943
2915.06, 2915.061, 2945.402, 3123.89, 3301.0714, 3301.0715, 44944
3302.03, 3302.10, 3313.372, 3313.603, 3313.6013, 3313.6016, 44945
3313.90, 3313.91, 3314.08, 3317.02, 3317.0217, 3317.03, 3319.22, 44946
3319.26, 3321.03, 3321.04, 3321.07, 3321.08, 3321.09, 3324.07, 44947
3326.36, 3328.24, 3331.04, 3333.041, 3333.048, 3333.35, 3333.43, 44948
3333.86, 3345.06, 3358.06, 3365.04, 3365.041, 3365.05, 3365.06, 44949
3365.08, 3365.11, 3701.132, 3701.34, 3701.74, 3701.83, 3701.881, 44950
3702.511, 3702.52, 3702.526, 3702.71, 3702.74, 3702.75, 3702.91, 44951
3702.95, 3704.05, 3730.09, 3731.02, 3734.02, 3734.029, 3734.905, 44952
3737.02, 3745.70, 3750.13, 3750.14, 3770.01, 3770.02, 3770.05, 44953
3772.01, 3772.02, 3772.03, 3772.032, 3772.033, 3772.04, 3772.06, 44954
3772.07, 3772.10, 3772.12, 3772.121, 3772.15, 3772.17, 3772.21, 44955
3772.23, 3772.31, 3772.99, 4121.129, 4123.01, 4123.26, 4123.27, 44956
4123.29, 4123.291, 4123.292, 4123.32, 4123.322, 4123.34, 4123.35, 44957
4123.353, 4123.36, 4123.37, 4123.40, 4123.41, 4123.411, 4123.47, 44958
4123.511, 4123.512, 4123.54, 4123.66, 4123.82, 4123.83, 4125.05, 44959
4141.01, 4141.09, 4141.11, 4141.131, 4141.20, 4141.25, 4141.26, 44960
4141.28, 4141.29, 4141.35, 4511.191, 4729.03, 4729.12, 4729.13, 44961
4729.15, 4729.54, 4729.80, 4729.83, 4729.86, 4731.36, 4737.045, 44962
4740.06, 4743.04, 4758.01, 4758.02, 4758.06, 4758.16, 4758.20, 44963
4758.21, 4758.23, 4758.24, 4758.26, 4758.28, 4758.29, 4758.30, 44964
4758.31, 4758.35, 4758.36, 4758.50, 4758.51, 4758.60, 4758.71, 44965
4781.121, 4781.29, 4905.01, 4905.81, 4905.95, 4921.13, 4921.19, 44966
4923.01, 4923.02, 4923.04, 4928.66, 5104.03, 5123.01, 5123.011, 44967
5123.012, 5123.081, 5123.16, 5123.162, 5123.169, 5123.19, 44968
5123.191, 5123.21, 5123.61, 5123.75, 5123.76, 5123.89, 5124.01, 44969
5124.106, 5124.21, 5124.60, 5124.61, 5124.62, 5124.67, 5126.01, 44970
5126.0219, 5126.041, 5126.046, 5126.051, 5126.08, 5126.21, 44971
5126.25, 5126.42, 5126.43, 5126.45, 5139.05, 5139.34, 5139.36, 44972
5139.41, 5164.34, 5164.342, 5513.01, 5703.052, 5703.056, 5703.059, 44973
5703.21, 5713.012, 5727.47, 5727.91, 5735.01, 5735.026, 5735.03, 44974
5735.06, 5735.062, 5735.07, 5735.09, 5735.12, 5735.141, 5735.23, 44975
5736.06, 5736.09, 5736.13, 5743.01, 5743.02, 5743.021, 5743.024, 44976
5743.025, 5743.03, 5743.04, 5743.05, 5743.051, 5743.112, 5743.32, 44977
5743.51, 5743.52, 5743.62, 5743.63, 5743.65, 5747.02, 5747.025, 44978
5747.08, 5747.71, 5747.98, 5749.01, 5749.02, 5749.03, 5749.04, 44979
5749.06, 5749.07, 5749.08, 5749.10, 5749.12, 5749.13, 5749.14, 44980
5749.15, 5749.17, 5751.03, 5751.20, 5902.02, 5903.03, 5903.10, 44981
5903.11, 5903.12, 5903.121, 5907.01, 5907.04, 6109.10, 6111.03, 44982
6111.04, 6111.44, and 6111.99 of the Revised Code are hereby 44983
repealed.44984

       Section 105.01. That sections 183.35, 903.04, 1509.50, 44985
1511.071, 3125.191, 3313.6015, 3345.062, 3345.19, 3365.01, 44986
3365.02, 3365.021, 3365.022, 3365.03, 3365.07, 3365.09, 3365.10, 44987
3365.12, 3365.15, 3702.93, 3750.081, 4123.419, 5124.63, 5124.64, 44988
5726.08, 5733.30, 5735.16, 5743.06, and 5745.10 of the Revised 44989
Code are hereby repealed.44990

       Section 503.10.  APPROPRIATIONS RELATED TO GRANT 44991
RECONCILIATION AND CLOSE-OUT44992

       If, pursuant to the reconciliation and close-out process for 44993
a grant received by a state agency, an amount is identified as 44994
both unspent and requiring remittance to the grantor, the director 44995
of the agency may request the Director of Budget and Management to 44996
authorize additional expenditures to return the unspent cash to 44997
the grantor. Upon approval of the Director of Budget and 44998
Management, the additional amounts are hereby appropriated.44999

       Section 503.20. (A) As used in this section, "participating 45000
private party" means any person or private entity that is allowed 45001
to request a criminal records check pursuant to division (A)(2) or 45002
(3) of section 109.572 of the Revised Code.45003

       (B) In addition to the authority granted by section 109.5721 45004
of the Revised Code, the Superintendent of the Bureau of Criminal 45005
Identification and Investigation may operate the retained 45006
applicant fingerprint database established by that section and 45007
take any other actions the Superintendent determines is necessary 45008
in response to requests made by a participating private party 45009
pursuant to division (A)(2) or (3) of section 109.572 of the 45010
Revised Code.45011

       (C) In connection with a request made pursuant to division 45012
(A)(2) or (3) of section 109.572 of the Revised Code, a 45013
participating private party may take any action permitted to be 45014
taken by a participating public office and shall take any action 45015
required to be taken by a participating public office pursuant to 45016
section 109.5721 of the Revised Code.45017

       (D) The Director of Budget and Management may authorize 45018
expenditures from appropriation item 651680 Health Care Grants – 45019
Federal, to pay for costs associated with the administration of 45020
the Medicaid program, including the development of the retained 45021
applicant fingerprint database, in response to requests made in 45022
accordance with section 109.5721 and division (A)(2) or (3) of 45023
section 109.572 of the Revised Code. 45024

       Section 503.30.  CLEAN OHIO CONSERVATION GRANT REPAYMENTS45025

       Any grant repayment received by the Public Works Commission 45026
and deposited into the Clean Ohio Conservation Fund (Fund 7056) 45027
pursuant to section 164.261 of the Revised Code is hereby 45028
appropriated in appropriation item C15060, Clean Ohio 45029
Conservation.45030

       Section 509.10. REESTABLISHING ENCUMBRANCES THAT USE OUTDATED 45031
EXPENSE ACCOUNT CODES45032

       On or after January 1, 2015, should the Director of Budget 45033
and Management elect to update expense account codes pursuant to 45034
the authority granted in division (A)(2) of section 126.21 of the 45035
Revised Code, the Director may cancel any existing operating or 45036
capital encumbrances from prior fiscal years that reference 45037
outdated expense account codes and, if needed, reestablish them 45038
against the same appropriation items referencing updated expense 45039
account codes. The reestablished encumbrance amounts are hereby 45040
appropriated. Any business commenced but not completed under the 45041
prior encumbrances by January 1, 2015, shall be completed under 45042
the new encumbrances in the same manner and with the same effect 45043
as if it was completed with regard to the old encumbrances. 45044

       Section 509.20. The Department of Natural Resources is hereby 45045
authorized, pursuant to and consistent with the requirements of 45046
Chapter 127. of the Revised Code, to use moneys appropriated to it 45047
from the Ohio Parks and Natural Resources Fund (Fund 7031) and the 45048
Parks and Recreation Improvement Fund (Fund 7035) for capital 45049
projects, including, but not limited to, improvements or 45050
renovations on land or property owned by the department but used 45051
and operated, under a lease or other agreement, by an entity other 45052
than the department. No moneys shall be released under the 45053
authority of this section until the Director of Natural Resources 45054
has certified in writing to the Director of the Office of Budget 45055
and Management that the project will enhance the use and enjoyment 45056
of Ohio's state parks and natural resources.45057

       Section 512.10. On July 1, 2014, or as soon as possible 45058
thereafter, the Director of Budget and Management shall transfer 45059
the cash balance in the Education Endowment Fund (Fund P087) to 45060
the Education Facilities Trust Fund (Fund N087). Upon completion 45061
of the transfer, Fund P087 is abolished.45062

       Section 512.20. On July 1, 2014, or as soon as possible 45063
thereafter, the Director of Budget and Management shall transfer 45064
the cash balance in the Healthcare Services Fund (Fund 3W50), 45065
Healthy Ohioans Initiatives Fund (Fund 5BL0), Alcohol Testing 45066
Program Fund (Fund 5C00), TANF Family Planning Fund (Fund 5C10), 45067
Poison Control Fund (Fund 5CB0), Sewage Treatment System 45068
Innovation Fund (Fund 5CJ0), and the Health Emergency Fund (Fund 45069
5EC0) to the General Revenue Fund. Upon the completion of these 45070
transfers, Fund 3W50, Fund 5BL0, Fund 5C00, Fund 5C10, Fund 5CB0, 45071
Fund 5CJ0, and Fund 5EC0 are abolished.45072

       Section 512.30. ABOLISHMENT OF INACTIVE FUNDS USED BY THE 45073
DEPARTMENT OF JOB AND FAMILY SERVICES45074

       Within ninety days of the effective date of this section, or 45075
as soon as possible thereafter, the Director of Budget and 45076
Management shall transfer all cash in the following funds to the 45077
Administration and Operating Fund (Fund 5DM0) used by the 45078
Department of Job and Family Services: 45079

       The State and Local Training Fund (Fund 3160), 45080

       The Job Training Program Fund (Fund 3650), 45081

       The Income Maintenance Reimbursement Fund (Fund 3A10), 45082

       The ABD Managed Care – Federal Fund (Fund 3AZ0),45083

       The Children's Hospitals – Federal Fund (Fund 3BB0), 45084

       The Ford Foundation Reimbursement Fund (Fund 3G90),45085

       The TANF – Employment & Training Fund (Fund 3S90), 45086

       The HIPPY Program Fund (Fund 3W80), 45087

       The Adoption Connection Fund (Fund 3W90),45088

       The Interagency Programs Fund (Fund 4G10),45089

       The Welfare Overpayment Intercept Fund (Fund 4K70),45090

       The Wellness Block Grant Fund (Fund 4N70),45091

       The Banking Fees Fund (Fund 4R30),45092

       The BCII Service Fees Fund (Fund 4R40),45093

       The Child Support Activities Fund (Fund 4V20),45094

       The BES Automation Administration Fund (Fund 5A50),45095

       The Public Assistance Reconciliation Fund (Fund 5AX0),45096

       The Child Support Operating Fund (Fund 5BE0),45097

       The ABD Managed Care – State Fund (Fund 5BZ0),45098

       The Private Child Care Agencies Training Fund (Fund 5E40),45099

       The EBT Contracted Services Fund (Fund 5E50),45100

       The State Option Food Stamp Program Fund (Fund 5E60),45101

       The BES Building Consolidation Fund (Fund 5F20),45102

       The BES Building Enhancement Fund (Fund 5F30),45103

       The Commission on Fatherhood Fund (Fund 5G30),45104

       The Child & Adult Protective Services Fund (Fund 5GV0),45105

       The Child Support Supplement Fund (Fund 5K60),45106

       The OhioWorks Supplement Fund (Fund 5L40),45107

       The County Technologies Fund (Fund 5N10),45108

       The TANF Child Welfare Fund (Fund 5P40),45109

       The Medicaid Admin Reimbursement Fund (Fund 5P60),45110

       The Child Support Special Payment Fund (Fund 5T20),45111

       The Federal Fiscal Relief Fund (Fund 5Y90),45112

       The Health Care Grants Fund (Fund 5Z50),45113

       The TANF QC Reinvestment Fund (Fund 5Z90),45114

       The Third Party Recoveries Fund (Fund 6000),45115

       The Training Activities Fund (Fund 6130), and45116

       The Ford Foundation Fund (Fund 6A70).45117

Upon completion of the transfers, all the aforementioned funds 45118
listed in this section (except Fund 5DM0) are hereby abolished.45119

       Within ninety days after the effective date of this section, 45120
or as soon as possible thereafter, the Director of Budget and 45121
Management shall transfer all cash in the OhioCare Fund (Fund 45122
4X30), the Human Services Stabilization Fund (Fund 4Z70), and the 45123
Managed Care Assessment Fund (Fund 5BG0) to the General Revenue 45124
Fund. Upon completion of the transfers, Fund 4X30, Fund 4Z70, and 45125
Fund 5BG0 are hereby abolished.45126

       Section 512.40. On July 1, 2014, or as soon as possible 45127
thereafter, the Director of Budget and Management shall transfer 45128
the cash balance in the Nursing Facility Technical Assistance Fund 45129
(Fund 5L10), to the Residents Protection Fund (Fund 4E30). Upon 45130
completion of the transfer, Fund 5L10 is abolished.45131

       Section 515.10. For purposes of the transfer by this act of 45132
the Agricultural Pollution Abatement Program established prior to 45133
the effective date of the amendment of the statutes governing the 45134
program by this act under Chapter 1511. of the Revised Code from 45135
the Department of Natural Resources to the Department of 45136
Agriculture, all of the following apply:45137

       (A) The Director of Natural Resources shall enter into a 45138
memorandum of understanding with the Director of Agriculture 45139
regarding the transfer of the Program.45140

       (B) On the date on which the two Directors sign a memorandum 45141
of understanding under division (A) of this section, the Director 45142
of Natural Resources shall provide the Director of Agriculture 45143
with both of the following:45144

       (1) Copies of all operation and management plans, or 45145
applicable portions of such plans, developed or approved by the 45146
Chief of the Division of Soil and Water Resources under Chapter 45147
1511. of the Revised Code or the supervisors of a soil and water 45148
conservation district under Chapter 1515. of the Revised Code for 45149
the abatement of the degradation of the waters of the state by 45150
manure, including attached substances, that were developed or 45151
approved prior to the effective date of the amendment of the 45152
statutes governing the Program by this act;45153

       (2) Copies of all operation and management plans, or 45154
applicable portions of such plans, and accompanying information 45155
that were submitted for approval by the Chief or the supervisors 45156
of a soil and water conservation district under Chapter 1511. or 45157
1515. of the Revised Code, as applicable, prior to the effective 45158
date of the amendment of the statutes governing the Program by 45159
this act for the abatement of the degradation of the waters of the 45160
state by manure, including attached substances.45161

       (C) Any business commenced but not completed by the Chief of 45162
the Division of Soil and Water Resources relating to the Program 45163
on the effective date of the amendment of the statutes governing 45164
the Program by this act shall be completed by the Director of 45165
Agriculture. Any validation, cure, right, privilege, remedy, 45166
obligation, or liability is not lost or impaired solely by reason 45167
of the transfer required by this act and shall be administered by 45168
the Director of Agriculture in accordance with this act.45169

       (D) All of the orders and determinations of the Chief of the 45170
Division of Soil and Water Resources relating to the Agricultural 45171
Pollution Abatement Program continue in effect as orders and 45172
determinations of the Director of Agriculture until modified or 45173
rescinded by the Director.45174

       (E) Whenever the Division of Soil and Water Resources or the 45175
Chief of the Division of Soil and Water Resources, in relation to 45176
the Program, is referred to in any law, contract, or other 45177
document, the reference shall be deemed to refer to the Department 45178
of Agriculture or to the Director of Agriculture, whichever is 45179
appropriate in context.45180

       (F) Any action or proceeding pending on the effective date of 45181
the amendment of the statutes governing the Program by this act is 45182
not affected by the transfer of the functions of that Program by 45183
this act and shall be prosecuted or defended in the name of the 45184
Department of Agriculture. In all such actions and proceedings, 45185
the Department of Agriculture, upon application to the court, 45186
shall be substituted as a party.45187

       (G) As used in this section:45188

       (1) "Soil and water conservation district" has the same 45189
meaning as in section 1515.01 of the Revised Code.45190

       (2) "Waters of the state" and "operation and management plan" 45191
have the same meanings as in section 1511.01 of the Revised Code.45192

       (3) "Manure" and "nutrient management plan" have the same 45193
meanings as in section 939.01 of the Revised Code.45194

       Section 610.10. That Section 1 of Sub. H.B. 34 of the 130th 45195
General Assembly, as amended by Am. Sub. H.B. 59 of the 130th 45196
General Assembly, be amended to read as follows:45197

       Sec. 1. All items in this section are hereby appropriated out 45198
of any moneys in the state treasury to the credit of the 45199
designated fund. For all appropriations made in this act, those in 45200
the first column are for fiscal year 2014, and those in the second 45201
column are for fiscal year 2015.45202

FND AI AI TITLE Appropriations 45203

BWC BUREAU OF WORKERS' COMPENSATION
45204

Workers' Compensation Fund Group45205

7023 855401 William Green Lease Payments to OBA $ 16,026,100 $ 0 45206
7023 855407 Claims, Risk and Medical Management $ 118,338,586 $ 118,338,586 45207
7023 855408 Fraud Prevention $ 12,114,226 $ 12,114,226 45208
7023 855409 Administrative Services $ 105,857,276 $ 105,357,276 45209
7023 855410 Attorney General Payments $ 4,621,850 $ 4,621,850 45210
8220 855606 Coal Workers' Fund $ 147,666 $ 147,666 45211
8230 855608 Marine Industry $ 75,527 $ 75,527 45212
8250 855605 Disabled Workers Relief Fund $ 319,718 $ 319,718 45213
8260 855609 Safety and Hygiene Operating $ 21,661,132 $ 21,661,132 45214
8260 855610 Safety Grants $ 15,000,000 $ 15,000,000 45215
8290 855604 Long Term Care Loan Program $ 100,000 $ 100,000 45216
TOTAL WCF Workers' Compensation 45217
Fund Group $ 294,262,081 $ 277,735,981 45218

Federal Special Revenue Fund Group45219

3490 855601 OSHA Enforcement $ 1,731,000 $ 1,731,000 45220
3FW0 855614 BLS SOII Grant $ 116,919 $ 116,919 45221
TOTAL FED Federal Special Revenue Fund Group $ 1,847,919 $ 1,847,919 45222
TOTAL ALL BUDGET FUND GROUPS $ 296,110,000 $ 279,583,900 45223

       WILLIAM GREEN LEASE PAYMENTS45224

       Of the foregoing appropriation item 855401, William Green 45225
Lease Payments, up to $16,026,100 shall be used to make lease 45226
payments to the Treasurer of State at the times they are required 45227
to be made during the period from July 1, 2013 to June 30, 2015, 45228
pursuant to leases and agreements made under section 154.24 of the 45229
Revised Code. If it is determined that additional appropriations 45230
are necessary for such purpose, such amounts are hereby 45231
appropriated.45232

       WORKERS' COMPENSATION FRAUD UNIT45233

       Of the foregoing appropriation item 855410, Attorney General 45234
Payments, $828,200 in each fiscal year shall be used to fund the 45235
expenses of the Workers' Compensation Fraud Unit within the 45236
Attorney General's Office. These payments shall be processed at 45237
the beginning of each quarter of each fiscal year and deposited 45238
into the Workers' Compensation Section Fund (Fund 1950) used by 45239
the Attorney General.45240

       SAFETY AND HYGIENE45241

       Notwithstanding section 4121.37 of the Revised Code, the 45242
Treasurer of State shall transfer $21,661,132 cash in fiscal year 45243
2014 and $21,661,132 cash in fiscal year 2015 from the State 45244
Insurance Fund to the Safety and Hygiene Fund (Fund 8260).45245

       OSHA ON-SITE CONSULTATION PROGRAM45246

        The Bureau of Workers' Compensation may designate a portion 45247
of appropriation item 855609, Safety and Hygiene Operating, to be 45248
used to match federal funding for the federal Occupational Safety 45249
and Health Administration's (OSHA) on-site consultation program.45250

       VOCATIONAL REHABILITATION45251

       The Bureau of Workers' Compensation and the Opportunities for 45252
Ohioans with Disabilities Agency shall enter into an interagency 45253
agreement for the provision of vocational rehabilitation services 45254
and staff to mutually eligible clients. The bureau may provide not 45255
more than $605,407 in fiscal year 2014 and not more than $605,407 45256
in fiscal year 2015 from the State Insurance Fund to fund 45257
vocational rehabilitation services and staff in accordance with 45258
the interagency agreement.45259

       FUND BALANCE45260

       Any unencumbered cash balance in excess of $45,000,000 in the 45261
Workers' Compensation Fund (Fund 7023) on the thirtieth day of 45262
June of each fiscal year shall be used to reduce the 45263
administrative cost rate charged to employers to cover 45264
appropriations for Bureau of Workers' Compensation operations.45265

       Section 610.11. That Section 1 of Sub. H.B. 34 of the 130th 45266
General Assembly, as amended by Am. Sub. H.B. 59 of the 130th 45267
General Assembly, is hereby repealed.45268

       Section 610.20. That Sections 207.10, 209.30, 211.10, 221.10, 45269
241.10, 257.10, 259.10, 263.10, 263.230, 263.240, 263.250, 45270
263.270, 263.325, 275.10, 282.10, 282.30, 285.10, 285.20, 301.10, 45271
327.10, 327.83, 333.10, 333.80, 340.10, 359.10, 363.10, 363.120, 45272
363.190, 363.200, 365.10, 371.10, 395.10, 403.10, 512.80, and 45273
751.10 of Am. Sub. H.B. 59 of the 130th General Assembly be 45274
amended to read as follows:45275

       Sec. 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES45276

General Revenue Fund45277

GRF 100403 Public Employees Health Care Program $ 309,600 $ 309,600 45278
GRF 100414 MARCS Lease Rental Payments $ 5,133,700 $ 5,135,800 45279
GRF 100415 OAKS Lease Rental Payments $ 22,998,500 $ 22,982,500 45280
GRF 100416 STARS Lease Rental Payments $ 4,976,500 $ 4,973,200 45281
GRF 100447 Administrative Building Lease Rental Payments $ 85,847,800 83,847,800 $ 91,059,600 45282
GRF 100448 Office Building Operating Payments $ 20,000,000 $ 20,000,000 45283
GRF 100449 DAS - Building Operating Payments $ 7,551,571 $ 7,551,571 45284
GRF 100452 Lean Ohio $ 1,059,624 $ 1,059,624 45285
GRF 100456 State IT Services $ 1,739,038 $ 1,739,038 45286
GRF 100457 Equal Opportunity Services $ 1,910,516 $ 1,910,516 45287
GRF 100459 Ohio Business Gateway $ 4,049,094 $ 4,049,094 45288
GRF 130321 State Agency Support Services $ 2,477,008 $ 2,477,008 45289
TOTAL GRF General Revenue Fund $ 158,052,951 156,052,951 $ 163,247,551 45290

General Services Fund Group45291

1120 100616 DAS Administration $ 6,127,659 $ 6,147,659 45292
1150 100632 Central Service Agency $ 911,580 $ 927,699 45293
1170 100644 General Services Division - Operating $ 12,993,870 $ 12,993,870 45294
1220 100637 Fleet Management $ 4,200,000 $ 4,200,000 45295
1250 100622 Human Resources Division - Operating $ 17,749,839 $ 17,749,839 45296
1250 100657 Benefits Communication $ 712,316 $ 712,316 45297
1280 100620 Office of Collective Bargaining $ 3,329,507 $ 3,329,507 45298
1300 100606 Risk Management Reserve $ 6,635,784 $ 6,635,784 45299
1320 100631 DAS Building Management $ 19,343,170 $ 19,343,170 45300
1330 100607 IT Services Delivery $ 57,521,975 $ 57,521,975 45301
1880 100649 Equal Opportunity Division - Operating $ 863,013 $ 863,013 45302
2100 100612 State Printing $ 20,459,526 $ 20,459,526 45303
2290 100630 IT Governance $ 16,446,474 $ 16,446,474 45304
2290 100640 Leveraged Enterprise Purchases $ 7,065,639 $ 7,065,639 45305
4270 100602 Investment Recovery $ 1,618,062 $ 1,638,515 45306
4N60 100617 Major IT Purchases $ 56,888,635 $ 56,888,635 45307
4P30 100603 DAS Information Services $ 6,400,070 $ 6,400,070 45308
5C20 100605 MARCS Administration $ 14,292,596 $ 14,512,028 45309
5C30 100608 Minor Construction Project Management $ 1,004,375 $ 1,004,375 45310
5EB0 100635 OAKS Support Organization $ 25,813,077 $ 19,813,077 45311
5EB0 100656 OAKS Updates and Developments $ 9,886,923 $ 2,636,923 45312
5HU0 100655 Construction Reform Demo Compliance $ 150,000 $ 150,000 45313
5KZ0 100659 Building Improvement $ 500,000 $ 500,000 45314
5L70 100610 Professional Development $ 2,100,000 $ 2,100,000 45315
5LA0 100660 Building Operation $ 26,600,767 $ 26,814,648 45316
5LJ0 100661 IT Development $ 13,200,000 $ 13,200,000 45317
5V60 100619 Employee Educational Development $ 800,000 $ 800,000 45318
TOTAL GSF General Services Fund 45319
Group $ 333,614,857 $ 320,854,742 45320

Federal Special Revenue Fund Group45321

3AJ0 100654 ARRA Broadband Mapping Grant $ 1,723,009 $ 1,723,009 45322
TOTAL FED Federal Special Revenue 45323
Fund Group $ 1,723,009 $ 1,723,009 45324

State Special Revenue Fund Group45325

5JQ0 100658 Professionals Licensing System $ 3,028,366 $ 990,000 45326
5MV0 100662 Theater Equipment Maintenance $ 80,891 $ 80,891 45327
5NM0 100663 911 Program $ 290,000 $ 290,000 45328
TOTAL SSR State Special Revenue 45329
Fund Group $ 3,399,257 $ 1,360,891 45330
TOTAL ALL BUDGET FUND GROUPS $ 496,790,074 494,790,074 $ 487,186,193 45331


       Sec. 209.30.  LONG-TERM CARE OMBUDSMAN45333

       The foregoing appropriation item 490410, Long-Term Care 45334
Ombudsman, shall be used to fund ombudsman program activities as 45335
authorized in sections 173.14 to 173.27 and section 173.99 of the 45336
Revised Code.45337

       The State Ombudsman may explore the design of a payment 45338
method for the Ombudsman Program that includes a 45339
pay-for-performance incentive component that is earned by 45340
designated regional long-term care ombudsman programs. 45341

       MYCARE OHIO45342

       The foregoing appropriation items 490410, Long-Term Care 45343
Ombudsman, 490618, Federal Aging Grants, 490612, Federal 45344
Independence Services, 490609, Regional Long-Term Care Ombudsman 45345
Program, and 490620, Ombudsman Support, may be used by the Office 45346
of the State Long-Term Care Ombudsman to provide ombudsman program 45347
activities as described in sections 173.14 to 173.27 and section 45348
173.99 of the Revised Code to consumers participating in MyCare 45349
Ohio.45350

       SENIOR COMMUNITY SERVICES45351

       The foregoing appropriation item 490411, Senior Community 45352
Services, shall be used for services designated by the Department 45353
of Aging, including, but not limited to, home-delivered and 45354
congregate meals, transportation services, personal care services, 45355
respite services, adult day services, home repair, care 45356
coordination, prevention and disease self-management, and decision 45357
support systems. Service priority shall be given to low income, 45358
frail, and cognitively impaired persons 60 years of age and over. 45359
The department shall promote cost sharing by service recipients 45360
for those services funded with senior community services funds, 45361
including, when possible, sliding-fee scale payment systems based 45362
on the income of service recipients.45363

       ALZHEIMER'S RESPITE45364

       The foregoing appropriation item 490414, Alzheimer's Respite, 45365
shall be used to fund only Alzheimer's disease services under 45366
section 173.04 of the Revised Code.45367

       NATIONAL SENIOR SERVICE CORPS45368

       The foregoing appropriation item 490506, National Senior 45369
Service Corps, shall be used by the Department of Aging to fund 45370
grants for three Corporation for National and Community 45371
Service/Senior Corps programs: the Foster Grandparents Program, 45372
the Senior Companion Program, and the Retired Senior Volunteer 45373
Program. A recipient of these grant funds shall use the funds to 45374
support priorities established by the Department and the Ohio 45375
State Office of the Corporation for National and Community 45376
Service. The expenditure of these funds by any grant recipient 45377
shall be in accordance with Senior Corps policies and procedures, 45378
as stated in the Domestic Volunteer Service Act of 1973, as 45379
amended. Neither the Department nor any area agencies on aging 45380
that are involved in the distribution of these funds to 45381
lower-tiered grant recipients may use any portion of these funds 45382
to cover administrative costs. 45383

       SENIOR COMMUNITY OUTREACH AND EDUCATION45384

       The foregoing appropriation item 490606, Senior Community 45385
Outreach and Education, may be used to provide training to workers 45386
in the field of aging pursuant to division (G) of section 173.02 45387
of the Revised Code.45388

       TRANSFER OF APPROPRIATIONS - FEDERAL INDEPENDENCE SERVICES 45389
AND FEDERAL AGING GRANTS45390

       At the request of the Director of Aging, the Director of 45391
Budget and Management may transfer appropriation between 45392
appropriation items 490612, Federal Independence Services, and 45393
490618, Federal Aging Grants. The amounts transferred shall not 45394
exceed 30 per cent of the appropriation from which the transfer is 45395
made. Any transfers shall be reported by the Department of Aging 45396
to the Controlling Board at the next scheduled meeting of the 45397
board.45398

       REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM45399

       The foregoing appropriation item 490609, Regional Long-Term 45400
Care Ombudsman Program, shall be used to pay the costs of 45401
operating the regional long-term care ombudsman programs 45402
designated by the State Long-Term Care Ombudsman.45403

       TRANSFER OF RESIDENT PROTECTION FUNDS45404

       In each fiscal year, the Director of Budget and Management 45405
may transfer up to $1,250,000 cash from the Resident Protection 45406
Fund (Fund 4E30), which is used by the Department of Medicaid, to 45407
the Ombudsman Support Fund (Fund 5BA0), which is used by the 45408
Department of Aging.45409

       The Director of Aging and the Office of the State Long-Term 45410
Care Ombudsman may use moneys in the Ombudsman Support Fund (Fund 45411
5BA0) to implement a nursing home quality initiative as specified 45412
in section 173.60 of the Revised Code.45413

       LONG-TERM CARE CONSUMERS GUIDE45414

        The foregoing appropriation item 490613, Long-Term Care 45415
Consumers Guide, shall be used to conduct annual consumer 45416
satisfaction surveys and to pay for other administrative expenses 45417
related to the publication of the Ohio Long-Term Care Consumer 45418
Guide.45419

       CASH TRANSFER FROM THE GENERAL OPERATIONS FUND TO THE BOARD 45420
OF EXECUTIVES OF LONG-TERM SERVICES AND SUPPORTS FUND45421

       On July 1, 2013, or as soon as possible thereafter, the 45422
Director of Health shall certify to the Director of Budget and 45423
Management the cash balance relating to the Board of Examiners of 45424
Nursing Home Administrators in the General Operations Fund (Fund 45425
4700), used by the Department of Health. Upon receiving this 45426
certification, the Director of Budget and Management may transfer 45427
this cash from the General Operations Fund (Fund 4700) to the 45428
Board of Executives of Long-Term Services and Supports Fund (Fund 45429
5MT0), used by the Department of Aging. If this transfer occurs, 45430
the Director of Budget and Management shall cancel any existing 45431
encumbrances pertaining to the Board of Examiners of Nursing Home 45432
Administrators against appropriation item 440647, Fee Supported 45433
Programs, and re-establish them against appropriation item 490627, 45434
Board of Executives of LTSS. The re-established encumbrance 45435
amounts are hereby appropriated.45436

       Sec. 211.10. AGR DEPARTMENT OF AGRICULTURE45437

General Revenue Fund45438

GRF 700401 Animal Disease Control $ 3,936,687 $ 3,936,687 45439
GRF 700403 Dairy Division $ 1,088,115 $ 1,088,115 45440
GRF 700404 Ohio Proud $ 50,000 $ 50,000 45441
GRF 700406 Consumer Analytical Lab $ 1,287,556 $ 1,287,556 45442
GRF 700407 Food Safety $ 848,792 $ 848,792 45443
GRF 700409 Farmland Preservation $ 72,750 $ 72,750 45444
GRF 700412 Weights and Measures $ 600,000 $ 600,000 45445
GRF 700415 Poultry Inspection $ 592,978 $ 592,978 45446
GRF 700418 Livestock Regulation Program $ 1,108,071 $ 1,108,071 1,259,484 45447
GRF 700424 Livestock Testing and Inspections $ 102,770 $ 102,770 45448
GRF 700426 Dangerous and Restricted Animals $ 800,000 $ 800,000 45449
GRF 700427 High Volume Breeder Kennel Control $ 400,000 $ 200,000 45450
GRF 700499 Meat Inspection Program - State Share $ 4,175,097 $ 4,175,097 45451
GRF 700501 County Agricultural Societies $ 391,415 $ 391,415 45452
TOTAL GRF General Revenue Fund $ 15,454,231 $ 15,254,231 15,405,644 45453

General Services Fund Group45454

5DA0 700644 Laboratory Administration Support $ 1,115,000 $ 1,115,000 45455
5GH0 700655 Central Support Indirect Cost $ 4,368,013 $ 4,404,073 45456
TOTAL GSF General Services Fund Group $ 5,483,013 $ 5,519,073 45457

Federal Special Revenue Fund Group45458

3260 700618 Meat Inspection Program - Federal Share $ 4,450,000 $ 4,450,000 45459
3360 700617 Ohio Farm Loan Revolving Fund $ 150,000 $ 150,000 45460
3820 700601 Cooperative Contracts $ 4,500,000 $ 4,500,000 45461
3AB0 700641 Agricultural Easement $ 1,000,000 $ 1,000,000 45462
3J40 700607 Indirect Cost $ 1,100,000 $ 1,100,000 45463
3R20 700614 Federal Plant Industry $ 1,606,000 $ 1,606,000 45464
TOTAL FED Federal Special Revenue 45465
Fund Group $ 12,806,000 $ 12,806,000 45466

State Special Revenue Fund Group45467

4900 700651 License Plates - Sustainable Agriculture $ 10,000 $ 10,000 45468
4940 700612 Agricultural Commodity Marketing Program $ 218,000 $ 213,000 45469
4960 700626 Ohio Grape Industries $ 970,000 $ 970,000 45470
4970 700627 Commodity Handlers Regulatory Program $ 482,672 $ 482,672 45471
4C90 700605 Commercial Feed and Seed $ 1,760,000 $ 1,760,000 45472
4D20 700609 Auction Education $ 35,000 $ 35,000 45473
4E40 700606 Utility Radiological Safety $ 130,000 $ 130,000 45474
4P70 700610 Food Safety Inspection $ 1,017,328 $ 1,017,328 45475
4R00 700636 Ohio Proud Marketing $ 45,500 $ 45,500 45476
4R20 700637 Dairy Industry Inspection $ 1,738,247 $ 1,738,247 45477
4T60 700611 Poultry and Meat Inspection $ 120,000 $ 120,000 45478
5780 700620 Ride Inspection Fees $ 1,175,142 $ 1,175,142 45479
5880 700633 Brand Registration $ 5,000 $ 5,000 45480
5B80 700629 Auctioneers $ 340,000 $ 340,000 45481
5CP0 700652 License Plate Scholarships $ 10,000 $ 10,000 45482
5FC0 700648 Plant Pest Program $ 1,190,000 $ 1,190,000 45483
5H20 700608 Metrology Lab and Scale Certification $ 552,000 $ 552,000 45484
5L80 700604 Livestock Management Program $ 145,000 $ 145,000 45485
5MA0 700657 Dangerous and Restricted Animals $ 195,000 $ 195,000 45486
6520 700634 Animal and Consumer Analytical Laboratory $ 4,966,383 $ 4,966,383 45487
6690 700635 Pesticide, Fertilizer, and Lime Inspection Program $ 3,418,041 $ 3,418,041 45488
TOTAL SSR State Special Revenue 45489
Fund Group $ 18,523,313 $ 18,518,313 45490

Clean Ohio Conservation Fund Group45491

7057 700632 Clean Ohio Agricultural Easement $ 310,000 $ 310,000 45492
TOTAL CLF Clean Ohio Conservation Fund Group $ 310,000 $ 310,000 45493

TOTAL ALL BUDGET FUND GROUPS $ 52,576,557 $ 52,407,617 52,559,030 45494

       DANGEROUS AND RESTRICTED WILD ANIMALS45495

       The foregoing GRF appropriation item 700426, Dangerous and 45496
Restricted Animals, shall be used to administer the Dangerous and 45497
Restricted Wild Animal Permitting Program.45498

       COUNTY AGRICULTURAL SOCIETIES45499

       The foregoing appropriation item 700501, County Agricultural 45500
Societies, shall be used to reimburse county and independent 45501
agricultural societies for expenses related to Junior Fair 45502
activities.45503

       CLEAN OHIO AGRICULTURAL EASEMENT45504

       The foregoing appropriation item 700632, Clean Ohio 45505
Agricultural Easement, shall be used by the Department of 45506
Agriculture in administering Ohio Agricultural Easement Fund (Fund 45507
7057) projects pursuant to sections 901.21, 901.22, and 5301.67 to 45508
5301.70 of the Revised Code.45509

       Sec. 221.10. AGO ATTORNEY GENERAL45510

General Revenue Fund45511

GRF 055321 Operating Expenses $ 42,514,169 $ 43,114,169 45512
GRF 055405 Law-Related Education $ 100,000 $ 100,000 45513
GRF 055407 Tobacco Settlement Enforcement $ 1,500,000 $ 1,500,000 0 45514
GRF 055411 County Sheriffs' Pay Supplement $ 757,921 $ 757,921 45515
GRF 055415 County Prosecutors' Pay Supplement $ 831,499 $ 831,499 45516
GRF 055501 Rape Crisis Centers $ 1,000,000 $ 1,000,000 45517
TOTAL GRF General Revenue Fund $ 46,703,589 $ 47,303,589 45,803,589 45518

General Services Fund Group45519

1060 055612 General Reimbursement Attorney General Operating $ 54,806,192 $ 55,820,716 45520
1950 055660 Workers' Compensation Section $ 8,415,504 $ 8,415,504 45521
4180 055615 Charitable Foundations $ 8,286,000 $ 8,286,000 45522
4200 055603 Attorney General Antitrust $ 1,839,074 $ 1,839,074 45523
4210 055617 Police Officers' Training Academy Fee $ 500,000 $ 500,000 45524
4Z20 055609 BCI Asset Forfeiture and Cost Reimbursement $ 1,000,000 $ 1,000,000 45525
5900 055633 Peace Officer Private Security Fund $ 79,438 $ 95,325 45526
5A90 055618 Telemarketing Fraud Enforcement $ 45,000 $ 10,000 45527
5L50 055619 Law Enforcement Assistance Program $ 375,255 $ 187,627 45528
5LR0 055655 Peace Officer Training - Casino $ 4,629,409 $ 4,629,409 45529
5MP0 055657 Peace Officer Training Commission $ 25,000 $ 25,000 45530
6310 055637 Consumer Protection Enforcement $ 6,700,000 $ 6,834,000 45531
TOTAL GSF General Services Fund 45532
Group $ 86,700,872 $ 87,642,655 45533

Federal Special Revenue Fund Group45534

3060 055620 Medicaid Fraud Control $ 4,537,408 $ 4,628,156 45535
3810 055611 Civil Rights Legal Service $ 75,000 $ 35,574 45536
3830 055634 Crime Victims Assistance $ 15,000,000 $ 15,000,000 45537
3E50 055638 Attorney General Pass-Through Funds $ 599,999 $ 599,999 45538
3FV0 055656 Crime Victim Compensation $ 7,000,000 $ 7,000,000 45539
3R60 055613 Attorney General Federal Funds $ 999,999 $ 999,999 45540
TOTAL FED Federal Special Revenue 45541
Fund Group $ 28,212,406 $ 28,263,728 45542

State Special Revenue Fund Group45543

4020 055616 Victims of Crime $ 16,456,769 $ 16,456,769 45544
4190 055623 Claims Section $ 55,920,716 $ 56,937,131 45545
4L60 055606 DARE Programs $ 3,578,901 $ 3,486,209 45546
4Y70 055608 Title Defect Recision $ 600,000 $ 600,000 45547
6590 055641 Solid and Hazardous Waste Background Investigations $ 310,730 $ 310,730 45548
TOTAL SSR State Special Revenue 45549
Fund Group $ 76,867,116 $ 77,790,839 45550

Holding Account Redistribution Fund Group45551

R004 055631 General Holding Account $ 1,000,000 $ 1,000,000 45552
R005 055632 Antitrust Settlements $ 1,000 $ 1,000 45553
R018 055630 Consumer Frauds $ 750,000 $ 750,000 45554
R042 055601 Organized Crime Commission Distributions $ 25,025 $ 25,025 45555
R054 055650 Collection Payment Redistribution $ 4,500,000 $ 4,500,000 45556
TOTAL 090 Holding Account 45557
Redistribution Fund Group $ 6,276,025 $ 6,276,025 45558

Tobacco Master Settlement Agreement Fund Group45559

U087 055402 Tobacco Settlement Oversight, Administration, and Enforcement $ 500,000 $ 500,000 2,000,000 45560
TOTAL TSF Tobacco Master Settlement Agreement Fund Group $ 500,000 $ 500,000 2,000,000 45561
TOTAL ALL BUDGET FUND GROUPS $ 245,260,008 $ 247,776,836 45562

       OHIO BCI FORENSIC RESEARCH AND PROFESSIONAL TRAINING CENTER45563

        Of the foregoing appropriation item 055321, Operating 45564
Expenses, $600,000 in fiscal year 2015 shall be used to create the 45565
Ohio BCI Forensic Research and Professional Training Center at 45566
Bowling Green State University. The purpose of the Center shall be 45567
to foster forensic science research techniques (BCI Eminent 45568
Scholar) and to create professional training opportunities to 45569
students (BCI Scholars) in the forensic science fields.45570

       COUNTY SHERIFFS' PAY SUPPLEMENT45571

        The foregoing appropriation item 055411, County Sheriffs' Pay 45572
Supplement, shall be used for the purpose of supplementing the 45573
annual compensation of county sheriffs as required by section 45574
325.06 of the Revised Code.45575

       At the request of the Attorney General, the Director of 45576
Budget and Management may transfer appropriation from 45577
appropriation item 055321, Operating Expenses, to appropriation 45578
item 055411, County Sheriffs' Pay Supplement. Any appropriation so 45579
transferred shall be used to supplement the annual compensation of 45580
county sheriffs as required by section 325.06 of the Revised Code.45581

       COUNTY PROSECUTORS' PAY SUPPLEMENT45582

       The foregoing appropriation item 055415, County Prosecutors' 45583
Pay Supplement, shall be used for the purpose of supplementing the 45584
annual compensation of certain county prosecutors as required by 45585
section 325.111 of the Revised Code.45586

       At the request of the Attorney General, the Director of 45587
Budget and Management may transfer appropriation from 45588
appropriation item 055321, Operating Expenses, to appropriation 45589
item 055415, County Prosecutors' Pay Supplement. Any appropriation 45590
so transferred shall be used to supplement the annual compensation 45591
of county prosecutors as required by section 325.111 of the 45592
Revised Code.45593

       CASH TRANSFER FROM THE GENERAL REVENUE FUND TO THE GENERAL 45594
REIMBURSEMENT FUND45595

        Notwithstanding any other provision of law to the contrary, 45596
on July 1, 2013, or as soon as possible thereafter, the Director 45597
of Budget and Management shall transfer $80,000 cash from the 45598
General Revenue Fund to the General Reimbursement Fund (Fund 45599
1060).45600

       WORKERS' COMPENSATION SECTION45601

       The Workers' Compensation Fund (Fund 1950) is entitled to 45602
receive payments from the Bureau of Workers' Compensation and the 45603
Ohio Industrial Commission at the beginning of each quarter of 45604
each fiscal year to fund legal services to be provided to the 45605
Bureau of Workers' Compensation and the Ohio Industrial Commission 45606
during the ensuing quarter. The advance payment shall be subject 45607
to adjustment.45608

       In addition, the Bureau of Workers' Compensation shall 45609
transfer payments at the beginning of each quarter for the support 45610
of the Workers' Compensation Fraud Unit.45611

       All amounts shall be mutually agreed upon by the Attorney 45612
General, the Bureau of Workers' Compensation, and the Ohio 45613
Industrial Commission.45614

       ATTORNEY GENERAL PASS-THROUGH FUNDS45615

        The foregoing appropriation item 055638, Attorney General 45616
Pass-Through Funds, shall be used to receive federal grant funds 45617
provided to the Attorney General by other state agencies, 45618
including, but not limited to, the Department of Youth Services 45619
and the Department of Public Safety.45620

       GENERAL HOLDING ACCOUNT45621

       The foregoing appropriation item 055631, General Holding 45622
Account, shall be used to distribute moneys under the terms of 45623
relevant court orders or other settlements received in a variety 45624
of cases involving the Office of the Attorney General. If it is 45625
determined that additional amounts are necessary for this purpose, 45626
the amounts are hereby appropriated.45627

        ANTITRUST SETTLEMENTS45628

       The foregoing appropriation item 055632, Antitrust 45629
Settlements, shall be used to distribute moneys under the terms of 45630
relevant court orders or other out of court settlements in 45631
antitrust cases or antitrust matters involving the Office of the 45632
Attorney General. If it is determined that additional amounts are 45633
necessary for this purpose, the amounts are hereby appropriated.45634

       CONSUMER FRAUDS45635

        The foregoing appropriation item 055630, Consumer Frauds, 45636
shall be used for distribution of moneys from court-ordered 45637
judgments against sellers in actions brought by the Office of 45638
Attorney General under sections 1334.08 and 4549.48 and division 45639
(B) of section 1345.07 of the Revised Code. These moneys shall be 45640
used to provide restitution to consumers victimized by the fraud 45641
that generated the court-ordered judgments. If it is determined 45642
that additional amounts are necessary for this purpose, the 45643
amounts are hereby appropriated.45644

       ORGANIZED CRIME COMMISSION DISTRIBUTIONS45645

        The foregoing appropriation item 055601, Organized Crime 45646
Commission Distributions, shall be used by the Organized Crime 45647
Investigations Commission, as provided by section 177.011 of the 45648
Revised Code, to reimburse political subdivisions for the expenses 45649
the political subdivisions incur when their law enforcement 45650
officers participate in an organized crime task force. If it is 45651
determined that additional amounts are necessary for this purpose, 45652
the amounts are hereby appropriated.45653

       COLLECTION PAYMENT REDISTRIBUTION45654

        The foregoing appropriation item 055650, Collection Payment 45655
Redistribution, shall be used for the purpose of allocating the 45656
revenue where debtors mistakenly paid the client agencies instead 45657
of the Attorney General's Collections Enforcement Section. If it 45658
is determined that additional amounts are necessary for this 45659
purpose, the amounts are hereby appropriated.45660

       OHIO LAW ENFORCEMENT TRAINING FUND RECOMMENDATIONS45661

       By September 1, 2013, the Attorney General, in consultation 45662
with state and local law enforcement agencies, shall submit to the 45663
President and Minority Leader of the Senate and the Speaker and 45664
Minority Leader of the House of Representatives a report 45665
recommending how to best use moneys collected from the gross 45666
casino revenue tax, pursuant to Section 6(C)(3)(f) of Article XV, 45667
Ohio Constitution, and how to best distribute such money for the 45668
purposes of enhancing public safety and providing additional 45669
training opportunities to the law enforcement community. The 45670
report shall expressly include a recommendation for sharing a 45671
portion of such moneys with local law enforcement agencies 45672
beginning in fiscal year 2015.45673

       CASH TRANSFERS FROM THE PRE-SECURITIZATION TOBACCO PAYMENTS 45674
FUND45675

       Notwithstanding section 512.20 of Am. Sub. H.B. 487 of the 45676
129th General Assembly, on July 1, 2014, or as soon as possible 45677
thereafter, the Director of Budget and Management may transfer up 45678
to $8,000,000 cash from the Pre-Securitization Tobacco Payments 45679
Fund (Fund 5LS0) to the Tobacco Oversight Administration and 45680
Enforcement Fund (Fund U087).45681

       Sec. 241.10. COM DEPARTMENT OF COMMERCE45682

General Services Fund Group45683

1630 800620 Division of Administration $ 6,200,000 $ 6,200,000 45684
1630 800637 Information Technology $ 6,011,977 $ 6,011,977 45685
5430 800602 Unclaimed Funds-Operating $ 7,737,546 $ 7,737,546 45686
5430 800625 Unclaimed Funds-Claims $ 64,000,000 $ 64,000,000 45687
5F10 800635 Small Government Fire Departments $ 300,000 $ 300,000 45688
TOTAL GSF General Services Fund 45689
Group $ 84,249,523 $ 84,249,523 45690

Federal Special Revenue Fund Group45691

3480 800622 Underground Storage Tanks $ 1,129,518 $ 1,129,518 45692
3480 800624 Leaking Underground Storage Tanks $ 1,556,211 $ 1,556,211 45693
TOTAL FED Federal Special Revenue 45694
Fund Group $ 2,685,729 $ 2,685,729 45695

State Special Revenue Fund Group45696

4B20 800631 Real Estate Appraisal Recovery $ 35,000 $ 35,000 45697
4H90 800608 Cemeteries $ 266,688 $ 266,688 45698
4X20 800619 Financial Institutions $ 1,854,298 $ 1,854,298 45699
5440 800612 Banks $ 6,836,589 $ 6,836,589 45700
5450 800613 Savings Institutions $ 2,259,536 $ 2,259,536 45701
5460 800610 Fire Marshal $ 17,336,990 $ 15,976,408 45702
5460 800639 Fire Department Grants $ 2,198,802 $ 2,198,802 5,198,802 45703
5470 800603 Real Estate Education/Research $ 69,655 $ 69,655 45704
5480 800611 Real Estate Recovery $ 50,000 $ 50,000 45705
5490 800614 Real Estate $ 3,310,412 $ 3,310,412 45706
5500 800617 Securities $ 4,238,814 $ 4,238,814 45707
5520 800604 Credit Union $ 3,297,888 $ 3,297,888 45708
5530 800607 Consumer Finance $ 3,481,692 $ 3,481,692 45709
5560 800615 Industrial Compliance $ 26,612,520 $ 27,104,205 45710
5FW0 800616 Financial Literacy Education $ 200,000 $ 200,000 45711
5GK0 800609 Securities Investor Education/Enforcement $ 432,150 $ 432,150 45712
5HV0 800641 Cigarette Enforcement $ 118,800 $ 118,800 45713
5LP0 800646 Liquor Regulatory Operating Expenses $ 7,988,921 $ 7,844,537 45714
5PA0 800647 Bustr Revolving Loan Program $ 0 $ 3,000,000 45715
5X60 800623 Video Service $ 337,224 $ 337,224 45716
6530 800629 UST Registration/Permit Fee $ 3,831,888 2,331,888 $ 3,612,588 2,112,588 45717
6A40 800630 Real Estate Appraiser-Operating $ 672,973 $ 672,973 45718
TOTAL SSR State Special Revenue 45719
Fund Group $ 85,430,840 83,930,840 $ 84,198,259 88,698,259 45720

Liquor Control Fund Group45721

5LC0 800644 Liquor JobsOhio Extraordinary Allowance $ 557,974 $ 372,661 45722
5LN0 800645 Liquor Operating Services $ 13,949,342 $ 9,316,535 45723
TOTAL LCF Liquor Control 45724
Fund Group $ 14,507,316 $ 9,689,196 45725
TOTAL ALL BUDGET FUND GROUPS $ 186,873,408 185,373,408 $ 180,822,707 185,322,707 45726

       ADMINISTRATIVE ASSESSMENTS45727

       Notwithstanding any other provision of law to the contrary, 45728
the Division of Administration Fund (Fund 1630) is entitled to 45729
receive assessments from all operating funds of the Department in 45730
accordance with procedures prescribed by the Director of Commerce 45731
and approved by the Director of Budget and Management.45732

       UNCLAIMED FUNDS PAYMENTS45733

       The foregoing appropriation item 800625, Unclaimed 45734
Funds-Claims, shall be used to pay claims under section 169.08 of 45735
the Revised Code. If it is determined that additional amounts are 45736
necessary, the amounts are appropriated.45737

       FIRE DEPARTMENT GRANTS45738

        Of the foregoing appropriation item 800639, Fire Department 45739
Grants, up to $2,198,802 in each fiscal year 2014 and $5,198,802 45740
in fiscal year 2015 shall be used to make annual grants to the 45741
following eligible recipients: volunteer fire departments, fire 45742
departments that serve one or more small municipalities or small 45743
townships, joint fire districts comprised of fire departments that 45744
primarily serve small municipalities or small townships, local 45745
units of government responsible for such fire departments, and 45746
local units of government responsible for the provision of fire 45747
protection services for small municipalities or small townships. 45748
For the purposes of these grants, a private fire company, as that 45749
phrase is defined in section 9.60 of the Revised Code, that is 45750
providing fire protection services under a contract to a political 45751
subdivision of the state, is an additional eligible recipient for 45752
a training grant.45753

       Eligible recipients that consist of small municipalities or 45754
small townships that all intend to contract with the same fire 45755
department or private fire company for fire protection services 45756
may jointly apply and be considered for a grant. If a joint 45757
applicant is awarded a grant, the State Fire Marshal shall, if 45758
feasible, proportionately award the grant and any equipment 45759
purchased with grant funds to each of the joint applicants based 45760
upon each applicant's contribution to and demonstrated need for 45761
fire protection services.45762

       If the grant awarded to joint applicants is an equipment 45763
grant and the equipment to be purchased cannot be readily 45764
distributed or possessed by multiple recipients, each of the joint 45765
applicants shall be awarded by the State Fire Marshal an ownership 45766
interest in the equipment so purchased in proportion to each 45767
applicant's contribution to and demonstrated need for fire 45768
protection services. The joint applicants shall then mutually 45769
agree on how the equipment is to be maintained, operated, stored, 45770
or disposed of. If, for any reason, the joint applicants cannot 45771
agree as to how jointly owned equipment is to be maintained, 45772
operated, stored, or disposed of or any of the joint applicants no 45773
longer maintain a contract with the same fire protection service 45774
provider as the other applicants, then the joint applicants shall, 45775
with the assistance of the State Fire Marshal, mutually agree as 45776
to how the jointly owned equipment is to be maintained, operated, 45777
stored, disposed of, or owned. If the joint applicants cannot 45778
agree how the grant equipment is to be maintained, operated, 45779
stored, disposed of, or owned, the State Fire Marshal may, in its 45780
discretion, require all of the equipment acquired by the joint 45781
applicants with grant funds to be returned to the State Fire 45782
Marshal. The State Fire Marshal may then award the returned 45783
equipment to any eligible recipients. For this paragraph only, an 45784
"equipment grant" also includes a MARCS Grant.45785

       Except as otherwise provided in this section, the grants 45786
shall be used by recipients to purchase firefighting or rescue 45787
equipment or gear or similar items, to provide full or partial 45788
reimbursement for the documented costs of firefighter training, 45789
or, at the discretion of the State Fire Marshal, to cover fire 45790
department costs for providing fire protection services in that 45791
grant recipient's jurisdiction. 45792

       Of the foregoing appropriation item 800639, Fire Department 45793
Grants, up to $500,000 per fiscal year may be used to pay for the 45794
State Fire Marshal's costs of providing firefighter I 45795
certification classes or other firefighter classes approved by the 45796
Department of Public Safety in accordance with section 4765.55 of 45797
the Revised Code at no cost to selected students attending the 45798
Ohio Fire Academy or other class providers approved by the State 45799
Fire Marshal. The State Fire Marshal may establish the 45800
qualifications and selection processes for students to attend such 45801
classes by written policy, and such students shall be considered 45802
eligible recipients of fire department grants for the purposes of 45803
this portion of the grant program.45804

       For purposes of this section, a MARCS Grant is a grant for 45805
systems, equipment, or services that are a part of, integrated 45806
into, or otherwise interoperable with the Multi-Agency Radio 45807
Communication System (MARCS) operated by the state.45808

       Of the foregoing appropriation item 800639, Fire Department 45809
Grants, up to $3,000,000 in fiscal year 2015 may be used for MARCS 45810
Grants. MARCS Grants may be used for the payment of user access 45811
fees by the eligible recipient to access MARCS.45812

       MARCS Grant awards may be up to $50,000 in fiscal year 2015 45813
per eligible recipient. Each eligible recipient may only apply, as 45814
a separate entity or as a part of a joint application, for one 45815
MARCS Grant per fiscal year. Eligible recipients that are or were 45816
awarded fire department grants that are not MARCS Grants may also 45817
apply for and receive MARCS Grants in accordance with criteria for 45818
the awarding of grant funds established by the State Fire Marshal.45819

       Grant awards for firefighting or rescue equipment or gear or 45820
for fire department costs of providing fire protection services 45821
shall be up to $15,000 per fiscal year, or up to $25,000 per 45822
fiscal year if an eligible entity serves a jurisdiction in which 45823
the Governor declared a natural disaster during the preceding or 45824
current fiscal year in which the grant was awarded. In addition to 45825
any grant funds awarded for rescue equipment or gear, or for fire 45826
department costs associated with the provision of fire protection 45827
services, an eligible entity may receive a grant for up to $15,000 45828
per fiscal year for full or partial reimbursement of the 45829
documented costs of firefighter training. For each fiscal year, 45830
the State Fire Marshal shall determine the total amounts to be 45831
allocated for each eligible purpose.45832

       The grant program shall be administered by the State Fire 45833
Marshal in accordance with rules the State Fire Marshal adopts as 45834
part of the state fire code adopted pursuant to section 3737.82 of 45835
the Revised Code that are necessary for the administration and 45836
operation of the grant program. The rules may further define the 45837
entities eligible to receive grants and establish criteria for the 45838
awarding and expenditure of grant funds, including methods the 45839
State Fire Marshal may use to verify the proper use of grant funds 45840
or to obtain reimbursement for or the return of equipment for 45841
improperly used grant funds. To the extent consistent with this 45842
section and until such time as the rules are updated, the existing 45843
rules in the state fire code adopted pursuant to section 3737.82 45844
of the Revised Code for fire department grants under this section 45845
apply to MARCS Grants. Any amounts in appropriation item 800639, 45846
Fire Department Grants, in excess of the amount allocated for 45847
these grants may be used for the administration of the grant 45848
program.45849

       CASH TRANSFERS TO DIVISION OF REAL ESTATE OPERATING FUND45850

       The Director of Budget and Management, upon the request of 45851
the Director of Commerce, may transfer up to $500,000 in cash from 45852
the Real Estate Recovery Fund (Fund 5480) and up to $250,000 in 45853
cash from the Real Estate Appraiser Recovery Fund (Fund 4B20) to 45854
the Division of Real Estate Operating Fund (Fund 5490) during the 45855
biennium ending June 30, 2015.45856

       Sec. 257.10. DEV DEVELOPMENT SERVICES AGENCY45857

General Revenue Fund45858

GRF 195402 Coal Research Operating $ 261,205 $ 261,405 45859
GRF 195405 Minority Business Development $ 1,693,691 $ 1,693,691 45860
GRF 195407 Travel and Tourism $ 1,300,000 $ 0 45861
GRF 195415 Business Development Services $ 2,413,387 $ 2,413,387 45862
GRF 195426 Redevelopment Assistance $ 1,968,365 $ 468,365 45863
GRF 195497 CDBG Operating Match $ 1,015,000 $ 1,015,000 45864
GRF 195501 Appalachian Local Development Districts $ 440,000 $ 440,000 45865
GRF 195532 Technology Programs and Grants $ 13,547,341 $ 13,547,341 45866
GRF 195533 Business Assistance $ 4,205,774 $ 4,205,774 45867
GRF 195535 Appalachia Assistance $ 3,846,482 $ 3,846,482 45868
GRF 195537 Ohio-Israel Agricultural Initiative $ 150,000 $ 150,000 45869
GRF 195901 Coal Research & Development General Obligation Debt Service $ 2,858,900 $ 4,327,200 45870
GRF 195905 Third Frontier Research & Development General Obligation Debt Service $ 66,511,600 61,911,600 $ 83,783,000 78,483,000 45871
GRF 195912 Job Ready Site Development General Obligation Debt Service $ 15,498,400 13,198,400 $ 19,124,500 45872
TOTAL GRF General Revenue Fund $ 115,710,145 108,810,145 $ 135,276,145 129,976,145 45873

General Services Fund Group45874

1350 195684 Development Services Operations $ 10,800,000 $ 10,800,000 45875
4W10 195646 Minority Business Enterprise Loan $ 2,500,000 $ 2,500,000 45876
5KN0 195640 Local Government Innovation $ 20,730,986 $ 21,900,000 45877
5MB0 195623 Business Incentive Grants $ 15,000,000 $ 0 45878
5MK0 195600 Vacant Facilities Grant $ 1,000,000 $ 1,000,000 45879
5W50 195690 Travel and Tourism Cooperative Projects $ 150,000 $ 150,000 45880
6850 195636 Development Services Reimbursable Expenditures $ 700,000 $ 700,000 45881
TOTAL GSF General Services Fund 45882
Group $ 50,880,986 $ 37,050,000 45883

Federal Special Revenue Fund Group45884

3080 195602 Appalachian Regional Commission $ 475,000 $ 475,000 45885
3080 195603 Housing Assistance Programs $ 10,000,000 $ 10,000,000 45886
3080 195609 Small Business Administration Grants $ 5,271,381 $ 5,271,381 45887
3080 195618 Energy Grants $ 9,307,779 $ 4,109,193 45888
3080 195670 Home Weatherization Program $ 17,000,000 $ 17,000,000 45889
3080 195671 Brownfield Redevelopment $ 5,000,000 $ 5,000,000 45890
3080 195672 Manufacturing Extension Partnership $ 5,359,305 $ 5,359,305 45891
3080 195675 Procurement Technical Assistance $ 600,000 $ 600,000 45892
3080 195681 SBDC Disability Consulting $ 1,300,000 $ 1,300,000 45893
3350 195610 Energy Programs $ 200,000 $ 200,000 45894
3AE0 195643 Workforce Development Initiatives $ 1,800,000 $ 1,800,000 45895
3DB0 195642 Federal Stimulus - Energy Efficiency & Conservation Block Grants $ 38,152 $ 0 45896
3FJ0 195626 Small Business Capital Access and Collateral Enhancement Program $ 32,046,846 $ 5,655,326 45897
3FJ0 195661 Technology Targeted Investment Program $ 12,750,410 $ 2,250,072 45898
3K80 195613 Community Development Block Grant $ 65,000,000 $ 65,000,000 45899
3K90 195611 Home Energy Assistance Block Grant $ 172,000,000 $ 172,000,000 45900
3K90 195614 HEAP Weatherization $ 22,000,000 $ 22,000,000 45901
3L00 195612 Community Services Block Grant $ 27,240,217 $ 27,240,217 45902
3V10 195601 HOME Program $ 30,000,000 $ 30,000,000 45903
TOTAL FED Federal Special Revenue 45904
Fund Group $ 417,389,090 $ 375,260,494 45905

State Special Revenue Fund Group45906

4500 195624 Minority Business Bonding Program Administration $ 74,868 $ 74,905 45907
4510 195649 Business Assistance Programs $ 6,300,800 $ 6,700,800 45908
4F20 195639 State Special Projects $ 102,145 $ 102,104 45909
4F20 195699 Utility Community Assistance $ 500,000 $ 500,000 45910
5CG0 195679 Alternative Fuel Transportation $ 750,000 $ 750,000 45911
5HR0 195526 Incumbent Workforce Training Vouchers $ 30,000,000 $ 30,000,000 45912
5HR0 195622 Defense Development Assistance $ 5,000,000 $ 5,000,000 45913
5JR0 195635 Redevelopment Program Support $ 100,000 $ 100,000 45914
5KP0 195645 Historic Rehab Operating $ 650,000 $ 650,000 45915
5LU0 195673 Racetrack Facility Community Economic Redevelopment Fund $ 12,000,000 $ 0 45916
5M40 195659 Low Income Energy Assistance (USF) $ 350,000,000 $ 350,000,000 45917
5M50 195660 Advanced Energy Loan Programs $ 8,000,000 $ 8,000,000 45918
5MH0 195644 SiteOhio Administration $ 100,000 $ 100,000 45919
5MJ0 195683 TourismOhio Administration $ 8,000,000 $ 8,000,000 45920
5W60 195691 International Trade Cooperative Projects $ 18,000 $ 18,000 45921
6170 195654 Volume Cap Administration $ 32,562 $ 32,562 45922
6460 195638 Low- and Moderate- Income Housing Trust Fund $ 53,000,000 $ 53,000,000 45923
TOTAL SSR State Special Revenue 45924
Fund Group $ 474,628,375 $ 463,028,371 45925

Facilities Establishment Fund Group45926

5S90 195628 Capital Access Loan Program $ 3,000,000 $ 3,000,000 45927
7009 195664 Innovation Ohio $ 15,000,000 $ 15,000,000 45928
7010 195665 Research and Development $ 22,000,000 $ 22,000,000 45929
7037 195615 Facilities Establishment $ 50,000,000 $ 50,000,000 45930
TOTAL 037 Facilities 45931
Establishment Fund Group $ 90,000,000 $ 90,000,000 45932

Clean Ohio Revitalization Fund45933

7003 195663 Clean Ohio Program $ 950,000 $ 950,000 45934
TOTAL 7003 Clean Ohio Revitalization Fund $ 950,000 $ 950,000 45935

Third Frontier Research & Development Fund Group45936

7011 195686 Third Frontier Operating $ 1,149,750 $ 1,149,750 45937
7011 195687 Third Frontier Research & Development Projects $ 90,850,250 $ 90,850,250 45938
7014 195620 Third Frontier Operating - Tax $ 1,700,000 $ 1,700,000 45939
7014 195692 Research & Development Taxable Bond Projects $ 38,300,000 $ 38,300,000 45940
TOTAL 011 Third Frontier Research & Development Fund Group $ 132,000,000 $ 132,000,000 45941

Job Ready Site Development Fund Group45942

7012 195688 Job Ready Site Development $ 800,000 $ 800,000 45943
TOTAL 012 Job Ready Site Development Fund Group $ 800,000 $ 800,000 45944

Tobacco Master Settlement Agreement Fund Group45945

M087 195435 Biomedical Research and Technology Transfer $ 1,896,595 $ 1,906,025 45946
TOTAL TSF Tobacco Master Settlement Agreement Fund Group $ 1,896,595 $ 1,906,025 45947
TOTAL ALL BUDGET FUND GROUPS $ 1,284,255,191 1,277,355,191 $ 1,236,271,035 1,230,971,035 45948


       Sec. 259.10. DDD DEPARTMENT OF DEVELOPMENTAL DISABILITIES45950

General Revenue Fund45951

GRF 320412 Protective Services $ 1,918,196 $ 1,918,196 45952
GRF 320415 Lease-Rental Payments $ 15,843,300 14,743,300 $ 16,076,700 45953
GRF 322420 Screening and Early Intervention $ 300,000 $ 300,000 45954
GRF 322451 Family Support Services $ 5,932,758 $ 5,932,758 45955
GRF 322501 County Boards Subsidies $ 44,449,280 $ 44,449,280 45956
GRF 322503 Tax Equity $ 14,000,000 $ 14,000,000 45957
GRF 322507 County Board Case Management $ 2,500,000 $ 2,500,000 45958
GRF 322508 Employment First Pilot Program $ 3,000,000 $ 3,000,000 45959
GRF 653321 Medicaid Program Support - State $ 6,186,694 $ 6,186,694 45960
GRF 653407 Medicaid Services $ 430,056,111 $ 437,574,237 45961
TOTAL GRF General Revenue Fund $ 524,186,339 523,086,339 $ 531,937,865 45962

General Services Fund Group45963

1520 653609 DC and Residential Operating Services $ 3,414,317 $ 3,414,317 45964
TOTAL GSF General Services Fund Group $ 3,414,317 $ 3,414,317 45965

Federal Special Revenue Fund Group45966

3A50 320613 DD Council $ 3,297,656 $ 3,324,187 45967
3250 322612 Community Social Service Programs $ 10,604,896 $ 10,604,896 45968
3A40 653604 DC & ICF/IID Program Support $ 8,013,611 $ 8,013,611 45969
3A40 653605 DC and Residential Services and Support $ 159,548,565 159,548,565 45970
3A40 653653 ICF/IID $ 354,712,840 $ 353,895,717 45971
3G60 653639 Medicaid Waiver Services $ 932,073,249 $ 1,025,921,683 45972
3G60 653640 Medicaid Waiver Program Support $ 36,934,303 $ 36,170,872 45973
3M70 653650 CAFS Medicaid $ 3,000,000 $ 3,000,000 45974
TOTAL FED Federal Special Revenue Fund Group $ 1,508,185,120 $ 1,600,479,531 45975

State Special Revenue Fund Group45976

5GE0 320606 Operating and Services $ 7,407,297 $ 7,407,297 45977
2210 322620 Supplement Service Trust $ 150,000 $ 150,000 45978
5DJ0 322625 Targeted Case Management Match $ 33,750,000 $ 37,260,000 45979
5DK0 322629 Capital Replacement Facilities $ 750,000 $ 750,000 45980
5H00 322619 Medicaid Repayment $ 160,000 $ 160,000 45981
5JX0 322651 Interagency Workgroup - Autism $ 45,000 45,000 45982
4890 653632 DC Direct Care Services $ 16,497,169 $ 16,497,169 45983
5CT0 653607 Intensive Behavioral Needs $ 1,000,000 $ 1,000,000 45984
5DJ0 653626 Targeted Case Management Services $ 91,740,000 $ 100,910,000 45985
5EV0 653627 Medicaid Program Support $ 685,000 $ 685,000 45986
5GE0 653606 ICF/IID and Waiver Match $ 40,353,139 $ 39,106,638 45987
5S20 653622 Medicaid Admin and Oversight $ 17,341,201 $ 19,032,154 45988
5Z10 653624 County Board Waiver Match $ 284,740,000 $ 336,480,000 45989
TOTAL SSR State Special Revenue Fund Group $ 494,618,806 $ 559,483,258 45990
TOTAL ALL BUDGET FUND GROUPS $ 2,530,404,582 2,529,304,582 $ 2,695,314,971 45991


       Sec. 263.10. EDU DEPARTMENT OF EDUCATION45993

General Revenue Fund45994

GRF 200321 Operating Expenses $ 13,142,780 $ 13,142,780 45995
GRF 200408 Early Childhood Education $ 33,318,341 $ 45,318,341 45996
GRF 200420 Information Technology Development and Support $ 4,241,296 $ 4,241,296 45997
GRF 200421 Alternative Education Programs $ 7,403,998 $ 7,403,998 45998
GRF 200422 School Management Assistance $ 3,000,000 $ 3,000,000 45999
GRF 200424 Policy Analysis $ 328,558 $ 328,558 46000
GRF 200425 Tech Prep Consortia Support $ 260,542 $ 260,542 46001
GRF 200426 Ohio Educational Computer Network $ 29,625,569 $ 19,625,569 46002
GRF 200427 Academic Standards $ 3,800,000 $ 3,800,000 46003
GRF 200437 Student Assessment $ 55,895,000 $ 75,895,000 46004
GRF 200439 Accountability/Report Cards $ 3,500,000 $ 3,750,000 46005
GRF 200442 Child Care Licensing $ 827,140 $ 827,140 46006
GRF 200446 Education Management Information System $ 6,833,070 $ 6,833,070 46007
GRF 200447 GED Testing $ 879,551 $ 879,551 46008
GRF 200448 Educator Preparation $ 1,136,737 $ 1,564,237 46009
GRF 200455 Community Schools and Choice Programs $ 2,438,685 $ 2,491,395 46010
GRF 200464 General Technology Operations $ 192,097 $ 192,097 46011
GRF 200465 Technology Integration and Professional Development $ 1,778,879 $ 1,778,879 46012
GRF 200502 Pupil Transportation $ 505,013,527 $ 521,013,527 46013
GRF 200505 School Lunch Match $ 9,100,000 $ 9,100,000 46014
GRF 200511 Auxiliary Services $ 130,499,457 $ 138,214,374 46015
GRF 200532 Nonpublic Administrative Cost Reimbursement $ 58,951,750 $ 62,436,882 46016
GRF 200540 Special Education Enhancements $ 156,871,292 $ 157,871,292 46017
GRF 200545 Career-Technical Education Enhancements $ 9,372,999 $ 9,372,999 46018
GRF 200550 Foundation Funding $ 5,808,098,389 $ 6,151,463,768 46019
GRF 200566 Literacy Improvement $ 150,000 $ 150,000 46020
GRF 200901 Property Tax Allocation - Education $ 1,138,800,000 1,126,800,000 $ 1,156,402,000 1,146,402,000 46021
TOTAL GRF General Revenue Fund $ 7,985,459,657 7,973,459,657 $ 8,397,357,295 8,387,357,295 46022

General Services Fund Group46023

1380 200606 Information Technology Development and Support $ 6,850,090 $ 6,850,090 46024
4520 200638 Fees and Refunds $ 500,000 $ 500,000 46025
4L20 200681 Teacher Certification and Licensure $ 8,313,762 $ 13,658,274 46026
5960 200656 Ohio Career Information System $ 529,761 $ 529,761 46027
5H30 200687 School District Solvency Assistance $ 25,000,000 $ 25,000,000 46028
5JC0 200629 Career Advising and Mentoring $ 0 $ 10,000,000 46029
5JC0 200654 Adult Career Opportunity Pilot Program $ 0 $ 2,500,000 46030
5KX0 200691 Ohio School Sponsorship Program $ 487,419 $ 487,419 46031
5KY0 200693 Community Schools Temporary Sponsorship $ 83,000 $ 83,000 46032
TOTAL GSF General Services 46033
Fund Group $ 41,764,032 $ 47,108,544 59,608,544 46034

Federal Special Revenue Fund Group46035

3090 200601 Neglected and Delinquent Education $ 2,168,642 $ 2,168,642 46036
3670 200607 School Food Services $ 8,200,664 $ 8,700,149 46037
3700 200624 Education of Exceptional Children $ 1,530,000 $ 1,530,000 46038
3AF0 200603 Schools Medicaid Administrative Claims $ 750,000 $ 750,000 46039
3AN0 200671 School Improvement Grants $ 20,400,000 $ 20,400,000 46040
3BK0 200628 Longitudinal Data Systems $ 1,250,000 $ 0 46041
3C50 200661 Early Childhood Education $ 14,554,749 $ 14,554,749 46042
3CG0 200646 Teacher Incentive $ 15,125,588 $ 15,183,285 46043
3D20 200667 Math Science Partnerships $ 6,000,000 $ 6,000,000 46044
3EC0 200653 Teacher Incentive - Federal Stimulus $ 1,300,000 $ 0 46045
3EH0 200620 Migrant Education $ 2,900,000 $ 2,900,000 46046
3EJ0 200622 Homeless Children Education $ 2,600,000 $ 2,600,000 46047
3EK0 200637 Advanced Placement $ 450,000 $ 450,000 46048
3EN0 200655 State Data Systems - Federal Stimulus $ 1,250,000 $ 0 46049
3FD0 200665 Race to the Top $ 136,000,000 $ 58,074,046 46050
3FN0 200672 Early Learning Challenge - Race to the Top $ 7,040,000 $ 7,040,000 46051
3GE0 200674 Summer Food Service Program $ 13,596,000 $ 14,003,800 46052
3GF0 200675 Miscellaneous Nutrition Grants $ 700,000 $ 700,000 46053
3GG0 200676 Fresh Fruit and Vegetable Program $ 4,738,000 $ 4,880,140 46054
3H90 200605 Head Start Collaboration Project $ 225,000 $ 225,000 46055
3L60 200617 Federal School Lunch $ 350,608,075 $ 361,126,273 46056
3L70 200618 Federal School Breakfast $ 108,480,590 $ 112,819,813 46057
3L80 200619 Child/Adult Food Programs $ 106,992,650 $ 110,202,428 46058
3L90 200621 Career-Technical Education Basic Grant $ 44,663,900 $ 44,663,900 46059
3M00 200623 ESEA Title 1A $ 560,000,000 $ 560,000,000 46060
3M20 200680 Individuals with Disabilities Education Act $ 443,170,050 $ 443,170,050 46061
3T40 200613 Public Charter Schools $ 500,000 $ 0 46062
3Y20 200688 21st Century Community Learning Centers $ 48,201,810 $ 50,611,900 46063
3Y60 200635 Improving Teacher Quality $ 101,900,000 $ 101,900,000 46064
3Y70 200689 English Language Acquisition $ 9,700,000 $ 9,700,000 46065
3Y80 200639 Rural and Low Income Technical Assistance $ 3,300,000 $ 3,300,000 46066
3Z20 200690 State Assessments $ 11,800,000 $ 11,800,000 46067
3Z30 200645 Consolidated Federal Grant Administration $ 7,949,280 $ 7,949,280 46068
TOTAL FED Federal Special 46069
Revenue Fund Group $ 2,038,044,998 $ 1,977,403,455 46070

State Special Revenue Fund Group46071

4540 200610 GED Testing $ 1,050,000 $ 250,000 46072
4550 200608 Commodity Foods $ 24,000,000 $ 24,000,000 46073
4R70 200695 Indirect Operational Support $ 6,600,000 $ 6,600,000 46074
4V70 200633 Interagency Program Support $ 717,725 $ 717,725 46075
5980 200659 Auxiliary Services Reimbursement $ 1,328,910 $ 1,328,910 46076
5BJ0 200626 Half-Mill Maintenance Equalization $ 19,000,000 $ 20,000,000 46077
5MM0 200677 Child Nutrition Refunds $ 500,000 $ 500,000 46078
5T30 200668 Gates Foundation Grants $ 200,000 $ 153,000 46079
5U20 200685 National Education Statistics $ 300,000 $ 300,000 46080
6200 200615 Educational Improvement Grants $ 300,000 $ 300,000 46081
TOTAL SSR State Special Revenue 46082
Fund Group $ 53,996,635 $ 54,149,635 46083

Lottery Profits Education Fund Group46084

7017 200612 Foundation Funding $ 775,500,000 $ 853,000,000 46085
7017 200648 Straight A Fund $ 100,000,000 $ 150,000,000 46086
7017 200666 EdChoice Expansion $ 8,500,000 $ 17,000,000 46087
7017 200684 Community School Facilities $ 7,500,000 $ 7,500,000 46088
TOTAL LPE Lottery Profits 46089
Education Fund Group $ 891,500,000 $ 1,027,500,000 46090

Revenue Distribution Fund Group46091

7047 200909 School District Property Tax Replacement-Business $ 482,000,000 $ 482,000,000 46092
7053 200900 School District Property Tax Replacement-Utility $ 28,000,000 $ 28,000,000 46093
TOTAL RDF Revenue Distribution 46094
Fund Group $ 510,000,000 $ 510,000,000 46095
TOTAL ALL BUDGET FUND GROUPS $ 11,520,765,322 11,508,765,322 $ 12,013,518,929 12,016,018,929 46096


       Sec. 263.230. FOUNDATION FUNDING46098

       Of the foregoing appropriation item 200550, Foundation 46099
Funding, up to $675,000 in fiscal year 2014 shall be used to 46100
support the work of the College of Education and Human Ecology at 46101
the Ohio State University in reviewing and assessing the alignment 46102
of courses offered through the distance learning clearinghouse 46103
established in sections 3333.81 to 3333.88 of the Revised Code 46104
with the academic content standards adopted under division (A) of 46105
section 3301.079 of the Revised Code.46106

       Of the foregoing appropriation item 200550, Foundation 46107
Funding, up to $40,000,000 in each fiscal year shall be used to 46108
provide additional state aid to school districts, joint vocational 46109
school districts, community schools, and STEM schools for special 46110
education students under division (C)(3) of section 3314.08, 46111
section 3317.0214, division (B) of section 3317.16, and section 46112
3326.34 of the Revised Code, except that the Controlling Board may 46113
increase these amounts if presented with such a request from the 46114
Department of Education at the final meeting of the fiscal year.46115

        Of the foregoing appropriation item 200550, Foundation 46116
Funding, up to $2,000,000 in each fiscal year shall be reserved 46117
for Youth Services tuition payments under section 3317.024 of the 46118
Revised Code.46119

       Of the foregoing appropriation item 200550, Foundation 46120
Funding, up to $3,800,000 in each fiscal year shall be used to 46121
fund gifted education at educational service centers. The 46122
Department shall distribute the funding through the unit-based 46123
funding methodology in place under division (L) of section 46124
3317.024, division (E) of section 3317.05, and divisions (A), (B), 46125
and (C) of section 3317.053 of the Revised Code as they existed 46126
prior to fiscal year 2010.46127

       Of the foregoing appropriation item 200550, Foundation 46128
Funding, up to $43,500,000 in fiscal year 2014 and up to 46129
$40,000,000 in fiscal year 2015 shall be reserved to fund the 46130
state reimbursement of educational service centers under the 46131
section of this actAm. Sub. H.B. 59 of the 130th General Assembly46132
entitled "EDUCATIONAL SERVICE CENTERS FUNDING"; and up to 46133
$3,500,000 in each fiscal year shall be distributed to educational 46134
service centers for School Improvement Initiatives and, in 46135
consultation with the Governor's Director of 21st Century 46136
Education, for the provision of technical assistance as required 46137
by the Elementary and Secondary Education Act Flexibility waivers 46138
approved for Ohio by the United States Department of Education. 46139
Educational service centers shall be required to support districts 46140
in the development and implementation of their continuous 46141
improvement plans as required in section 3302.04 of the Revised 46142
Code and to provide technical assistance and support in accordance 46143
with Title I of the "No Child Left Behind Act of 2001," 115 Stat. 46144
1425, 20 U.S.C. 6317, as administered pursuant to the Elementary 46145
and Secondary Education Act Flexibility waivers approved for Ohio 46146
by the United States Department of Education. 46147

       Of the foregoing appropriation item 200550, Foundation 46148
Funding, up to $20,000,000 in each fiscal year shall be reserved 46149
for payments under sections 3317.026, 3317.027, and 3317.028 of 46150
the Revised Code. If this amount is not sufficient, the Department 46151
of Education shall prorate the payment amounts so that the 46152
aggregate amount allocated in this paragraph is not exceeded.46153

       Of the foregoing appropriation item 200550, Foundation 46154
Funding, up to $2,000,000 in each fiscal year shall be used to pay 46155
career-technical planning districts for the amounts reimbursed to 46156
students, as prescribed in this paragraph. Each career-technical 46157
planning district shall reimburse individuals taking the online 46158
General Educational Development (GED) test for the first time for 46159
application/test fees in excess of $40. Each career-technical 46160
planning district shall designate a site or sites where 46161
individuals may register and take the exam. For each individual 46162
that registers for the exam, the career-technical planning 46163
district shall make available and offer career counseling 46164
services, including information on adult education programs that 46165
are available. Any remaining funds in each fiscal year shall be 46166
reimbursed to the Department of Youth Services and the Department 46167
of Rehabilitation and Correction for individuals in these 46168
facilities who have taken the GED for the first time. The amounts 46169
reimbursed shall not exceed the per-individual amounts reimbursed 46170
to other individuals under this section for each section of the 46171
GED.46172

       Of the foregoing appropriation item 200550, Foundation 46173
Funding, up to $410,000 in each fiscal year shall be used to pay 46174
career-technical planning districts $500 for each student that 46175
receives a journeyman certification, as recognized by the United 46176
States Department of Labor, and to pay a career-technical planning 46177
district $125 per full-time equivalent student who successfully 46178
completes the portion of an apprenticeship program offered by a 46179
private entity as specified in the agreement under section 3313.91 46180
of the Revised Code. The district shall apply to the Department 46181
for the apprenticeship program funding.46182

       Of the foregoing appropriation item 200550, Foundation 46183
Funding, up to $18,713,327 in each fiscal year shall be used to 46184
support school choice programs.46185

       Of the portion of the funds distributed to the Cleveland 46186
Municipal School District under this section, up to $11,901,887 in 46187
each fiscal year shall be used to operate the school choice 46188
program in the Cleveland Municipal School District under sections 46189
3313.974 to 3313.979 of the Revised Code. Notwithstanding 46190
divisions (B) and (C) of section 3313.978 and division (C) of 46191
section 3313.979 of the Revised Code, up to $1,000,000 in each 46192
fiscal year of this amount shall be used by the Cleveland 46193
Municipal School District to provide tutorial assistance as 46194
provided in division (H) of section 3313.974 of the Revised Code. 46195
The Cleveland Municipal School District shall report the use of 46196
these funds in the district's three-year continuous improvement 46197
plan as described in section 3302.04 of the Revised Code in a 46198
manner approved by the Department of Education.46199

       Of the foregoing appropriation item 200550, Foundation 46200
Funding, up to $2,000,000 in fiscal year 2015 shall be used to pay 46201
college-preparatory boarding schools the per pupil boarding amount 46202
pursuant to section 3328.34 of the Revised Code.46203

       Of the foregoing appropriation item 200550, Foundation 46204
Funding, up to $500,000 in each fiscal year shall be used to 46205
support Jobs for Ohio's Graduates.46206

       Of the foregoing appropriation item 200550, Foundation 46207
Funding, up to $250,000 in fiscal year 2015 may be used for 46208
payment of the Post-Secondary Enrollment Options Program for 46209
students instructed at home pursuant to section 3321.04 of the 46210
Revised Code.46211

       Of the foregoing appropriation item 200550, Foundation 46212
Funding, up to $5,000,000 in fiscal year 2014 shall be used to 46213
reimburse school districts for the full amount deducted in that 46214
year under section 3310.55 of the Revised Code for Jon Peterson 46215
Scholarships awarded under sections 3310.51 to 3310.64 of the 46216
Revised Code to students who did not attend a public school in 46217
their resident district in the previous school year. If this 46218
amount is not sufficient, the Department of Education shall 46219
prorate the payment amounts so that the aggregate amount 46220
appropriated in this paragraph is not exceeded.46221

       Of the foregoing appropriation item 200550, Foundation 46222
Funding, an amount shall be available in each fiscal year to be 46223
paid to joint vocational school districts in accordance with 46224
division (A) of section 3317.16 of the Revised Code and the 46225
section of this actAm. Sub. H.B. 59 of the 130th General Assembly46226
entitled "TEMPORARY TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL 46227
DISTRICTS."46228

       Of the foregoing appropriation item 200550, Foundation 46229
Funding, up to $700,000 in each fiscal year shall be used by the 46230
Department of Education for a program to pay for educational 46231
services for youth who have been assigned by a juvenile court or 46232
other authorized agency to any of the facilities described in 46233
division (A) of the section of this actAm. Sub. H.B. 59 of the 46234
130th General Assembly entitled "PRIVATE TREATMENT FACILITY 46235
PROJECT."46236

       Of the foregoing appropriation item 200550, Foundation 46237
Funding, up to $675,000 in fiscal year 2015 shall be used to 46238
provide grants on a competitive basis to public and chartered 46239
nonpublic schools for their participation in the electronic 46240
textbook pilot project. These funds shall be administered as 46241
provided under the section of this actAm. Sub. H.B. 59 of the 46242
130th General Assembly entitled ELECTRONIC TEXTBOOK PILOT PROJECT.46243

       Of the foregoing appropriation item 200550, Foundation 46244
Funding, up to $500,000 in fiscal year 2014 and up to $3,000,000 46245
in fiscal year 2015 shall be used for the New Leaders for Ohio 46246
Schools Pilot Project in accordance with Section 733.40 of this 46247
actAm. Sub. H.B. 59 of the 130th General Assembly.46248

       The remainder of appropriation item 200550, Foundation 46249
Funding, shall be used to distribute the amounts calculated for 46250
formula aid under section 3317.022 of the Revised Code and the 46251
section of this actAm. Sub. H.B. 59 of the 130th General Assembly46252
entitled "TEMPORARY TRANSITIONAL AID FOR CITY, LOCAL, AND EXEMPTED 46253
VILLAGE SCHOOL DISTRICTS." and the amounts calculated under 46254
section 3317.162 of the Revised Code.46255

       Appropriation items 200502, Pupil Transportation, 200540, 46256
Special Education Enhancements, and 200550, Foundation Funding, 46257
other than specific set-asides, are collectively used in each 46258
fiscal year to pay state formula aid obligations for school 46259
districts, community schools, STEM schools, college preparatory 46260
boarding schools, and joint vocational school districts under this 46261
actAm. Sub. H.B. 59 of the 130th General Assembly. The first 46262
priority of these appropriation items, with the exception of 46263
specific set-asides, is to fund state formula aid obligations. It 46264
may be necessary to reallocate funds among these appropriation 46265
items or use excess funds from other general revenue fund 46266
appropriation items in the Department of Education's budget in 46267
each fiscal year, in order to meet state formula aid obligations. 46268
If it is determined that it is necessary to transfer funds among 46269
these appropriation items or to transfer funds from other General 46270
Revenue Fund appropriations in the Department of Education's 46271
budget to meet state formula aid obligations, the Department of 46272
Education shall seek approval from the Controlling Board to 46273
transfer funds as needed.46274

       The Superintendent of Public Instruction shall make payments, 46275
transfers, and deductions, as authorized by Title XXXIII of the 46276
Revised Code and Sections 267.30.50, 267.30.53, 267.30.56, and 46277
267.30.60 of Am. Sub. H.B. 153 of the 129th General Assembly, in 46278
amounts substantially equal to those made in the prior year, or 46279
otherwise, at the discretion of the Superintendent, until at least 46280
the effective date of the amendments and enactments made to Title 46281
XXXIII by this actAm. Sub. H.B. 59 of the 130th General Assembly. 46282
If a new school district, community school, or STEM school opens 46283
prior to the effective date of this actAm. Sub. H.B. 59 of the 46284
130th General Assembly, the Department of Education shall pay to 46285
the district or school an amount of $5,000 per pupil, based upon 46286
the estimated number of students that the district or school is 46287
expected to serve. Any funds paid to districts or schools under 46288
this section shall be credited toward the annual funds calculated 46289
for the district or school after the changes made to Title XXXIII 46290
in this actAm. Sub. H.B. 59 of the 130th General Assembly are 46291
effective. Upon the effective date of changes made to Title XXXIII 46292
in this actAm. Sub. H.B. 59 of the 130th General Assembly, funds 46293
shall be calculated as an annual amount.46294

       Sec. 263.240. TEMPORARY TRANSITIONAL AID FOR CITY, LOCAL, AND 46295
EXEMPTED VILLAGE SCHOOL DISTRICTS46296

        The Department of Education shall distribute funds within 46297
appropriation item 200550, Foundation Funding, for temporary 46298
transitional aid in each fiscal year to each qualifying city, 46299
local, and exempted village school district.46300

       (A) For fiscal years 2014 and 2015, the Department shall pay 46301
temporary transitional aid to each city, local, or exempted 46302
village school district that experiences any decrease in its state 46303
foundation funding for the current fiscal year from its 46304
transitional aid guarantee base. The amount of the temporary 46305
transitional aid payment shall equal the difference between its 46306
foundation funding for the current fiscal year and its 46307
transitional aid guarantee base. If the computation made under 46308
this division results in a negative number, the district's funding 46309
under this division shall be zero.46310

       (1) As used in this section, foundation funding for each 46311
city, local, and exempted village school district for a given 46312
fiscal year equals the sum of the amount calculated for the 46313
district under section 3317.022 of the Revised Code, as re-enacted 46314
by this actAm. Sub. H.B. 59 of the 130th General Assembly, and 46315
the amounts calculated for the district under divisions (G)(1) and 46316
(2) of section 3317.0212 of the Revised Code, as amended by this 46317
actAm. Sub. H.B. 59 of the 130th General Assembly, for that 46318
fiscal year.46319

       (2) The transitional aid guarantee base for each city, local, 46320
and exempted village school district equals the sum of the amounts 46321
computed for the district for fiscal year 2013, under Sections 46322
267.30.50, 267.30.53, and 267.30.56 of Am. Sub. H.B. 153 of the 46323
129th General Assembly. The Department of Education shall adjust, 46324
as necessary, the transitional aid guarantee base of any local 46325
school district that participates in the establishment of a joint 46326
vocational school district that begins receiving payments under 46327
section 3317.16 of the Revised Code, as re-enacted by this actAm. 46328
Sub. H.B. 59 of the 130th General Assembly, for fiscal year 2014 46329
or fiscal year 2015, but does not receive payments under Section 46330
267.30.60 of Am. Sub. H.B. 153 of the 129th General Assembly, for 46331
fiscal year 2013. The Department shall adjust any such local 46332
school district's guarantee base according to the amounts received 46333
by the district in fiscal year 2013 for career-technical education 46334
students who attend the newly established joint vocational school 46335
district in fiscal year 2014 or fiscal year 2015.46336

       (B)(1) Notwithstanding section 3317.022 of the Revised Code, 46337
as re-enacted by this actAm. Sub. H.B. 59 of the 130th General 46338
Assembly, in fiscal year 2014, no city, local, or exempted village 46339
school district shall be allocated foundation funding that is 46340
greater than 1.0625 times the district's transitional aid 46341
guarantee base.46342

       (2) Notwithstanding section 3317.022 of the Revised Code, as 46343
re-enacted by this actAm. Sub. H.B. 59 of the 130th General 46344
Assembly, in fiscal year 2015, no city, local, or exempted village 46345
school district shall be allocated foundation funding that is 46346
greater than 1.105 times the district's fiscal year 2014 base, 46347
which is the amount computed for foundation funding for the 46348
district for fiscal year 2014 plus any amount calculated for 46349
temporary transitional aid for fiscal year 2014 under division (A) 46350
of this section and after any reductions made for fiscal year 2014 46351
under division (B)(1) of this section. The Department shall 46352
adjust, as necessary, the fiscal year 2014 base of any local 46353
school district that participates in the establishment of a joint 46354
vocational school district that begins receiving payments under 46355
section 3317.16 of the Revised Code for fiscal year 2015, but does 46356
not receive such payments for fiscal year 2014. The Department 46357
shall adjust any such local school district's fiscal year 2014 46358
base according to the amounts received by the district in fiscal 46359
year 2014 for career-technical education students who attend the 46360
newly established joint vocational school district in fiscal year 46361
2015.46362

        (3) The Department shall reduce a district's payments under 46363
divisions (A)(1), (2), (4), (5), (6), and (7) of section 3317.022 46364
of the Revised Code, as re-enacted by this actAm. Sub. H.B. 59 of 46365
the 130th General Assembly, and divisions (G)(1) and (2) of 46366
section 3317.0212 of the Revised Code, as amended by this actAm. 46367
Sub. H.B. 59 of the 130th General Assembly, proportionately as 46368
necessary in order to comply with this division. If those amounts 46369
are insufficient, the Department shall proportionately reduce a 46370
district's payments under divisions (A)(3), (8), and (9) of 46371
section 3317.022 of the Revised Code, as re-enacted by this act46372
Am. Sub. H.B. 59 of the 130th General Assembly.46373

       Sec. 263.250.  TEMPORARY TRANSITIONAL AID FOR JOINT 46374
VOCATIONAL SCHOOL DISTRICTS46375

       The Department of Education shall distribute funds within 46376
appropriation item 200550, Foundation Funding, for temporary 46377
transitional aid in each fiscal year to each qualifying joint 46378
vocational school district.46379

       (A) For fiscal years 2014 and 2015, the Department shall pay 46380
temporary transitional aid to each joint vocational school 46381
district that experiences any decrease in its state core 46382
foundation funding under division (A) of section 3317.16 of the 46383
Revised Code, as re-enacted by this actAm. Sub. H.B. 59 of the 46384
130th General Assembly, for the current fiscal year from its 46385
transitional aid guarantee base. The amount of the temporary 46386
transitional aid payment shall equal the difference between the 46387
district's funding under division (A) of section 3317.16 of the 46388
Revised Code for the current fiscal year and its transitional aid 46389
guarantee base. If the computation made under this division 46390
results in a negative number, the district's funding under this 46391
division shall be zero.46392

       The transitional aid guarantee base for each joint vocational 46393
school district equals the amount computed for the district for 46394
fiscal year 2013, under Section 267.30.60 of Am. Sub. H.B. 153 of 46395
the 129th General Assembly. The Department of Education shall 46396
establish, as necessary, the transitional aid guarantee base of 46397
any joint vocational school district that begins receiving 46398
payments under section 3317.16 of the Revised Code, as re-enacted 46399
by this actAm. Sub. H.B. 59 of the 130th General Assembly, for 46400
fiscal year 2014 or fiscal year 2015, but does not receive 46401
payments under Section 267.30.60 of Am. Sub. H.B. 153 of the 129th 46402
General Assembly, for fiscal year 2013. The Department shall 46403
establish any such joint vocational school district's guarantee 46404
base as an amount equal to the absolute value of the sum of the 46405
associated adjustments of any local school districts' guarantee 46406
bases under Section 263.240 of this actAm. Sub. H.B. 59 of the 46407
130th General Assembly.46408

       (B)(1) Notwithstanding division (A) of section 3317.16 of the 46409
Revised Code, as re-enacted by this actAm. Sub. H.B. 59 of the 46410
130th General Assembly, in fiscal year 2014, no joint vocational 46411
school district shall be allocated state core foundation funding, 46412
as computed under division (A) of section 3317.16 of the Revised 46413
Code, as re-enacted by this actAm. Sub. H.B. 59 of the 130th 46414
General Assembly, that is greater than 1.0625 times the district's 46415
transitional aid guarantee base.46416

       (2) Notwithstanding division (A) of section 3317.16 of the 46417
Revised Code, as re-enacted by this actAm. Sub. H.B. 59 of the 46418
130th General Assembly, in fiscal year 2015, no joint vocational 46419
school district shall be allocated state core foundation funding, 46420
under division (A) of section 3317.16 of the Revised Code, as 46421
re-enacted by this actAm. Sub. H.B. 59 of the 130th General 46422
Assembly, that is greater than 1.105 times the district's fiscal 46423
year 2014 base, which is the amount computed for state core 46424
foundation funding for the district for fiscal year 2014 under 46425
division (A) of section 3317.16 of the Revised Code, as re-enacted 46426
by this actAm. Sub. H.B. 59 of the 130th General Assembly, plus 46427
any amount calculated for temporary transitional aid for fiscal 46428
year 2014 under division (A) of this section and after any 46429
reductions made for fiscal year 2014 under division (B)(1) of this 46430
section. The Department shall establish, as necessary, the fiscal 46431
year 2014 base of any joint vocational school district that begins 46432
receiving payments under section 3317.16 of the Revised Code for 46433
fiscal year 2015, but does not receive such payments for fiscal 46434
year 2014. The Department shall establish any such joint 46435
vocational school district's fiscal year 2014 base as an amount 46436
equal to the absolute value of the sum of the associated 46437
adjustments of any local school district's fiscal year 2014 base 46438
under division (B)(2) of Section 263.240 of Am. Sub. H.B. 59 of 46439
the 130th General Assembly.46440

       (3) The Department shall reduce a district's payments under 46441
divisions (A)(1), (3), and (4) of section 3317.16 of the Revised 46442
Code, as re-enacted by this actAm. Sub. H.B. 59 of the 130th 46443
General Assembly, proportionately as necessary in order to comply 46444
with this division. If those amounts are insufficient, the 46445
Department shall proportionately reduce a district's payments 46446
under divisions (A)(2), (5), and (6) of section 3317.16 of the 46447
Revised Code, as re-enacted by this actAm. Sub. H.B. 59 of the 46448
130th General Assembly.46449

       Sec. 263.270. TEACHER CERTIFICATION AND LICENSURE46450

       The foregoing appropriation item 200681, Teacher 46451
Certification and Licensure, shall be used by the Department of 46452
Education in each year of the biennium to administer and support 46453
teacher certification and licensure activities.46454

       SCHOOL DISTRICT SOLVENCY ASSISTANCE46455

       (A) Of the foregoing appropriation item 200687, School 46456
District Solvency Assistance, $20,000,000 in each fiscal year 46457
shall be allocated to the School District Shared Resource Account 46458
and $5,000,000 in each fiscal year shall be allocated to the 46459
Catastrophic Expenditures Account. These funds shall be used to 46460
provide assistance and grants to school districts to enable them 46461
to remain solvent under section 3316.20 of the Revised Code. 46462
Assistance and grants shall be subject to approval by the 46463
Controlling Board. Except as provided under division (C) of this 46464
section, any required reimbursements from school districts for 46465
solvency assistance shall be made to the appropriate account in 46466
the School District Solvency Assistance Fund (Fund 5H30).46467

       (B) Notwithstanding any provision of law to the contrary, 46468
upon the request of the Superintendent of Public Instruction, the 46469
Director of Budget and Management may make transfers to the School 46470
District Solvency Assistance Fund (Fund 5H30) from any fund used 46471
by the Department of Education or the General Revenue Fund to 46472
maintain sufficient cash balances in Fund 5H30 in fiscal years 46473
2014 and 2015. Any cash transferred is hereby appropriated. The 46474
transferred cash may be used by the Department of Education to 46475
provide assistance and grants to school districts to enable them 46476
to remain solvent and to pay unforeseeable expenses of a temporary 46477
or emergency nature that the school district is unable to pay from 46478
existing resources. The Director of Budget and Management shall 46479
notify the members of the Controlling Board of any such transfers.46480

        (C) If the cash balance of the School District Solvency 46481
Assistance Fund (Fund 5H30) is insufficient to pay solvency 46482
assistance in fiscal years 2014 and 2015, at the request of the 46483
Superintendent of Public Instruction, and with the approval of the 46484
Controlling Board, the Director of Budget and Management may 46485
transfer cash from the Lottery Profits Education Reserve Fund 46486
(Fund 7018) to Fund 5H30 to provide assistance and grants to 46487
school districts to enable them to remain solvent and to pay 46488
unforeseeable expenses of a temporary nature that they are unable 46489
to pay from existing resources under section 3316.20 of the 46490
Revised Code. Such transfers are hereby appropriated to 46491
appropriation item 200670, School District Solvency Assistance – 46492
Lottery. Any required reimbursements from school districts for 46493
solvency assistance granted from appropriation item 200670, School 46494
District Solvency Assistance – Lottery, shall be made to Fund 46495
7018.46496

       CAREER ADVISING AND MENTORING PROGRAM46497

        The foregoing appropriation item 200629, Career Advising and 46498
Mentoring, shall be used by the State Superintendent of Public 46499
Instruction to create the Career Advising and Mentoring Grant 46500
Program. The Superintendent shall develop guidelines for the 46501
grants. The program shall award competitive matching grants to 46502
provide funding for local networks of volunteers and organizations 46503
to sponsor career advising and mentoring for students in eligible 46504
school districts. Each grant award shall match up to three times 46505
the funds allocated to the project by the local network. Eligible 46506
school districts are those with a high percentage of students in 46507
poverty, a high number of students not graduating on time, and 46508
other criteria as determined by the State Superintendent. Eligible 46509
school districts shall partner with members of the business 46510
community, civic organizations, or the faith-based community to 46511
provide sustainable career advising and mentoring services. 46512

       ADULT CAREER OPPORTUNITY PILOT PROGRAM46513

        The foregoing appropriation item 200654, Adult Career 46514
Opportunity Pilot Program, shall be used by the Superintendent of 46515
Public Instruction to award and administer planning grants for the 46516
Adult Career Opportunity Pilot Program established in section 46517
3313.902 of the Revised Code. The Superintendent may award grants 46518
of up to $500,000 to not more than five eligible institutions. The 46519
grants shall be used by selected eligible institutions to build 46520
capacity to implement the program beginning in the 2015-2016 46521
academic year.46522

        The Superintendent of Public Instruction and the Chancellor, 46523
or their designees, shall develop an application process to award 46524
these grants to eligible institutions geographically dispersed 46525
across the state. Any remaining appropriation after providing 46526
grants to eligible institutions may be used to provide technical 46527
assistance to eligible institutions receiving the grant.46528

        The Superintendent, in consultation with the Chancellor, the 46529
Governor's Office of Workforce Transformation, the Ohio 46530
Association of Community Colleges, Ohio Technical Centers, Adult 46531
Basic and Literacy Education programs, and other interested 46532
parties as deemed necessary, or their designees, shall develop 46533
recommendations for the method of funding and other associated 46534
requirements for the Adult Career Opportunity Pilot Program. The 46535
Superintendent shall provide a report of the recommendations to 46536
the Governor, the President of the Senate, and the Speaker of the 46537
House of Representatives by December 31, 2014.46538

        As used in this section, "eligible institution" has the same 46539
meaning as in section 3313.902 of the Revised Code.46540

       Sec. 263.325. (A) The Straight A Program is hereby created 46541
for fiscal years 2014 and 2015 to provide grants to city, local, 46542
exempted village, and joint vocational school districts, 46543
educational service centers, community schools established under 46544
Chapter 3314., STEM schools established under Chapter 3326., 46545
college-preparatory boarding schools established under Chapter 46546
3328. of the Revised Code, individual school buildings, education 46547
consortia (which may represent a partnership among school 46548
districts, school buildings, community schools, or STEM schools), 46549
institutions of higher education, and private entities partnering 46550
with one or more of the educational entities identified in this 46551
division for projects that aim to achieve significant advancement 46552
in one or more of the following goals:46553

       (1) Student achievement;46554

       (2) Spending reduction in the five-year fiscal forecast 46555
required under section 5705.391 of the Revised Code;46556

       (3) Utilization of a greater share of resources in the 46557
classroom.46558

       (B)(1) Grants shall be awarded by a nine-member governing 46559
board consisting of the Superintendent of Public Instruction, or 46560
the Superintendent's designee, four members appointed by the 46561
Governor, two members appointed by the Speaker of the House of 46562
Representatives, and two members appointed by the President of the 46563
Senate. The Department of Education shall provide administrative 46564
support to the board. No member shall be compensated for the 46565
member's service on the board.46566

       (2) The board shall select grant advisors with fiscal 46567
expertise and education expertise. These advisors shall evaluate 46568
proposals from grant applicants and advise the staff administering 46569
the program. No advisor shall be compensated for this service.46570

       (3) The board shall issue an annual report to the Governor, 46571
the Speaker of the House of Representatives, the President of the 46572
Senate, and the chairpersons of the House and Senate committees 46573
that primarily deal with education regarding the types of grants 46574
awarded, the grant recipients, and the effectiveness of the grant 46575
program.46576

       (4) The board shall create a grant application and publish on 46577
the Department's web site the application and timeline for the 46578
submission, review, notification, and awarding of grant proposals.46579

        (5) With the approval of the board, the Department shall 46580
establish a system for evaluating and scoring the grant 46581
applications received under this section. 46582

       (C) Each grant applicant shall submit a proposal that 46583
includes all of the following:46584

       (1) A description of the project for which the applicant is 46585
seeking a grant, including a description of how the project will 46586
have substantial value and lasting impact;46587

       (2) An explanation of how the project will be 46588
self-sustaining. If the project will result in increased ongoing 46589
spending, the applicant shall show how the spending will be offset 46590
by verifiable, credible, permanent spending reductions.46591

       (3) A description of quantifiable results of the project that 46592
can be benchmarked.46593

       If an education consortia described in division (A) of this 46594
section applies for a grant, the lead applicant shall be the 46595
school district, school building, community school, or STEM school 46596
that is a member of the consortia and shall so indicate on the 46597
grant application.46598

       (D)(1) Within seventy-five days after receiving a grant 46599
application, the board shall issue a decision on the application 46600
of "yes," "no," "hold," or "edit." In making its decision, the 46601
board shall consider whether the project has the capability of 46602
being replicated in other school districts and schools or creates 46603
something that can be used in other districts and schools. A grant 46604
awarded under this section to a school district, educational 46605
service center, community school, STEM school, college-preparatory 46606
boarding school, individual school building, institution of higher 46607
education, or private entity partnering with one or more of the 46608
educational entities identified in division (A) of this section 46609
shall not exceed $5,000,000 in each fiscal year. A grant awarded 46610
to an education consortia shall not exceed $15,000,000 in each 46611
fiscal year. The Superintendent of Public Instruction may make 46612
recommendations to the Controlling Board that these maximum 46613
amounts be exceeded. Upon Controlling Board approval, grants may 46614
be awarded in excess of these amounts.46615

       (2) If the board issues a "hold" or "edit" decision for an 46616
application, it shall, upon returning the application to the 46617
applicant, specify the process for reconsideration of the 46618
application. An applicant may work with the grant advisors and 46619
staff to modify or improve a grant application.46620

       (E) Upon deciding to award a grant to an applicant, the board 46621
shall enter into a grant agreement with the applicant that 46622
includes all of the following:46623

       (1) The content of the applicant's proposal as outlined under 46624
division (C) of this section;46625

       (2) The project's deliverables and a timetable for their 46626
completion;46627

       (3) Conditions for receiving grant funding;46628

       (4) Conditions for receiving funding in future years if the 46629
contract is a multi-year contract;46630

       (5) A provision specifying that funding will be returned to 46631
the board if the applicant fails to implement the agreement, as 46632
determined by the Auditor of State.46633

       (6) A provision specifying that the agreement may be amended 46634
by mutual agreement between the board and the applicant.46635

       (F) An advisory committee for the Straight A Program is 46636
hereby established. The committee shall consist of not more than 46637
eleven members appointed by the Governor that represent all areas 46638
of the state and different interests. The committee shall annually 46639
review the Straight A Program and provide strategic advice to the 46640
governing board and the Director of the Governor's Office of 21st 46641
Century Education.46642

        (G) Each grant awarded under this section shall be subject to 46643
approval by the Controlling Board prior to execution of the grant 46644
agreement.46645

       (H) Notwithstanding Section 503.50 of Am. Sub. H.B. 59 of the 46646
130th General Assembly, encumbrances made for grants awarded under 46647
this section may be used for expenses incurred outside of the 46648
fiscal year in which the grant is awarded and remain open for 46649
twelve months after the close of the fiscal year.46650

       Sec. 275.10. EPA ENVIRONMENTAL PROTECTION AGENCY46651

General Revenue Fund46652

GRF 715502 Auto Emissions e-Check Program $ 10,923,093 $ 10,923,093 46653
TOTAL GRF General Revenue Fund $ 10,923,093 $ 10,923,093 46654

General Services Fund Group46655

1990 715602 Laboratory Services $ 252,153 $ 326,029 46656
2190 715604 Central Support Indirect $ 10,255,680 $ 10,255,680 46657
4A10 715640 Operating Expenses $ 2,600,000 $ 2,602,000 46658
4D50 715618 Recycled State Materials $ 50,000 $ 50,000 46659
TOTAL GSF General Services 46660
Fund Group $ 13,157,833 $ 13,233,709 46661

Federal Special Revenue Fund Group46662

3530 715612 Public Water Supply $ 2,562,578 $ 2,474,605 46663
3540 715614 Hazardous Waste Management - Federal $ 4,088,383 $ 4,088,383 46664
3570 715619 Air Pollution Control - Federal $ 6,310,203 $ 6,310,203 46665
3620 715605 Underground Injection Control - Federal $ 111,874 $ 111,874 46666
3BU0 715684 Water Quality Protection $ 16,205,000 $ 15,280,000 46667
3CS0 715688 Federal NRD Settlements $ 200,000 $ 200,000 46668
3F20 715630 Revolving Loan Fund - Operating $ 832,543 $ 1,114,543 46669
3F30 715632 Federally Supported Cleanup and Response $ 3,012,021 $ 3,012,991 46670
3FH0 715693 Diesel Emission Reduction Grants $ 10,000,000 $ 10,000,000 2,500,000 46671
3T30 715669 Drinking Water State Revolving Fund $ 2,609,198 $ 2,824,076 46672
3V70 715606 Agencywide Grants $ 600,000 $ 600,000 46673
TOTAL FED Federal Special Revenue 46674
Fund Group $ 46,531,800 $ 46,016,675 38,516,675 46675

State Special Revenue Fund Group46676

4J00 715638 Underground Injection Control $ 389,126 $ 402,697 46677
4K20 715648 Clean Air - Non Title V $ 3,165,400 $ 3,237,450 46678
4K30 715649 Solid Waste $ 15,685,342 $ 16,330,873 46679
4K40 715650 Surface Water Protection $ 6,993,800 $ 7,688,800 46680
4K40 715686 Environmental Laboratory Services $ 2,096,007 $ 2,096,007 46681
4K50 715651 Drinking Water Protection $ 6,316,772 $ 6,476,011 46682
4P50 715654 Cozart Landfill $ 100,000 $ 100,000 46683
4R50 715656 Scrap Tire Management $ 1,059,378 $ 1,070,532 46684
4R90 715658 Voluntary Action Program $ 916,690 $ 945,195 46685
4T30 715659 Clean Air - Title V Permit Program $ 14,528,885 $ 15,080,366 46686
4U70 715660 Construction and Demolition Debris $ 335,000 $ 335,000 46687
5000 715608 Immediate Removal Special Account $ 660,033 $ 660,293 46688
5030 715621 Hazardous Waste Facility Management $ 7,615,403 $ 8,224,041 46689
5050 715623 Hazardous Waste Cleanup $ 14,528,609 $ 14,933,345 46690
5050 715674 Clean Ohio Environmental Review $ 108,104 $ 108,104 46691
5320 715646 Recycling and Litter Control $ 4,514,500 $ 4,535,500 46692
5410 715670 Site Specific Cleanup $ 1,548,101 $ 1,548,101 46693
5420 715671 Risk Management Reporting $ 208,936 $ 214,826 46694
5860 715637 Scrap Tire Market Development $ 1,497,645 $ 1,497,645 46695
5BC0 715617 Clean Ohio $ 611,455 $ 611,455 46696
5BC0 715622 Local Air Pollution Control $ 2,297,980 $ 2,297,980 46697
5BC0 715624 Surface Water $ 9,614,974 $ 9,614,974 46698
5BC0 715672 Air Pollution Control $ 5,684,758 $ 5,684,758 46699
5BC0 715673 Drinking and Ground Water $ 4,863,521 $ 4,863,521 46700
5BC0 715676 Assistance and Prevention $ 695,069 $ 695,069 46701
5BC0 715677 Laboratory $ 1,358,586 $ 1,558,586 46702
5BC0 715678 Corrective Actions $ 705,423 $ 705,423 46703
5BC0 715687 Areawide Planning Agencies $ 450,000 $ 450,000 46704
5BC0 715692 Administration $ 10,582,627 $ 10,582,627 46705
5BC0 715694 Environmental Resource Coordination $ 170,000 $ 170,000 46706
5BT0 715679 C&DD Groundwater Monitoring $ 203,800 $ 203,800 46707
5CD0 715682 Clean Diesel School Buses $ 475,000 $ 475,000 46708
5H40 715664 Groundwater Support $ 128,212 $ 223,212 46709
5Y30 715685 Surface Water Improvement $ 1,800,000 $ 1,800,000 46710
6440 715631 Emergency Response Radiological Safety $ 284,266 $ 290,674 46711
6600 715629 Infectious Waste Management $ 88,764 $ 88,764 46712
6760 715642 Water Pollution Control Loan Administration $ 3,921,605 $ 3,921,605 46713
6780 715635 Air Toxic Release $ 133,636 $ 133,636 46714
6790 715636 Emergency Planning $ 2,623,252 $ 2,623,252 46715
6960 715643 Air Pollution Control Administration $ 1,100,000 $ 1,125,000 46716
6990 715644 Water Pollution Control Administration $ 345,000 $ 345,000 46717
6A10 715645 Environmental Education $ 1,350,000 $ 1,350,000 46718
TOTAL SSR State Special Revenue Fund Group $ 131,755,659 $ 135,299,122 46719

Clean Ohio Conservation Fund Group46720

5S10 715607 Clean Ohio - Operating $ 284,124 $ 284,124 46721
TOTAL CLF Clean Ohio Conservation Fund Group $ 284,124 $ 284,124 46722
TOTAL ALL BUDGET FUND GROUPS $ 202,652,509 $ 205,756,723 198,256,723 46723

       AREAWIDE PLANNING AGENCIES46724

       The Director of Environmental Protection Agency may award 46725
grants from appropriation item 715687, Areawide Planning Agencies, 46726
to areawide planning agencies engaged in areawide water quality 46727
management and planning activities in accordance with Section 208 46728
of the "Federal Clean Water Act," 33 U.S.C. 1288.46729

       CASH TRANSFERS46730

       On July 1, 2013, or as soon as possible thereafter, the 46731
Director of Budget and Management may transfer up to $11,400,000 46732
cash from the Hazardous Waste Management Fund (Fund 5030) to the 46733
Hazardous Waste Cleanup Fund (Fund 5050) to support closure and 46734
corrective action programs that were transferred to the Division 46735
of Environmental Response and Revitalization.46736

       On July 1, 2013, or as soon as possible thereafter, the 46737
Director of Environmental Protection shall certify to the Director 46738
of Budget and Management the cash balance in the Dredge and Fill 46739
Fund (Fund 5N20). The Director of Budget and Management shall 46740
transfer the certified amount from Fund 5N20 to the Surface Water 46741
Protection Fund (Fund 4K40). Any existing encumbrances against 46742
appropriation item 715613, Dredge and Fill, shall be canceled and 46743
reestablished against appropriation item 715650, Surface Water 46744
Protection. The reestablished encumbrance amounts are hereby 46745
appropriated and Fund 5N20 is abolished.46746

       Sec. 282.10. FCC OHIO FACILITIES CONSTRUCTION COMMISSION46747

General Revenue Fund46748

GRF 230401 Lease Rental Payments - Cultural Facilities $ 33,106,400 $ 29,854,500 46749
GRF 230458 State Construction Management Services $ 2,495,751 $ 2,245,751 46750
GRF 230908 Common Schools General Obligation Debt Service $ 351,806,100 332,506,100 $ 377,364,700 358,364,700 46751
TOTAL GRF General Revenue Fund $ 387,408,251 368,108,251 $ 409,464,951 390,464,951 46752

General Services Fund Group46753

1310 230639 State Construction Management Operations $ 9,463,342 $ 9,463,342 46754
TOTAL GSF General Services Fund Group $ 9,463,342 $ 9,463,342 46755

State Special Revenue Fund Group46756

4T80 230603 Community Project Administration $ 200,000 $ 200,000 46757
5E30 230644 Operating Expenses $ 8,550,000 $ 8,550,000 46758
TOTAL SSR State Special Revenue 46759
Fund Group $ 8,750,000 $ 8,750,000 46760
TOTAL ALL BUDGET FUND GROUPS $ 405,621,593 386,321,593 $ 427,678,293 408,678,293 46761


       Sec. 282.30.  COMMUNITY PROJECT ADMINISTRATION46763

       The foregoing appropriation item 230603, Community Project 46764
Administration, shall be used by the Ohio Facilities Construction 46765
Commission in administering Cultural and Sports Facilities 46766
Building Fund (Fund 7030) projects pursuant to section 123.201 of 46767
the Revised Code.46768

       TRANSFERS TO CULTURAL FACILITIES ADMINISTRATION FUND46769

       By the tenth day following each calendar quarter in each 46770
fiscal year, or as soon as possible thereafter, the Director of 46771
Budget and Management shall determine the amount of cash, if any, 46772
to be transferred from the Cultural and Sports Facilities Building 46773
Fund (Fund 7030) to the Cultural Facilities Administration Fund 46774
(Fund 4T80).46775

        As soon as possible after each bond issuance made on behalf 46776
of the Facilities Construction Commission, the Director of Budget 46777
and Management shall determine the amount of cash, if any, from 46778
the bond proceeds to be transferred, after all issuance costs have 46779
been paid, from Fund 7030 to Fund 4T80.46780

       Sec. 285.10. DOH DEPARTMENT OF HEALTH46781

General Revenue Fund46782

GRF 440412 Cancer Incidence Surveillance System $ 600,000 $ 600,000 46783
GRF 440413 Local Health Departments $ 823,061 $ 823,061 46784
GRF 440416 Mothers and Children Safety Net Services $ 4,428,015 $ 4,428,015 46785
GRF 440418 Immunizations $ 8,825,829 $ 8,825,829 46786
GRF 440431 Free Clinics Safety Net Services $ 437,326 $ 437,326 46787
GRF 440438 Breast and Cervical Cancer Screening $ 823,217 $ 823,217 46788
GRF 440444 AIDS Prevention and Treatment $ 5,842,315 $ 5,842,315 46789
GRF 440451 Public Health Laboratory $ 3,655,449 $ 3,655,449 46790
GRF 440452 Child and Family Health Services Match $ 630,444 $ 630,444 46791
GRF 440453 Health Care Quality Assurance $ 4,874,361 $ 4,874,361 46792
GRF 440454 Environmental Health $ 1,194,634 $ 1,194,634 46793
GRF 440459 Help Me Grow $ 33,673,987 $ 33,673,987 46794
GRF 440465 Federally Qualified Health Centers $ 2,686,688 $ 2,686,688 1,186,688 46795
GRF 440467 Access to Dental Care $ 540,484 $ 540,484 46796
GRF 440468 Chronic Disease and Injury Prevention $ 2,447,251 $ 2,447,251 46797
GRF 440472 Alcohol Testing $ 1,100,000 $ 1,100,000 46798
GRF 440473 Tobacco Prevention and Cessation $ 1,050,000 $ 1,050,000 46799
GRF 440474 Infant Vitality $ 3,116,688 $ 3,116,688 46800
GRF 440505 Medically Handicapped Children $ 7,512,451 $ 7,512,451 46801
GRF 440507 Targeted Health Care Services Over 21 $ 1,045,414 $ 1,045,414 46802
GRF 440516 Enhanced Primary Care Capacity $ 0 $ 1,500,000 46803
GRF 654453 Medicaid - Health Care Quality Assurance $ 3,300,000 $ 3,300,000 46804
TOTAL GRF General Revenue Fund $ 88,607,614 $ 88,607,614 46805

State Highway Safety Fund Group46806

4T40 440603 Child Highway Safety $ 233,894 $ 233,894 46807
TOTAL HSF State Highway Safety 46808
Fund Group $ 233,894 $ 233,894 46809

General Services Fund Group46810

1420 440646 Agency Health Services $ 820,998 $ 820,998 46811
2110 440613 Central Support Indirect Costs $ 30,615,591 $ 31,052,469 30,052,469 46812
4730 440622 Lab Operating Expenses $ 5,000,000 $ 5,000,000 46813
6980 440634 Nurse Aide Training $ 99,265 $ 99,265 46814
TOTAL GSF General Services 46815
Fund Group $ 36,535,854 $ 36,972,732 35,972,732 46816

Federal Special Revenue Fund Group46817

3200 440601 Maternal Child Health Block Grant $ 23,889,057 $ 23,889,057 46818
3870 440602 Preventive Health Block Grant $ 6,000,000 $ 6,000,000 46819
3890 440604 Women, Infants, and Children $ 250,000,000 $ 250,000,000 46820
3910 440606 Medicare Survey and Certification $ 19,449,282 $ 19,961,405 46821
3920 440618 Federal Public Health Programs $ 134,546,304 $ 135,140,586 46822
3GD0 654601 Medicaid Program Support $ 21,126,014 $ 22,392,094 46823
TOTAL FED Federal Special Revenue 46824
Fund Group $ 455,010,657 $ 457,383,142 46825

State Special Revenue Fund Group46826

4700 440647 Fee Supported Programs $ 25,305,250 $ 25,613,586 46827
4710 440619 Certificate of Need $ 878,433 $ 878,433 46828
4770 440627 Medically Handicapped Children Audit $ 3,692,703 $ 3,692,703 46829
4D60 440608 Genetics Services $ 3,311,039 $ 3,311,039 46830
4F90 440610 Sickle Cell Disease Control $ 1,032,824 $ 1,032,824 46831
4G00 440636 Heirloom Birth Certificate $ 5,000 $ 5,000 46832
4G00 440637 Birth Certificate Surcharge $ 5,000 $ 5,000 46833
4L30 440609 HIV Care and Miscellaneous Expenses $ 8,333,164 $ 8,333,164 46834
4P40 440628 Ohio Physician Loan Repayment $ 476,870 $ 476,870 46835
4V60 440641 Save Our Sight $ 2,255,789 $ 2,255,789 46836
5B50 440616 Quality, Monitoring, and Inspection $ 878,997 $ 878,997 46837
5CN0 440645 Choose Life $ 75,000 $ 75,000 46838
5D60 440620 Second Chance Trust $ 1,151,902 $ 1,151,902 46839
5ED0 440651 Smoke Free Indoor Air $ 250,000 $ 250,000 46840
5G40 440639 Adoption Services $ 20,000 $ 20,000 46841
5PE0 440659 Breast and Cervical Cancer Services $ 0 $ 100,000 46842
5Z70 440624 Ohio Dentist Loan Repayment $ 140,000 $ 140,000 46843
6100 440626 Radiation Emergency Response $ 1,049,954 $ 1,086,098 46844
6660 440607 Medically Handicapped Children - County Assessments $ 19,739,617 $ 19,739,617 46845
TOTAL SSR State Special Revenue 46846
Fund Group $ 68,601,542 $ 68,946,022 69,046,022 46847

Holding Account Redistribution Fund Group46848

R014 440631 Vital Statistics $ 44,986 $ 44,986 46849
R048 440625 Refunds, Grants Reconciliation, and Audit Settlements $ 20,000 $ 20,000 46850
TOTAL 090 Holding Account 46851
Redistribution Fund Group $ 64,986 $ 64,986 46852

Tobacco Master Settlement Agreement Fund Group46853

5BX0 440656 Tobacco Use Prevention $ 1,450,000 $ 1,450,000 6,350,000 46854
TOTAL TSF Tobacco Master Settlement Agreement Fund Group $ 1,450,000 $ 1,450,000 6,350,000 46855
TOTAL ALL BUDGET FUND GROUPS $ 650,504,547 $ 653,658,390 657,658,390 46856


       Sec. 285.20.  MOTHERS AND CHILDREN SAFETY NET SERVICES46858

        Of the foregoing appropriation item 440416, Mothers and 46859
Children Safety Net Services, $200,000 in each fiscal year shall 46860
be used to assist families with hearing impaired children under 46861
twenty-one years of age in purchasing hearing aids. The Director 46862
of Health shall adopt rules governing the distribution of these 46863
funds, including rules that do both of the following: (1) 46864
establish eligibility criteria to include families with incomes at 46865
or below four hundred per cent of the federal poverty guidelines 46866
as defined in section 5101.46 of the Revised Code, and (2) develop 46867
a sliding scale of disbursements under this section based on 46868
family income. The Director may adopt other rules as necessary to 46869
implement this section. Rules adopted under this section shall be 46870
adopted in accordance with Chapter 119. of the Revised Code.46871

        The Department shall disburse all of the funds appropriated 46872
under this section.46873

        HIV/AIDS PREVENTION/TREATMENT46874

       The foregoing appropriation item 440444, AIDS Prevention and 46875
Treatment, shall be used to assist persons with HIV/AIDS in 46876
acquiring HIV-related medications and to administer educational 46877
prevention initiatives.46878

       PUBLIC HEALTH LABORATORY46879

       A portion of the foregoing appropriation item 440451, Public 46880
Health Laboratory, shall be used for coordination and management 46881
of prevention program operations and the purchase of drugs for 46882
sexually transmitted diseases.46883

       HELP ME GROW46884

       The foregoing appropriation item 440459, Help Me Grow, shall 46885
be used by the Department of Health to implement the Help Me Grow 46886
Program. Funds shall be distributed to counties through 46887
agreements, contracts, grants, or subsidies in accordance with 46888
section 3701.61 of the Revised Code. Appropriation item 440459, 46889
Help Me Grow, may be used in conjunction with other early 46890
childhood funds and services to promote the optimal development of 46891
young children and family-centered programs and services that 46892
acknowledge and support the social, emotional, cognitive, 46893
intellectual, and physical development of children and the vital 46894
role of families in ensuring the well-being and success of 46895
children. The Department of Health shall enter into interagency 46896
agreements with the Department of Education, Department of 46897
Developmental Disabilities, Department of Job and Family Services, 46898
and Department of Mental Health and Addiction Services to ensure 46899
that all early childhood programs and initiatives are coordinated 46900
and school linked.46901

       The foregoing appropriation item 440459, Help Me Grow, may 46902
also be used for the Developmental Autism and Screening Program.46903

       INFANT VITALITY46904

       The foregoing appropriation item 440474, Infant Vitality, 46905
shall be used to fund the following projects, which are hereby 46906
created: 46907

       (A) The Infant Safe Sleep Campaign to educate parents and 46908
caregivers with a uniform message regarding safe sleep 46909
environments; 46910

       (B) The Progesterone Prematurity Prevention Project to enable 46911
prenatal care providers to identify, screen, treat, and track 46912
outcomes for women eligible for progesterone supplementation; and 46913

       (C) The Prenatal Smoking Cessation Project to enable prenatal 46914
care providers who work with women of reproductive age, including 46915
pregnant women, to have the tools, training, and technical 46916
assistance needed to treat smokers effectively. 46917

       TARGETED HEALTH CARE SERVICES OVER 2146918

       The foregoing appropriation item 440507, Targeted Health Care 46919
Services Over 21, shall be used to administer the Cystic Fibrosis 46920
Program and to implement the Hemophilia Insurance Premium Payment 46921
Program.46922

       The foregoing appropriation item 440507, Targeted Health Care 46923
Services Over 21, shall also be used to provide essential 46924
medications and to pay the copayments for drugs approved by the 46925
Department of Health and covered by Medicare Part D that are 46926
dispensed to Bureau for Children with Medical Handicaps (BCMH) 46927
participants for the Cystic Fibrosis Program.46928

       The Department shall expend all of these funds.46929

       CASH TRANSFERS TO THE MEDICAID FUND46930

        On July 1, 2013, or as soon as possible thereafter, the 46931
Director of Health shall certify to the Director of Budget and 46932
Management the cash balance relating to Medicaid restructuring in 46933
the following funds, all used by the Department of Health: the 46934
General Operations Fund (Fund 4700); the General Operations Fund 46935
(Fund 1420); the General Operations Fund (Fund 3920); and the 46936
Medicaid/Medicare Fund (Fund 3910). Upon receiving this 46937
certification, the Director of Budget and Management may transfer 46938
the amount certified to the Medicaid Fund (Fund 3GD0), used by the 46939
Department of Health. If this transfer occurs, the Director of 46940
Budget and Management shall cancel any existing encumbrances 46941
pertaining to Medicaid in appropriation items 440647, Fee 46942
Supported Programs, 440646, Agency Health Services, 440618, 46943
Federal Public Health Programs, and 440606, Medicare Survey and 46944
Certification, and reestablish them against appropriation item 46945
654601, Medicaid Program Support. The reestablished encumbrance 46946
amounts are hereby appropriated.46947

       GENETICS SERVICES46948

       The foregoing appropriation item 440608, Genetics Services 46949
(Fund 4D60), shall be used by the Department of Health to 46950
administer programs authorized by sections 3701.501 and 3701.502 46951
of the Revised Code. None of these funds shall be used to counsel 46952
or refer for abortion, except in the case of a medical emergency.46953

       MEDICALLY HANDICAPPED CHILDREN AUDIT46954

       The Medically Handicapped Children Audit Fund (Fund 4770) 46955
shall receive revenue from audits of hospitals and recoveries from 46956
third-party payers. Moneys may be expended for payment of audit 46957
settlements and for costs directly related to obtaining recoveries 46958
from third-party payers and for encouraging Medically Handicapped 46959
Children's Program recipients to apply for third-party benefits. 46960
Moneys also may be expended for payments for diagnostic and 46961
treatment services on behalf of medically handicapped children, as 46962
defined in division (A) of section 3701.022 of the Revised Code, 46963
and Ohio residents who are twenty-one or more years of age and who 46964
are suffering from cystic fibrosis or hemophilia. Moneys may also 46965
be expended for administrative expenses incurred in operating the 46966
Medically Handicapped Children's Program.46967

       MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS46968

       The foregoing appropriation item 440607, Medically 46969
Handicapped Children - County Assessments (Fund 6660), shall be 46970
used to make payments under division (E) of section 3701.023 of 46971
the Revised Code.46972

       CASH TRANSFER FROM THE PUBLIC HEALTH PRIORITIES TRUST FUND TO 46973
THE TOBACCO USE PREVENTION FUND46974

       On July 1, 2013, or as soon as possible thereafter, the 46975
Director of Budget and Management shall transfer $2,439,230 cash 46976
from the Public Health Priorities Trust Fund (Fund L087) to the 46977
Tobacco Use Prevention Fund (Fund 5BX0) to meet the operating 46978
needs of the Department of Health's tobacco enforcement and 46979
cessation efforts.46980

       CASH TRANSFER FROM THE PRE-SECURITIZATION TOBACCO PAYMENTS 46981
FUND TO THE TOBACCO USE PREVENTION FUND46982

       Notwithstanding Section 512.20 of Am. Sub. H.B. 487 of the 46983
129th General Assembly, on July 1, 2014, or as soon as possible 46984
thereafter, the Director of Budget and Management may transfer 46985
cash determined to be in excess of the tobacco enforcement needs 46986
of the Attorney General from the Pre-Securitization Tobacco 46987
Payments Fund (Fund 5LS0) to the Tobacco Use Prevention Fund (Fund 46988
5BX0).46989

       Sec. 301.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES46990

General Revenue Fund46991

GRF 600321 Program Support $ 31,320,964 $ 31,109,751 46992
GRF 600410 TANF State/Maintenance of Effort $ 152,386,934 $ 152,386,934 46993
GRF 600413 Child Care State/Maintenance of Effort $ 84,732,730 $ 84,732,730 46994
GRF 600416 Information Technology Projects $ 54,223,871 $ 54,184,700 46995
GRF 600420 Child Support Programs $ 6,498,667 $ 6,591,048 46996
GRF 600421 Family Assistance Programs $ 3,161,930 $ 3,161,930 46997
GRF 600423 Families and Children Programs $ 6,384,514 $ 6,542,517 46998
GRF 600502 Child Support - Local $ 23,814,103 $ 23,814,103 46999
GRF 600511 Disability Financial Assistance $ 22,000,000 $ 22,000,000 47000
GRF 600521 Family Assistance - Local $ 41,132,751 $ 41,132,751 47001
GRF 600523 Family and Children Services $ 54,255,323 $ 54,255,323 47002
GRF 600528 Adoption Services 47003
State $ 28,623,389 $ 28,623,389 47004
Federal $ 38,202,557 $ 38,202,557 47005
Adoption Services Total $ 66,825,946 $ 66,825,946 47006
GRF 600533 Child, Family, and Adult Community & Protective Services $ 13,500,000 $ 13,500,000 47007
GRF 600534 Adult Protective Services $ 500,000 $ 500,000 47008
GRF 600535 Early Care and Education $ 123,596,474 $ 123,596,474 47009
GRF 600540 Food Banks $ 6,000,000 $ 6,000,000 47010
GRF 600541 Kinship Permanency Incentive Program $ 3,500,000 $ 3,500,000 47011
GRF 655522 Medicaid Program Support - Local $ 38,267,970 $ 38,267,970 47012
GRF 655523 Medicaid Program Support - Local Transportation $ 30,680,495 $ 30,680,495 47013
TOTAL GRF General Revenue Fund 47014
State $ 724,580,115 $ 724,580,115 47015
Federal $ 38,202,557 $ 38,202,557 47016
GRF Total $ 762,782,672 $ 762,782,672 47017

General Services Fund Group47018

4A80 600658 Public Assistance Activities $ 34,000,000 $ 34,000,000 47019
5DM0 600633 Administration & Operating $ 19,660,339 $ 19,660,339 47020
5HC0 600695 Unemployment Compensation Interest $ 60,000,000 $ 60,000,000 47021
5HL0 600602 State and County Shared Services $ 3,020,000 $ 3,020,000 47022
TOTAL GSF General Services 47023
Fund Group $ 124,780,339 $ 116,773,328 47024

Federal Special Revenue Fund Group47025

3270 600606 Child Welfare $ 29,769,866 $ 29,769,866 47026
3310 600615 Veterans Programs $ 8,000,000 $ 8,000,000 47027
3310 600624 Employment Services Programs $ 26,000,000 $ 26,000,000 47028
3310 600686 Workforce Programs $ 6,260,000 $ 6,260,000 47029
3840 600610 Food Assistance Programs $ 209,333,246 $ 180,381,394 47030
3850 600614 Refugee Services $ 12,564,952 $ 12,564,952 47031
3950 600616 Federal Discretionary Grants $ 2,259,264 $ 2,259,264 47032
3960 600620 Social Services Block Grant $ 47,000,000 $ 47,000,000 47033
3970 600626 Child Support - Federal $ 235,000,000 $ 235,000,000 47034
3980 600627 Adoption Program - Federal $ 174,178,779 $ 174,178,779 47035
3A20 600641 Emergency Food Distribution $ 5,000,000 $ 5,000,000 47036
3D30 600648 Children's Trust Fund Federal $ 3,477,699 $ 3,477,699 47037
3F01 655624 Medicaid Program Support $ 110,680,495 $ 110,680,495 47038
3H70 600617 Child Care Federal $ 241,987,805 $ 222,212,089 47039
3N00 600628 Foster Care Program - Federal $ 311,968,616 $ 311,968,616 47040
3S50 600622 Child Support Projects $ 534,050 $ 534,050 47041
3V00 600688 Workforce Investment Act Programs $ 136,000,000 $ 136,000,000 47042
3V40 600678 Federal Unemployment Programs $ 182,814,212 $ 182,814,212 47043
3V40 600679 UC Review Commission - Federal $ 6,185,788 $ 6,185,788 47044
3V60 600689 TANF Block Grant $ 777,957,809 $ 790,304,845 47045
TOTAL FED Federal Special Revenue 47046
Fund Group $ 2,526,972,581 $ 2,490,592,049 47047

State Special Revenue Fund Group47048

1980 600647 Children's Trust Fund $ 5,873,848 $ 5,873,848 47049
4A90 600607 Unemployment Compensation Administration Fund $ 9,006,000 $ 9,006,000 12,506,000 47050
4E70 600604 Family and Children Services Collections $ 400,000 $ 400,000 47051
4F10 600609 Family and Children Activities $ 683,549 $ 683,549 47052
5DB0 600637 Military Injury Relief Subsidies $ 2,000,000 $ 2,000,000 47053
5DP0 600634 Adoption Assistance Loan $ 500,000 $ 500,000 47054
5ES0 600630 Food Bank Assistance $ 500,000 $ 500,000 47055
5KU0 600611 Unemployment Compensation Support - Other Sources $ 2,000,000 $ 2,000,000 47056
5NG0 600660 Victims of Human Trafficking $ 100,000 $ 100,000 47057
5U60 600663 Family and Children Support $ 4,000,000 $ 4,000,000 47058
TOTAL SSR State Special Revenue 47059
Fund Group $ 25,063,397 $ 25,063,397 28,563,397 47060

Agency Fund Group47061

1920 600646 Child Support Intercept - Federal $ 129,250,000 $ 129,250,000 47062
5830 600642 Child Support Intercept - State $ 14,000,000 $ 14,000,000 47063
5B60 600601 Food Assistance Intercept $ 1,000,000 $ 1,000,000 47064
TOTAL AGY Agency Fund Group $ 144,250,000 $ 144,250,000 47065

Holding Account Redistribution Fund Group47066

R012 600643 Refunds and Audit Settlements $ 2,200,000 $ 2,200,000 47067
R013 600644 Forgery Collections $ 10,000 $ 10,000 47068
TOTAL 090 Holding Account Redistribution Fund Group $ 2,210,000 $ 2,210,000 47069
TOTAL ALL BUDGET FUND GROUPS $ 3,586,058,989 $ 3,541,671,446 3,545,171,446 47070


       Sec. 327.10. MHA DEPARTMENT OF MENTAL HEALTH AND ADDICTION 47072
SERVICES47073

General Revenue Fund47074

GRF 333321 Central Administration $ 13,495,337 $ 13,486,290 47075
GRF 333402 Resident Trainees $ 450,000 $ 450,000 47076
GRF 333415 Lease-Rental Payments $ 15,843,300 14,743,300 $ 16,076,700 47077
GRF 333416 Research Program Evaluation $ 321,998 $ 321,998 47078
GRF 334412 Hospital Services $ 190,514,437 $ 190,514,437 47079
GRF 334506 Court Costs $ 784,210 $ 784,210 47080
GRF 335405 Family & Children First $ 1,386,000 $ 1,386,000 47081
GRF 335406 Prevention and Wellness $ 868,659 $ 868,659 47082
GRF 335421 Continuum of Care Services $ 77,733,742 $ 77,633,742 47083
GRF 335422 Criminal Justice Services $ 4,917,898 $ 4,917,898 47084
GRF 335504 Community Innovations $ 6,500,000 $ 1,500,000 47085
GRF 335506 Residential State Supplement $ 7,502,875 $ 7,502,875 47086
GRF 335507 Community Behavioral Health $ 47,500,000 $ 47,500,000 47087
GRF 652507 Medicaid Support $ 1,727,553 $ 1,736,600 47088
TOTAL GRF General Revenue Fund $ 369,546,009 368,446,009 $ 364,679,409 47089

General Services Fund Group47090

1490 333609 Central Office Operating $ 1,343,190 $ 1,343,190 47091
5T90 333641 Problem Gambling Services - Administration $ 60,000 $ 60,000 47092
1490 334609 Hospital - Operating Expenses $ 28,190,000 $ 28,190,000 30,190,000 47093
1500 334620 Special Education $ 150,000 $ 150,000 47094
4P90 335604 Community Mental Health Projects $ 250,000 $ 250,000 47095
5T90 335641 Problem Gambling Services $ 275,000 $ 275,000 47096
1510 336601 Office of Support Services $ 115,000,000 $ 115,000,000 90,000,000 47097
TOTAL GSF General Services Fund Group $ 145,268,190 $ 145,268,190 122,268,190 47098

Federal Special Revenue Fund Group47099

3240 333605 Medicaid/Medicare - Refunds $ 154,500 $ 154,500 47100
3A60 333608 Federal Miscellaneous - Administration $ 140,000 $ 140,000 47101
3A70 333612 Social Services Block Grant - Administration $ 50,000 $ 50,000 47102
3A80 333613 Federal Grants - Administration $ 4,717,000 $ 4,717,000 47103
3A90 333614 Mental Health Block Grant - Administration $ 748,470 $ 748,470 47104
3G40 333618 Substance Abuse Block Grant- Administration $ 3,307,789 $ 3,307,789 47105
3H80 333606 Demonstration Grants - Administration $ 3,237,574 $ 3,237,574 6,000,000 47106
3N80 333639 Administrative Reimbursement $ 300,000 $ 300,000 47107
3240 334605 Medicaid/Medicare - Hospitals $ 28,200,000 $ 28,200,000 47108
3A60 334608 Federal Miscellaneous - Hospitals $ 200,000 $ 200,000 47109
3A80 334613 Federal Letter of Credit $ 200,000 $ 200,000 47110
3A60 335608 Federal Miscellaneous $ 2,170,000 $ 2,170,000 47111
3A70 335612 Social Services Block Grant $ 8,400,000 $ 8,400,000 47112
3A80 335613 Federal Grant - Community Mental Health Board Subsidy $ 2,500,000 $ 2,500,000 4,500,000 47113
3A90 335614 Mental Health Block Grant $ 14,200,000 $ 14,200,000 47114
3FR0 335638 Race to the Top - Early Learning Challenge Grant $ 1,164,000 $ 1,164,000 47115
3G40 335618 Substance Abuse Block Grant $ 62,542,003 $ 62,557,967 47116
3H80 335606 Demonstration Grants $ 5,428,006 $ 5,428,006 11,000,000 47117
3B10 652635 Community Medicaid Legacy Costs $ 5,000,000 $ 0 5,000,000 47118
3B10 652636 Community Medicaid Legacy Support $ 7,000,000 $ 7,000,000 47119
3J80 652609 Medicaid Legacy Costs Support $ 3,000,000 $ 0 3,000,000 47120
TOTAL FED Federal Special Revenue Fund Group $ 152,659,342 $ 144,675,306 163,009,726 47121

State Special Revenue Fund Group47122

2320 333621 Family and Children First Administration $ 400,000 $ 400,000 47123
4750 333623 Statewide Treatment and Prevention - Administration $ 5,490,667 $ 5,490,667 47124
4850 333632 Mental Health Operating - Refunds $ 134,233 $ 134,233 47125
5JL0 333629 Problem Gambling and Casino Addictions - Administration $ 1,361,592 $ 1,361,592 47126
5V20 333611 Non-Federal Miscellaneous $ 100,000 $ 100,000 47127
6890 333640 Education and Conferences $ 150,000 $ 150,000 47128
4850 334632 Mental Health Operating - Hospitals $ 2,477,500 $ 2,477,500 47129
4750 335623 Statewide Treatment and Prevention $ 10,059,333 $ 10,059,333 47130
5AU0 335615 Behavioral Health Care $ 6,690,000 $ 6,690,000 47131
5JL0 335629 Problem Gambling and Casino Addictions $ 4,084,772 4,084,772 47132
6320 335616 Community Capital Replacement $ 350,000 $ 350,000 47133
TOTAL SSR State Special Revenue Fund Group $ 31,298,097 $ 31,298,097 47134
TOTAL ALL BUDGET FUND GROUPS $ 698,771,638 697,671,638 $ 685,921,002 681,255,422 47135


       Sec. 327.83. COMMUNITY BEHAVIORAL HEALTH47137

        Of the foregoing appropriation item 335507, Community 47138
Behavioral Health, $30,000,000 in each fiscal year shall be 47139
allocated to community alcohol, drug addiction, and mental health 47140
services boards to provide mental health services.47141

        Of the foregoing appropriation item 335507, Community 47142
Behavioral Health, $17,500,000 in each fiscal year shall be 47143
allocated to community alcohol, drug addiction, and mental health 47144
services boards to be used for addiction services including 47145
medication, treatment programs, and counseling.47146

       The foregoing appropriation item 335507, Community Behavioral 47147
Health, shall be used to address gaps identified by the Department 47148
of Mental Health and Addiction Services in the continuum of care 47149
for persons with mental illness or addiction disorders, including 47150
access to crisis services.47151

       Of the foregoing appropriation item 335507, Community 47152
Behavioral Health, up to $6.5 million in fiscal year 2015 shall be 47153
used to expand evidence-based prevention resources statewide.47154

       Of the foregoing appropriation item 335507, Community 47155
Behavioral Health, $7.5 million in fiscal year 2015 shall be used 47156
to fund expansion and improvement of the Residential State 47157
Supplement Program.47158

       Of the foregoing appropriation item 335507, Community 47159
Behavioral Health, up to $2.0 million in fiscal year 2015 shall be 47160
used to support the Department of Mental Health and Addiction 47161
Services' partnership with the Ohio State University Wexner 47162
Medical Center in the implementation of an electronic medical 47163
records system, which shall be operated through a shared services 47164
arrangement.47165

       The remainder of the foregoing appropriation item 335507, 47166
Community Behavioral Health, an amount up to $31.5 million, in 47167
fiscal year 2015 shall be invested in addiction and mental health 47168
recovery supports, with an emphasis on crisis and housing. These 47169
investments shall address gaps in the continuum of care and shall 47170
be identified and implemented in consultation with boards of 47171
mental health and recovery services.47172

       Sec. 333.10. DNR DEPARTMENT OF NATURAL RESOURCES47173

General Revenue Fund47174

GRF 725401 Wildlife-GRF Central Support $ 1,800,000 $ 1,800,000 47175
GRF 725413 Lease Rental Payments $ 21,622,900 $ 23,943,400 47176
GRF 725456 Canal Lands $ 135,000 $ 135,000 47177
GRF 725502 Soil and Water Districts $ 2,900,000 $ 2,900,000 47178
GRF 725505 Healthy Lake Erie Fund $ 650,000 $ 500,000 47179
GRF 725507 Coal and Mine Safety Program $ 2,500,000 $ 2,500,000 47180
GRF 725903 Natural Resources General Obligation Debt Service $ 24,325,400 $ 25,443,000 23,743,000 47181
GRF 727321 Division of Forestry $ 4,392,002 $ 4,392,001 47182
GRF 729321 Office of Information Technology $ 177,405 $ 177,405 47183
GRF 730321 Division of Parks and Recreation $ 30,000,000 $ 30,000,000 47184
GRF 736321 Division of Engineering $ 2,279,115 $ 2,324,736 47185
GRF 737321 Division of Soil and Water Resources $ 4,782,704 $ 4,782,652 4,631,239 47186
GRF 738321 Division of Real Estate and Land Management $ 715,963 $ 670,342 47187
GRF 741321 Division of Natural Areas and Preserves $ 1,200,000 $ 1,200,000 47188
TOTAL GRF General Revenue Fund $ 97,480,489 $ 100,768,536 98,917,123 47189

General Services Fund Group47190

1550 725601 Departmental Projects $ 2,109,968 $ 1,839,204 47191
1570 725651 Central Support Indirect $ 4,609,154 $ 4,671,566 47192
2040 725687 Information Services $ 5,179,097 $ 5,288,168 47193
2050 725696 Human Resource Direct Service $ 2,474,345 $ 2,526,662 47194
2070 725690 Real Estate Services $ 50,000 $ 50,000 47195
2230 725665 Law Enforcement Administration $ 2,126,432 $ 2,126,432 47196
2270 725406 Parks Projects Personnel $ 436,500 $ 436,500 47197
4300 725671 Canal Lands $ 883,879 $ 883,879 47198
4S90 725622 NatureWorks Personnel $ 404,657 $ 412,570 47199
4X80 725662 Water Resources Council $ 138,005 $ 138,005 47200
5100 725631 Maintenance - State-owned Residences $ 303,611 $ 303,611 47201
5160 725620 Water Management $ 2,559,292 $ 2,559,292 47202
6350 725664 Fountain Square Facilities Management $ 3,329,935 $ 3,346,259 47203
6970 725670 Submerged Lands $ 852,982 $ 869,145 47204
TOTAL GSF General Services 47205
Fund Group $ 25,457,857 $ 25,451,293 47206

Federal Special Revenue Fund Group47207

3320 725669 Federal Mine Safety Grant $ 265,000 $ 265,000 47208
3B30 725640 Federal Forest Pass-Thru $ 500,000 $ 500,000 47209
3B40 725641 Federal Flood Pass-Thru $ 500,000 $ 500,000 47210
3B50 725645 Federal Abandoned Mine Lands $ 11,851,759 $ 11,851,759 47211
3B60 725653 Federal Land and Water Conservation Grants $ 950,000 $ 950,000 47212
3B70 725654 Reclamation - Regulatory $ 3,200,000 $ 3,200,000 47213
3P10 725632 Geological Survey - Federal $ 933,448 $ 557,146 47214
3P20 725642 Oil and Gas - Federal $ 234,509 $ 234,509 47215
3P30 725650 Coastal Management - Federal $ 2,790,633 $ 2,790,633 47216
3P40 725660 Federal - Soil and Water Resources $ 969,190 $ 1,006,874 47217
3R50 725673 Acid Mine Drainage Abatement/Treatment $ 4,342,280 $ 4,342,280 47218
3Z50 725657 Federal Recreation and Trails $ 1,850,000 $ 1,850,000 47219
TOTAL FED Federal Special Revenue 47220
Fund Group $ 28,386,819 $ 28,048,201 47221

State Special Revenue Fund Group47222

4J20 725628 Injection Well Review $ 128,466 $ 128,466 47223
4M70 725686 Wildfire Suppression $ 100,000 $ 100,000 47224
4U60 725668 Scenic Rivers Protection $ 100,000 $ 100,000 47225
5090 725602 State Forest $ 6,873,330 $ 6,880,158 47226
5110 725646 Ohio Geological Mapping $ 1,220,690 $ 1,993,519 47227
5120 725605 State Parks Operations $ 29,654,880 $ 29,671,044 47228
5140 725606 Lake Erie Shoreline $ 1,559,583 $ 1,559,583 47229
5180 725643 Oil and Gas Permit Fees Regulation and Safety $ 12,812,311 $ 13,140,201 47230
5180 725677 Oil and Gas Well Plugging $ 1,500,000 $ 1,500,000 2,500,000 47231
5210 725627 Off-Road Vehicle Trails $ 143,490 $ 143,490 47232
5220 725656 Natural Areas and Preserves $ 546,639 $ 546,639 47233
5260 725610 Strip Mining Administration Fee $ 1,800,000 $ 1,800,000 47234
5270 725637 Surface Mining Administration $ 1,941,532 $ 1,941,532 47235
5290 725639 Unreclaimed Land Fund $ 1,804,180 $ 1,804,180 47236
5310 725648 Reclamation Forfeiture $ 500,000 $ 500,000 47237
5B30 725674 Mining Regulation $ 28,135 $ 28,135 47238
5BV0 725658 Heidelberg Water Quality Lab $ 250,000 $ 250,000 47239
5BV0 725683 Soil and Water Districts $ 8,000,000 $ 8,000,000 47240
5EJ0 725608 Forestry Law Enforcement $ 1,000 $ 1,000 47241
5EK0 725611 Natural Areas & Preserves Law Enforcement $ 1,000 $ 1,000 47242
5EL0 725612 Wildlife Law Enforcement $ 12,000 $ 12,000 47243
5EM0 725613 Park Law Enforcement $ 34,000 $ 34,000 47244
5EN0 725614 Watercraft Law Enforcement $ 2,500 $ 2,500 47245
5HK0 725625 Ohio Nature Preserves $ 1,000 $ 1,000 47246
5MF0 725635 Ohio Geology License Plate $ 7,500 $ 7,500 47247
5MW0 725604 Natural Resources Special Purposes $ 10,163,812 $ 6,165,162 47248
6150 725661 Dam Safety $ 943,517 $ 943,517 47249
TOTAL SSR State Special Revenue 47250
Fund Group $ 80,129,565 $ 77,254,626 78,254,626 47251

Clean Ohio Conservation Fund Group47252

7061 725405 Clean Ohio Operating $ 300,775 $ 300,775 47253
TOTAL CLF Clean Ohio Conservation Fund Group $ 300,775 $ 300,775 47254

Wildlife Fund Group47255

5P20 725634 Wildlife Boater Angler Administration $ 3,000,000 $ 3,000,000 47256
7015 740401 Division of Wildlife Conservation $ 56,466,564 $ 57,075,976 47257
8150 725636 Cooperative Management Projects $ 120,449 $ 120,449 47258
8160 725649 Wetlands Habitat $ 966,885 $ 966,885 47259
8170 725655 Wildlife Conservation Checkoff Fund $ 2,000,000 $ 2,000,000 47260
8180 725629 Cooperative Fisheries Research $ 1,500,000 $ 1,500,000 47261
8190 725685 Ohio River Management $ 203,584 $ 203,584 47262
81B0 725688 Wildlife Habitat Fund $ 1,200,000 $ 1,200,000 47263
TOTAL WLF Wildlife Fund Group $ 65,457,482 $ 66,066,894 47264

Waterways Safety Fund Group47265

7086 725414 Waterways Improvement $ 5,693,671 $ 5,693,671 47266
7086 725418 Buoy Placement $ 52,182 $ 52,182 47267
7086 725501 Waterway Safety Grants $ 120,000 $ 120,000 47268
7086 725506 Watercraft Marine Patrol $ 576,153 $ 576,153 47269
7086 725513 Watercraft Educational Grants $ 366,643 $ 366,643 47270
7086 739401 Division of Watercraft $ 19,467,370 $ 19,297,370 47271
TOTAL WSF Waterways Safety Fund 47272
Group $ 26,276,019 $ 26,106,019 47273

Accrued Leave Liability Fund Group47274

4M80 725675 FOP Contract $ 20,219 $ 20,219 47275
TOTAL ALF Accrued Leave 47276
Liability Fund Group $ 20,219 $ 20,219 47277

Holding Account Redistribution Fund Group47278

R017 725659 Performance Cash Bond Refunds $ 496,263 $ 496,263 47279
R043 725624 Forestry $ 2,100,000 $ 2,100,000 47280
TOTAL 090 Holding Account 47281
Redistribution Fund Group $ 2,596,263 $ 2,596,263 47282
TOTAL ALL BUDGET FUND GROUPS $ 326,105,488 $ 326,612,826 325,761,413 47283


       Sec. 333.80. SOIL AND WATER DISTRICTS47285

       In addition to state payments to soil and water conservation 47286
districts authorized by section 1515.10 of the Revised Code, the 47287
Department of Natural Resources may use appropriation item 725683, 47288
Soil and Water Districts, to pay any soil and water conservation 47289
district an annual amount not to exceed $40,000, upon receipt of a 47290
request and justification from the district and approval by the 47291
Ohio Soil and Water Conservation Commission. The county auditor 47292
shall credit the payments to the special fund established under 47293
section 1515.10 of the Revised Code for the local soil and water 47294
conservation district. Moneys received by each district shall be 47295
expended for the purposes of the district.47296

       OIL AND GAS WELL PLUGGING47297

       The foregoing appropriation item 725677, Oil and Gas Well 47298
Plugging, shall be used exclusively for the purposes of plugging 47299
wells and to properly restore the land surface of idle and orphan 47300
oil and gas wells pursuant to section 1509.071 of the Revised 47301
Code. No funds from the appropriation item shall be used for 47302
salaries, maintenance, equipment, or other administrative 47303
purposes, except for those costs directly attributed to the 47304
plugging of an idle or orphan well. This appropriation item shall 47305
not be used to transfer cash to any other fund or appropriation 47306
item.47307

       TRANSFER OF FUNDS FOR OIL AND GAS DIVISION AND GEOLOGICAL 47308
MAPPING OPERATIONS47309

       During fiscal years 2014 and 2015, the Director of Budget and 47310
Management may, in consultation with the Director of Natural 47311
Resources, transfer such cash as necessary from the General 47312
Revenue Fund to the Oil and Gas Well Fund (Fund 5180) and the 47313
Geological Mapping Fund (Fund 5110). The transfer to Fund 5180 47314
shall be used for handling the increased regulatory work related 47315
to the expansion of the oil and gas program that will occur before 47316
receipts from this activity are deposited into Fund 5180. The 47317
transfer to Fund 5110 shall be used for handling the increased 47318
field and laboratory research efforts related to the expansion of 47319
the oil and gas program that will occur before receipts from this 47320
activity are deposited into Fund 5110. Once funds from severance 47321
taxes, application and permitting fees, and other sources have 47322
accrued to Fund 5180 and Fund 5110 in such amounts as are 47323
considered sufficient to sustain expanded operations, the Director 47324
of Budget and Management, in consultation with the Director of 47325
Natural Resources, shall establish a schedule for repaying the 47326
transferred funds from Fund 5180 and Fund 5110 to the General 47327
Revenue Fund.47328

       NATURAL RESOURCES SPECIAL PURPOSES47329

        Of the foregoing appropriation item 725604, Natural Resources 47330
Special Purposes, up to $2,100,000 in fiscal year 2014 shall be 47331
used for the construction or acquisition of a treatment train 47332
process at an Ohio inland lake, and up to $1,800,000 in fiscal 47333
year 2014 shall be used for the purchase of two sweeper dredges 47334
for use at Ohio inland lakes, and $263,812 in fiscal year 2014 and 47335
$165,162 in fiscal year 2015 shall be used for the operation of 47336
the dredges purchased under this section.47337

       Sec. 340.10. OOD OPPORTUNITIES FOR OHIOANS WITH DISABILITIES 47338
AGENCY47339

General Revenue Fund47340

GRF 415402 Independent Living Council $ 252,000 $ 252,000 47341
GRF 415406 Assistive Technology $ 26,618 $ 26,618 47342
GRF 415431 Office for People with Brain Injury $ 126,567 $ 126,567 47343
GRF 415506 Services for People Individuals with Disabilities $ 15,277,885 $ 15,277,885 47344
GRF 415508 Services for the Deaf $ 28,000 $ 28,000 47345
TOTAL GRF General Revenue Fund $ 15,711,070 $ 15,711,070 47346

General Services Fund Group47347

4670 415609 Business Enterprise Operating Expenses $ 962,538 $ 965,481 47348
TOTAL GSF General Services 47349
Fund Group $ 962,538 $ 965,481 47350

Federal Special Revenue Fund Group47351

3170 415620 Disability Determination $ 83,332,186 $ 84,641,911 47352
3790 415616 Federal - Vocational Rehabilitation $ 117,431,895 $ 113,610,728 47353
3L10 415601 Social Security Personal Care Assistance $ 2,748,451 $ 2,752,396 47354
3L10 415605 Social Security Community Centers for the Deaf $ 772,000 $ 772,000 47355
3L10 415608 Social Security Special Programs/Assistance Vocational Rehabilitation $ 445,258 $ 498,269 47356
3L40 415612 Federal Independent Living Centers or Services $ 638,431 $ 638,431 47357
3L40 415615 Federal - Supported Employment $ 916,727 $ 916,727 47358
3L40 415617 Independent Living/Vocational Rehabilitation Programs $ 1,548,658 $ 1,348,658 47359
TOTAL FED Federal Special 47360
Revenue Fund Group $ 207,833,606 $ 205,179,120 47361

State Special Revenue Fund Group47362

4680 415618 Third Party Funding $ 11,000,000 $ 11,000,000 47363
4L10 415619 Services for Rehabilitation $ 3,502,168 $ 3,502,168 47364
4W50 415606 Program Management Expenses $ 12,369,751 $ 12,594,758 47365
TOTAL SSR State Special 47366
Revenue Fund Group $ 26,871,919 $ 27,096,926 47367
TOTAL ALL BUDGET FUND GROUPS $ 251,379,133 $ 248,952,597 47368

       INDEPENDENT LIVING COUNCIL47369

       The foregoing appropriation item 415402, Independent Living 47370
Council, shall be used to fund the operations of the State 47371
Independent Living Council and to support state independent living 47372
centers and independent living services under Title VII of the 47373
Independent Living Services and Centers for Independent Living of 47374
the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29 47375
U.S.C. 796d.47376

       Of the foregoing appropriation item 415402, Independent 47377
Living Council, $67,662 in each fiscal year shall be used as state 47378
matching funds for vocational rehabilitation innovation and 47379
expansion activities.47380

       ASSISTIVE TECHNOLOGY47381

       The total amount of the foregoing appropriation item 415406, 47382
Assistive Technology, shall be provided to Assistive Technology of 47383
Ohio to provide grants and assistive technology services for 47384
people with disabilities in the State of Ohio.47385

       OFFICE FOR PEOPLE WITH BRAIN INJURY47386

       The foregoing appropriation item 415431, Office for People 47387
with Brain Injury, shall be provided to The Ohio State University 47388
College of Medicine to support the Brain Injury Program 47389
established under section 3304.23 of the Revised Code. 47390

       VOCATIONAL REHABILITATION SERVICES47391

       The foregoing appropriation item 415506, Services for People47392
Individuals with Disabilities, shall be used as state matching 47393
funds to provide vocational rehabilitation services to eligible 47394
consumers.47395

       SERVICES FOR THE DEAF47396

        The foregoing appropriation item 415508, Services for the 47397
Deaf, shall be used to provide grants to community centers for the 47398
deaf.47399

       INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS47400

       The foregoing appropriation item 415617, Independent 47401
Living/Vocational Rehabilitation Programs, shall be used to 47402
support vocational rehabilitation programs.47403

       SOCIAL SECURITY REIMBURSEMENT FUNDS47404

       Reimbursement funds received from the Social Security 47405
Administration, United States Department of Health and Human 47406
Services, for the costs of providing services and training to 47407
return disability recipients to gainful employment shall be 47408
expended from the Social Security Reimbursement Fund (Fund 3L10), 47409
to the extent funds are available, as follows:47410

       (A) Appropriation item 415601, Social Security Personal Care 47411
Assistance, to provide personal care services in accordance with 47412
section 3304.41 of the Revised Code;47413

       (B) Appropriation item 415605, Social Security Community 47414
Centers for the Deaf, to provide grants to community centers for 47415
the deaf in Ohio for services to individuals with hearing 47416
impairments; and47417

       (C) Appropriation item 415608, Social Security Special 47418
Programs/AssistanceVocational Rehabilitation, to provide 47419
vocational rehabilitation services to individuals with severe 47420
disabilities who are Social Security beneficiaries, to enable them 47421
to achieve competitive employment. This appropriation item shall 47422
also be used to pay a portion of indirect costs of the Personal 47423
Care Assistance Program and the Independent Living Programs as 47424
mandated by federal OMB Circular A-87.47425

       PROGRAM MANAGEMENT EXPENSES47426

       The foregoing appropriation item 415606, Program Management 47427
Expenses, shall be used to support the administrative functions of 47428
the commission related to the provision of vocational 47429
rehabilitation, disability determination services, and ancillary 47430
programs.47431

       Sec. 359.10. PWC PUBLIC WORKS COMMISSION47432

General Revenue Fund47433

GRF 150904 Conservation General Obligation Debt Service $ 33,376,600 26,676,600 $ 34,447,700 47434
GRF 150907 State Capital Improvements General Obligation Debt Service $ 227,810,300 210,710,300 $ 228,948,900 226,948,900 47435
TOTAL GRF General Revenue Fund $ 261,186,900 237,386,900 $ 263,396,600 261,396,600 47436

Clean Ohio Conservation Fund Group47437

7056 150403 Clean Ohio Operating Expenses $ 288,980 $ 288,980 47438
TOTAL 056 Clean Ohio Conservation Fund Group $ 288,980 $ 288,980 47439

TOTAL ALL BUDGET FUND GROUPS $ 261,475,880 237,675,880 $ 263,685,580 261,685,580 47440

       CONSERVATION GENERAL OBLIGATION DEBT SERVICE47441

       The foregoing appropriation item 150904, Conservation General 47442
Obligation Debt Service, shall be used to pay all debt service and 47443
related financing costs during the period from July 1, 2013, 47444
through June 30, 2015, at the times they are required to be made 47445
for obligations issued under sections 151.01 and 151.09 of the 47446
Revised Code.47447

       STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE47448

       The foregoing appropriation item 150907, State Capital 47449
Improvements General Obligation Debt Service, shall be used to pay 47450
all debt service and related financing costs during the period 47451
from July 1, 2013, through June 30, 2015, at the times they are 47452
required to be made for obligations issued under sections 151.01 47453
and 151.08 of the Revised Code.47454

       CLEAN OHIO OPERATING EXPENSES47455

       The foregoing appropriation item 150403, Clean Ohio Operating 47456
Expenses, shall be used by the Ohio Public Works Commission in 47457
administering Clean Ohio Conservation Fund (Fund 7056) projects 47458
pursuant to sections 164.20 to 164.27 of the Revised Code.47459

       Sec. 363.10. BOR BOARD OF REGENTS47460

General Revenue Fund47461

GRF 235321 Operating Expenses $ 2,850,357 $ 2,850,357 47462
GRF 235401 Lease Rental Payments $ 5,805,300 $ 0 47463
GRF 235402 Sea Grants $ 285,000 $ 285,000 47464
GRF 235406 Articulation and Transfer $ 2,000,000 $ 2,000,000 47465
GRF 235408 Midwest Higher Education Compact $ 95,000 $ 95,000 47466
GRF 235409 HEI Information System $ 1,505,683 $ 1,505,683 47467
GRF 235414 State Grants and Scholarship Administration $ 830,180 $ 830,180 47468
GRF 235417 eStudent Services $ 2,532,688 $ 2,532,688 47469
GRF 235428 Appalachian New Economy Partnership $ 737,366 $ 737,366 47470
GRF 235433 Economic Growth Challenge $ 521,153 $ 521,153 47471
GRF 235434 College Readiness and Access $ 1,200,000 $ 1,200,000 47472
GRF 235438 Choose Ohio First Scholarship $ 16,665,114 $ 16,665,114 47473
GRF 235443 Adult Basic and Literacy Education - State $ 7,427,416 $ 7,427,416 47474
GRF 235444 Post-Secondary Adult Career-Technical Education $ 15,817,547 $ 15,817,547 47475
GRF 235474 Area Health Education Centers Program Support $ 900,000 $ 900,000 47476
GRF 235480 General Technology Operations $ 500,000 $ 500,000 47477
GRF 235483 Technology Integration and Professional Development $ 3,378,598 $ 2,703,598 47478
GRF 235501 State Share of Instruction $ 1,789,699,580 $ 1,818,225,497 1,821,325,497 47479
GRF 235502 Student Support Services $ 632,974 $ 632,974 47480
GRF 235504 War Orphans Scholarships $ 5,500,000 $ 5,500,000 47481
GRF 235507 OhioLINK $ 6,211,012 $ 6,211,012 47482
GRF 235508 Air Force Institute of Technology $ 1,740,803 $ 1,740,803 47483
GRF 235510 Ohio Supercomputer Center $ 3,747,418 $ 3,747,418 47484
GRF 235511 Cooperative Extension Service $ 23,086,658 $ 23,056,658 47485
GRF 235514 Central State Supplement $ 11,063,468 $ 11,063,468 47486
GRF 235515 Case Western Reserve University School of Medicine $ 2,146,253 $ 2,146,253 47487
GRF 235516 Wright State Lake Campus Agricultural Program $ 200,000 $ 0 47488
GRF 235519 Family Practice $ 3,166,185 $ 3,166,185 47489
GRF 235520 Shawnee State Supplement $ 2,326,097 $ 2,326,097 47490
GRF 235523 Youth STEM Commercialization and Entrepreneurship Program $ 2,000,000 $ 3,000,000 47491
GRF 235524 Police and Fire Protection $ 107,814 $ 107,814 47492
GRF 235525 Geriatric Medicine $ 522,151 $ 522,151 47493
GRF 235526 Primary Care Residencies $ 1,500,000 $ 1,500,000 47494
GRF 235535 Ohio Agricultural Research and Development Center $ 34,126,100 $ 34,629,970 47495
GRF 235536 The Ohio State University Clinical Teaching $ 9,668,941 $ 9,668,941 47496
GRF 235537 University of Cincinnati Clinical Teaching $ 7,952,573 $ 7,952,573 47497
GRF 235538 University of Toledo Clinical Teaching $ 6,198,600 $ 6,198,600 47498
GRF 235539 Wright State University Clinical Teaching $ 3,011,400 $ 3,011,400 47499
GRF 235540 Ohio University Clinical Teaching $ 2,911,212 $ 2,911,212 47500
GRF 235541 Northeast Ohio Medical University Clinical Teaching $ 2,994,178 $ 2,994,178 47501
GRF 235552 Capital Component $ 13,628,639 $ 10,280,387 47502
GRF 235555 Library Depositories $ 1,440,342 $ 1,440,342 47503
GRF 235556 Ohio Academic Resources Network $ 3,172,519 $ 3,172,519 47504
GRF 235558 Long-term Care Research $ 325,300 $ 325,300 47505
GRF 235563 Ohio College Opportunity Grant $ 90,284,264 $ 90,284,264 47506
GRF 235572 The Ohio State University Clinic Support $ 766,533 $ 766,533 47507
GRF 235599 National Guard Scholarship Program $ 16,711,514 $ 17,384,511 47508
GRF 235909 Higher Education General Obligation Debt Service $ 221,168,700 215,368,700 $ 248,822,000 245,822,000 47509
TOTAL GRF General Revenue Fund $ 2,331,062,630 2,325,262,630 $ 2,379,360,162 2,379,460,162 47510

General Services Fund Group47511

2200 235614 Program Approval and Reauthorization $ 903,595 $ 903,595 47512
4560 235603 Sales and Services $ 199,250 $ 199,250 47513
5JC0 235649 Co-op Internship Program $ 8,000,000 $ 8,000,000 47514
5JC0 235668 Defense/Aerospace Workforce Development Initiative $ 4,000,000 $ 4,000,000 47515
5JC0 235685 Manufacturing Workforce Development Initiative $ 2,000,000 $ 0 47516
TOTAL GSF General Services 47517
Fund Group $ 15,102,845 $ 13,102,845 47518

Federal Special Revenue Fund Group47519

3120 235612 Carl D. Perkins Grant/Plan Administration $ 1,350,000 $ 1,350,000 47520
3120 235617 Improving Teacher Quality Grant $ 3,200,000 $ 3,200,000 47521
3120 235641 Adult Basic and Literacy Education - Federal $ 14,835,671 $ 14,835,671 47522
3120 235672 H-1B Tech Skills Training $ 1,100,000 $ 1,100,000 47523
3BW0 235630 Indirect Cost Recovery - Federal $ 50,000 $ 50,000 47524
3H20 235608 Human Services Project $ 1,000,000 $ 1,000,000 47525
TOTAL FED Federal Special Revenue 47526
Fund Group $ 21,535,671 $ 21,535,671 47527

State Special Revenue Fund Group47528

4E80 235602 Higher Educational Facility Commission Administration $ 29,100 $ 29,100 47529
4X10 235674 Telecommunity and Distance Learning $ 49,150 $ 49,150 47530
5D40 235675 Conferences/Special Purposes $ 1,884,095 $ 1,884,095 47531
5FR0 235643 Making Opportunity Affordable $ 230,000 $ 230,000 47532
5P30 235663 Variable Savings Plan $ 8,066,920 $ 8,104,370 47533
6450 235664 Guaranteed Savings Plan $ 1,290,718 $ 1,303,129 47534
6820 235606 Nursing Loan Program $ 891,320 $ 891,320 47535
TOTAL SSR State Special Revenue 47536
Fund Group $ 12,441,303 $ 12,491,164 47537

Third Frontier Research & Development Fund Group47538

7011 235634 Research Incentive Third Frontier Fund $ 8,000,000 $ 8,000,000 47539
TOTAL 011 Third Frontier Research & Development Fund Group $ 8,000,000 $ 8,000,000 47540
TOTAL ALL BUDGET FUND GROUPS $ 2,388,142,449 2,382,342,449 $ 2,434,489,842 2,434,589,842 47541


       Sec. 363.120. POST-SECONDARY ADULT CAREER-TECHNICAL EDUCATION47543

       The foregoing appropriation item 235444, Post-Secondary Adult 47544
Career-Technical Education, shall be used by the Chancellor of the 47545
Board of Regents, in consultation with the Superintendent of 47546
Public Instruction and the Governor's Office of Workforce 47547
Transformation, to support post-secondary adult career-technical 47548
education. The Chancellor of the Board of Regents, the 47549
Superintendent of Public Instruction, and the Governor's Office of 47550
Workforce Transformation, or their designees, shall hold a series 47551
of consultations with the Ohio Technical Centers during fiscal 47552
year 2014 to develop an appropriate funding formula to distribute 47553
these funds based on student outcomes, beginning in fiscal year 47554
2015.47555

       Not later than June 30, 2014, the Chancellor of the Board of 47556
Regents shall establish a One-Year Option credit articulation 47557
system in which graduates of Ohio Technical Centers who complete a 47558
900-hour program of study and obtain an industry-recognized 47559
credential approved by the Chancellor shall receive 30 college 47560
technical credit hours toward a technical degree upon enrollment 47561
in an institution of higher education.47562

        By June 30, 2014, the Chancellor also shall submit a report 47563
to the General Assembly, in accordance with section 101.68 of the 47564
Revised Code, that recommends a process to award proportional 47565
credit toward a technical degree for students who complete a 47566
program of study between 600 and 899 hours and obtain an 47567
industry-recognized credential approved by the Chancellor.47568

        As used in this section, "institution of higher education" 47569
has the same meaning as in section 3345.12 of the Revised Code.47570

       FY 2015 OHIO TECHNICAL CENTERS FUNDING47571

       (A)(1) As soon as possible in each fiscal year, in accordance 47572
with instructions of the Chancellor of the Board of Regents, each 47573
Ohio Technical Center shall report its actual data, consistent 47574
with the definitions in the Higher Education Information (HEI) 47575
system's files, to the Chancellor.47576

       (a) In defining the number of full-time equivalent students 47577
for state subsidy purposes, the Chancellor of the Board of Regents 47578
shall exclude all students who are not residents of Ohio.47579

       (b) A full-time equivalent student shall be defined as a 47580
student who completes 450 hours. Those students that complete some 47581
portion of the 450 hours shall be counted as a partial full-time 47582
equivalent for funding purposes, while students that complete more 47583
than 450 hours shall be counted as proportionally greater than one 47584
full-time equivalent.47585

       (c) In calculating each Ohio Technical Center's full-time 47586
equivalent students, the Chancellor of the Board of Regents shall 47587
use a three-year average.47588

        (2) Twenty-five per cent of the fiscal year 2015 allocation 47589
for Ohio Technical Centers shall be distributed based on the 47590
proportion of each Center's full-time equivalent students to the 47591
total full-time equivalent students who complete a post-secondary 47592
workforce training program approved by the Chancellor with a grade 47593
of C or better or a grade of pass if the program is evaluated on a 47594
pass/fail basis. 47595

       (3) Twenty per cent of the fiscal year 2015 allocation for 47596
Ohio Technical Centers shall be distributed based on the 47597
proportion of each Center's full-time equivalent students to the 47598
total full-time equivalent students who complete 50 per cent of a 47599
program of study as a measure of student retention. 47600

       (4) Fifty per cent of the fiscal year 2015 allocation for 47601
Ohio Technical Centers shall be distributed based on the 47602
proportion of each Center's full-time equivalent students to the 47603
total full-time equivalent students who have found employment, 47604
entered military service, or enrolled in additional post-secondary 47605
education and training in accordance with the placement 47606
definitions of the Carl D. Perkins Career and Technical Education 47607
Act of 2006 (Perkins). The calculation for eligible full-time 47608
equivalent students shall be based on the per cent of Perkins 47609
placements for students who have completed at least 50 per cent of 47610
a program of study. 47611

       (5) Five per cent of the fiscal year 2015 allocation for Ohio 47612
Technical Centers shall be distributed based on the proportion of 47613
each Center's full-time equivalent students to the total full-time 47614
equivalent students who have earned a credential from an 47615
industry-recognized third party. 47616

        (B) Of the foregoing appropriation item 235444, 47617
Post-Secondary Adult Career-Technical Education, $400,000 in 47618
fiscal year 2015 shall be distributed by the Chancellor of the 47619
Board of Regents to the Ohio Central School System, $48,000 in 47620
fiscal year 2015 shall be utilized for accreditation assistance 47621
for Ohio Technical Centers, and $975,000 in fiscal year 2015 shall 47622
be distributed by the Chancellor to Ohio Technical Centers that 47623
provide business consultation with matching local dollars. Centers 47624
meeting this requirement shall receive an amount not to exceed 47625
$25,000 per center.47626

       (C) The remainder of the foregoing appropriation item 235444, 47627
Post-Secondary Adult Career-Technical Education, in FY 2015 shall 47628
be distributed in accordance with division (A) of this section.47629

       (D) PHASE-IN OF PERFORMANCE FUNDING FOR OHIO TECHNICAL 47630
CENTERS47631

       (1) In fiscal year 2015, no Ohio Technical Center shall 47632
receive performance funding calculated under division (A) of this 47633
section, excluding funding for third party credentials calculated 47634
under division (A)(5) of this section, that is less than 96 per 47635
cent of the average allocation the Center received in the three 47636
prior fiscal years.47637

       (2) In order to ensure that no Center receives less than 96 47638
per cent of the prior three-year average allocation in accordance 47639
with division (D)(1) of this section, funds shall be made 47640
available to support the phase-in allocation by proportionally 47641
reducing formula earnings from each Center not receiving phase-in 47642
funding.47643

       Sec. 363.190. STATE SHARE OF INSTRUCTION FORMULAS47644

       The Chancellor of the Board of Regents shall establish 47645
procedures to allocate the foregoing appropriation item 235501, 47646
State Share of Instruction, based on the formulas detailed in this 47647
section that utilize the enrollment, course completion, degree 47648
attainment, and student achievement factors reported annually by 47649
each state institution of higher education participating in the 47650
Higher Education Information (HEI) system.47651

       (A) FULL-TIME EQUIVALENT (FTE) ENROLLMENTS AND COURSE 47652
COMPLETIONS47653

       (1) As soon as possible during each fiscal year of the 47654
biennium ending June 30, 2015, in accordance with instructions of 47655
the Board of Regents, each state institution of higher education 47656
shall report its actual data, consistent with the definitions in 47657
the Higher Education Information (HEI) system's enrollment files, 47658
to the Chancellor of the Board of Regents.47659

       (2) In defining the number of full-time equivalent students 47660
for state subsidy instructional cost purposes, the Chancellor of 47661
the Board of Regents shall exclude all undergraduate students who 47662
are not residents of Ohio, except those charged in-state fees in 47663
accordance with reciprocity agreements made under section 3333.17 47664
of the Revised Code or employer contracts entered into under 47665
section 3333.32 of the Revised Code.47666

       (3) In calculating the core subsidy entitlements for 47667
university branch and main campuses, the Chancellor of the Board 47668
of Regents shall use the following count of FTE students:47669

       (a) The subsidy eligible enrollments by model shall equal 47670
only those FTE students who successfully complete the course as 47671
defined and reported through the Higher Education Information 47672
(HEI) system course enrollment file; 47673

       (b) Those undergraduate FTE students with successful course 47674
completions, identified in division (A)(3)(a) of this section, 47675
that had an expected family contribution less than 2190 or were 47676
determined to have been in need of remedial education shall be 47677
defined as at-risk students and shall have their eligible 47678
completions weighted by the following:47679

       (i) Campus-specific course completion indexes, where the 47680
indexes are calculated based upon the number of at-risk students 47681
enrolled during the 2010-2012 academic years; and47682

       (ii) A statewide average at-risk course completion weight 47683
determined for each subsidy model. The statewide average at-risk 47684
course completion weight shall be determined by calculating the 47685
difference between the percentage of traditional students who 47686
complete a course and the percentage of at-risk students who 47687
complete the same course.47688

       (4) In calculating the core subsidy entitlements for Medical 47689
II models only, students repeating terms may be no more than five 47690
per cent of current year enrollment.47691

       (B) TOTAL COSTS PER FULL-TIME EQUIVALENT STUDENT47692

       For purposes of calculating state share of instruction 47693
allocations, the total instructional costs per full-time 47694
equivalent student shall be:47695

Model Fiscal Year 2014 Fiscal Year 2015 47696
ARTS AND HUMANITIES 1 $7,803 $7,940 47697
ARTS AND HUMANITIES 2 $10,828 $11,018 47698
ARTS AND HUMANITIES 3 $13,988 $14,234 47699
ARTS AND HUMANITIES 4 $20,242 $20,598 47700
ARTS AND HUMANITIES 5 $33,969 $34,567 47701
ARTS AND HUMANITIES 6 $38,280 $38,954 47702
BUSINESS, EDUCATION & SOCIAL SCIENCES 1 $7,109 $7,235 47703
BUSINESS, EDUCATION & SOCIAL SCIENCES 2 $8,106 $8,249 47704
BUSINESS, EDUCATION & SOCIAL SCIENCES 3 $10,640 $10,827 47705
BUSINESS, EDUCATION & SOCIAL SCIENCES 4 $12,647 $12,869 47706
BUSINESS, EDUCATION & SOCIAL SCIENCES 5 $19,657 $20,003 47707
BUSINESS, EDUCATION & SOCIAL SCIENCES 6 $22,006 $22,393 47708
BUSINESS, EDUCATION & SOCIAL SCIENCES 7 $30,558 $31,096 47709
MEDICAL 1 $53,424 $54,365 47710
MEDICAL 2 $45,873 $46,681 47711
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1 $7,190 $7,317 47712
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2 $10,091 $10,268 47713
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3 $11,928 $12,138 47714
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4 $15,186 $15,454 47715
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5 $20,043 $20,396 47716
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6 $21,633 $22,013 47717
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7 $26,471 $26,937 47718
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8 $36,766 $37,413 47719
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9 $52,170 $53,088 47720

       Doctoral I and Doctoral II models shall be allocated in 47721
accordance with division (D)(3) of this section.47722

       (C) SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICAL, 47723
AND GRADUATE WEIGHTS47724

       For the purpose of implementing the recommendations of the 47725
2006 State Share of Instruction Consultation and the Higher 47726
Education Funding Study Council that priority be given to 47727
maintaining state support for science, technology, engineering, 47728
mathematics, medicine, and graduate programs, the costs in 47729
division (B) of this section shall be weighted by the amounts 47730
provided below:47731

Model Fiscal Year 2014 Fiscal Year 2015 47732
ARTS AND HUMANITIES 1 1.0000 1.0000 47733
ARTS AND HUMANITIES 2 1.0000 1.0000 47734
ARTS AND HUMANITIES 3 1.0000 1.0000 47735
ARTS AND HUMANITIES 4 1.0000 1.0000 47736
ARTS AND HUMANITIES 5 1.0425 1.0425 47737
ARTS AND HUMANITIES 6 1.0425 1.0425 47738
BUSINESS, EDUCATION & SOCIAL SCIENCES 1 1.0000 1.0000 47739
BUSINESS, EDUCATION & SOCIAL SCIENCES 2 1.0000 1.0000 47740
BUSINESS, EDUCATION & SOCIAL SCIENCES 3 1.0000 1.0000 47741
BUSINESS, EDUCATION & SOCIAL SCIENCES 4 1.0000 1.0000 47742
BUSINESS, EDUCATION & SOCIAL SCIENCES 5 1.0425 1.0425 47743
BUSINESS, EDUCATION & SOCIAL SCIENCES 6 1.0425 1.0425 47744
BUSINESS, EDUCATION & SOCIAL SCIENCES 7 1.0425 1.0425 47745
MEDICAL 1 1.6456 1.6456 47746
MEDICAL 2 1.7462 1.7462 47747
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1 1.0000 1.0000 47748
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2 1.0017 1.0017 47749
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3 1.6150 1.6150 47750
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4 1.6920 1.6920 47751
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5 1.4222 1.4222 47752
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6 1.8798 1.8798 47753
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7 1.4380 1.4380 47754
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8 1.5675 1.5675 47755
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9 1.1361 1.1361 47756

       (D) CALCULATION OF STATE SHARE OF INSTRUCTION FORMULA 47757
ENTITLEMENTS AND ADJUSTMENTS47758

       (1) Of the foregoing appropriation item 235501, State Share 47759
of Instruction, 25 per cent of the fiscal year 2014 appropriation 47760
for state-supported community colleges, state community colleges, 47761
and technical colleges shall be allocated to colleges in 47762
proportion to their share of college student success factors as 47763
adopted by the Chancellor of the Board of Regents in formal 47764
communication to the Controlling Board on August 30, 2010.47765

       (2) Of the foregoing appropriation item 235501, State Share 47766
of Instruction, 25 per cent of the fiscal year 2015 appropriation 47767
for state-supported community colleges, state community colleges, 47768
and technical colleges shall be allocated to colleges in 47769
proportion to their share of college student success factors as 47770
recommended in formal communication from community college 47771
presidents to the Chancellor of the Board of Regents dated 47772
December 2013.47773

       (3) Of the foregoing appropriation item 235501, State Share 47774
of Instruction, 25 per cent of the fiscal year 2014 appropriation 47775
and 50 per cent of the fiscal year 2015 appropriation for 47776
state-supported community colleges, state community colleges, and 47777
technical colleges shall be reserved for course completion FTEs as 47778
aggregated by the subsidy models defined in division (B) of this 47779
section.47780

       The course completion funding shall be allocated to colleges 47781
in proportion to each campuses' share of the total sector's course 47782
completions, weighted by the instructional cost of the subsidy 47783
models.47784

       To calculate the subsidy entitlements for course completions 47785
at community colleges, state community colleges, and technical 47786
colleges, the Chancellor of the Board of Regents shall use the 47787
following calculations:47788

       (a) In calculating each campus's count of FTE course 47789
completions, the Chancellor of the Board of Regents shall use the47790
a three-year average for course completions for the three-year 47791
period ending in the prior year.47792

       (b) The subsidy eligible enrollments by model shall equal 47793
only those FTE students who successfully complete the course as 47794
defined and reported through the Higher Education Information 47795
(HEI) system course enrollment file.47796

       (c) For fiscal year 2015, students with successful course 47797
completions, identified in division (D)(3) of this section, that 47798
are or have been Pell eligible at any time while enrolled at a 47799
state institution of higher education, are Native American, 47800
African American, or Hispanic, or are 25 years of age or older 47801
when they first enroll at a state institution of higher education, 47802
shall be defined as access students and shall have their eligible 47803
course completions weighted by a statewide access weight. The 47804
weight given to any student that meets any access factor shall be 47805
15 per cent for all course completions.47806

       (d) The model costs as used in the calculation shall be 47807
augmented by the model weights for science, technology, 47808
engineering, mathematics, and medicine models as established in 47809
division (C) of this section.47810

       (3)(4) Of the foregoing appropriation item 235501, State 47811
Share of Instruction, 25 per cent of the fiscal year 2015 47812
appropriation for state-supported community colleges, state 47813
community colleges, and technical colleges shall be reserved for 47814
completion milestones as identified in formal communication from 47815
community college presidents to the Chancellor of the Board of 47816
Regents dated December 2013.47817

       Completion milestones shall include associate degrees, 47818
certificates over 30 credit hours approved by the Board of 47819
Regents, and students transferring to any four-year institution 47820
with at least 12 credit hours earned at that community college, 47821
state community college, or technical college.47822

       The completion milestone funding shall be allocated to 47823
colleges in proportion to each institution's share of the sector's 47824
total completion milestones, weighted by the instructional cost of 47825
the associate degree, certificate, or transfer models. Costs for 47826
certificates over 30 hours shall be weighted one-half of the 47827
associate degree model costs and transfers with at least 12 credit 47828
hours shall be weighted one-fourth of the average cost for all 47829
associate degree model costs.47830

       To calculate the subsidy entitlements for completions at 47831
community colleges, state community colleges, and technical 47832
colleges, the Chancellor of the Board of Regents shall use the 47833
following calculations:47834

       (a) In calculating each campus's count of completions, the 47835
Chancellor of the Board of Regents shall use a three-year average 47836
for completion metrics. 47837

       (b) The subsidy eligible completions by model shall equal 47838
only those students who successfully complete an associate degree, 47839
certificate over 30 credit hours, or transfer to any four-year 47840
institution with at least 12 credit hours as defined and reported 47841
in the Higher Education Information (HEI) system.47842

       (c) Those students with successful completions for associate 47843
degrees, certificates over 30 credit hours, or transfer to any 47844
four-year institution with at least 12 credit hours, identified in 47845
division (D)(3) of this section, that are or have been Pell 47846
eligible at any time while enrolled at a state institution of 47847
higher education, are Native American, African American, or 47848
Hispanic, or are 25 years of age or older when they first enroll 47849
at a state institution of higher education, shall be defined as 47850
access students and shall have their eligible completions weighted 47851
by a statewide access weight. The weight shall be 25 per cent for 47852
students with one access factor, 66 per cent for students with two 47853
access factors, and 150 per cent for students with three access 47854
factors.47855

       (d) For those students who complete more than one completion 47856
metric, funding for each additional associate degree or 47857
certificate over 30 credit hours approved by the Board of Regents 47858
shall be funded at 50 per cent of the model costs as defined in 47859
division (D)(4) of this section.47860

       (5) Of the foregoing appropriation item 235501, State Share 47861
of Instruction, up to 11.78 per cent of the appropriation for 47862
universities, as established in division (A)(2) of the section of 47863
this actAm. Sub. H.B. 59 of the 130th General Assembly entitled 47864
"STATE SHARE OF INSTRUCTION FOR FISCAL YEARS 2014 and 2015," in 47865
each fiscal year shall be reserved for support of doctoral 47866
programs to implement the funding recommendations made by 47867
representatives of the universities. The amount so reserved shall 47868
be referred to as the doctoral set-aside.47869

       The doctoral set-aside shall be allocated to universities as 47870
follows:47871

       (a) 62.50Sixty-two and one-half per cent of the doctoral 47872
set-aside in fiscal year 2014 and 55 per cent of the doctoral 47873
set-aside in fiscal year 2015 shall be allocated to universities 47874
in proportion to their share of the statewide total of each state 47875
institution's three-year average Doctoral I equivalent FTEs as 47876
calculated on an institutional basis using historical FTEs for the 47877
period fiscal year 1994 through fiscal year 1998 with annualized 47878
FTEs for fiscal years 1994 through 1997 and all-term FTEs for 47879
fiscal year 1998 as adjusted to reflect the effects of doctoral 47880
review and subsequent changes in Doctoral I equivalent 47881
enrollments. For the purposes of this calculation, Doctoral I 47882
equivalent FTEs shall equal the sum of Doctoral I FTEs plus 1.5 47883
times the sum of Doctoral II FTEs.47884

       (b) 25Twenty-five per cent of the doctoral set-aside in 47885
fiscal year 2014 and 30 per cent of the doctoral set-aside in 47886
fiscal year 2015 shall be allocated to universities in proportion 47887
to each campus's share of the total statewide doctoral degrees, 47888
weighted by the cost of the doctoral discipline. In calculating 47889
each campus's doctoral degrees the Chancellor of the Board of 47890
Regents shall use the three-year average doctoral degrees awarded 47891
for the three-year period ending in the prior year. 47892

       (c) 12.5Twelve and one-half per cent of the doctoral 47893
set-aside in fiscal year 2014 and 15 per cent of the doctoral 47894
set-aside in fiscal year 2015 shall be allocated to universities 47895
in proportion to their share of research grant activity, using a 47896
data collection method that is reviewed and approved by the 47897
presidents of Ohio's doctoral degree granting universities. In the 47898
event that the data collection method is not available, funding 47899
for this component shall be allocated to universities in 47900
proportion to their share of research grant activity published by 47901
the National Science Foundation. Grant awards from the Department 47902
of Health and Human Services shall be weighted at 50 per cent.47903

       (4)(6) Of the foregoing appropriation item 235501, State 47904
Share of Instruction, 6.41 per cent of the appropriation for 47905
universities, as established in division (A)(2) of the section of 47906
this actAm. Sub. H.B. 59 of the 130th General Assembly entitled 47907
"STATE SHARE OF INSTRUCTION FOR FISCAL YEARS 2014 AND 2015," in 47908
each fiscal year shall be reserved for support of Medical II FTEs. 47909
The amount so reserved shall be referred to as the medical II 47910
set-aside.47911

       The medical II set-aside shall be allocated to universities 47912
in proportion to their share of the statewide total of each state 47913
institution's three-year average Medical II FTEs as calculated in 47914
division (A) of this section, weighted by model cost.47915

       (5)(7) Of the foregoing appropriation item 235501, State 47916
Share of Instruction, 1.48 per cent of the appropriation for 47917
universities, as established in division (A)(2) of the section of 47918
this actAm. Sub. H.B. 59 of the 130th General Assembly entitled 47919
"STATE SHARE OF INSTRUCTION FOR FISCAL YEARS 2014 AND 2015," in 47920
each fiscal year shall be reserved for support of Medical I FTEs. 47921
The amount so reserved shall be referred to as the medical I 47922
set-aside.47923

       The medical I set-aside shall be allocated to universities in 47924
proportion to their share of the statewide total of each state 47925
institution's three-year average Medical I FTEs as calculated in 47926
division (A) of this section.47927

       (6)(8) Of the foregoing appropriation item 235501, State 47928
Share of Instruction, 50 per cent of the appropriation in each 47929
fiscal year for universities, net any earmarked funding for 47930
university regional campuses as detailed in division (B)(1) of the 47931
section of this actAm. Sub. H.B. 59 of the 130th General 47932
Assembly entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS 47933
2014 AND 2015," shall be reserved for support of associate, 47934
baccalaureate, master's, and professional level degree attainment.47935

       The degree attainment funding shall be allocated to 47936
universities in proportion to each campus's share of the total 47937
statewide degrees granted, weighted by the cost of the degree 47938
programs. The degree cost calculations shall include the model 47939
cost weights for the science, technology, engineering, 47940
mathematics, and medicine models as established in division (C) of 47941
this section.47942

       For degrees including credits earned at multiple 47943
institutions, in fiscal year 2015, degree attainment funding shall 47944
be allocated to universities and branch campuses in proportion to 47945
each campus's share of the cost of earned credits for the degree. 47946
Each institution shall receive its prorated share of degree 47947
funding for credits earned at that institution. Cost of credits 47948
not earned at a university main or regional campus shall be 47949
credited to the degree-granting institution for each first degree 47950
earned at each level, but shall not be eligible for at-risk 47951
weights.47952

       In calculating the subsidy entitlements for degree attainment 47953
at university main and regional campuses, the Chancellor of the 47954
Board of Regents shall use the following count of degrees and 47955
degree costs:47956

       (a) The subsidy eligible undergraduate degrees shall be 47957
defined as follows:47958

       (i) The subsidy eligible degrees conferred to students 47959
identified as residents of the state of Ohio in any term of their 47960
studies, as reported through the Higher Education Information 47961
(HEI) system student enrollment file, shall be weighted by a 47962
factor of 1.47963

       (ii) The subsidy eligible degrees conferred to students 47964
identified as out-of-state residents during all terms of their 47965
studies, as reported through the Higher Education Information 47966
(HEI) system student enrollment file, who remain in the state of 47967
Ohio at least one year after graduation, as calculated based on 47968
the three-year average in-state residency rate for out-of-state 47969
students at each institution, shall be weighted by a factor of 50 47970
per cent. For fiscal year 2014, subsidy eligible degrees conferred 47971
to all out-of-state students shall be weighted by a factor of 25 47972
per cent.47973

       (b) In fiscal year 2014, for those associate degrees awarded 47974
by a state-supported university, the subsidy eligible degrees 47975
granted are defined as only those earned by students attending a 47976
university that received funding under GRF appropriation item 47977
235418, Access Challenge, in fiscal year 2009. In fiscal year 47978
2015, subsidy eligible associate degrees are defined as those 47979
earned by students attending any state-supported university main 47980
or regional campus.47981

       (c) In calculating each campus's count of degrees, the 47982
Chancellor of the Board of Regents shall use the three-year 47983
average associate, baccalaureate, master's, and professional 47984
degrees awarded for the three-year period ending in the prior 47985
year. In fiscal year 2014, university regional campuses are not 47986
eligible for degree completion funding. In fiscal year 2015, all 47987
university campuses are eligible for degree completion funding.47988

       (d) For fiscal year 2014, eligible associate degrees defined 47989
in division (D)(6)(b) of this section and all bachelor's degrees 47990
earned by a student that either had an expected family 47991
contribution less than 2190, was determined to have been in need 47992
of remedial education, is Native American, African American, or 47993
Hispanic, or is at least age 26 at the time of graduation, shall 47994
be defined as degrees earned by an at-risk student and shall be 47995
weighted by the following:47996

        (i) A campus-specific at-risk index, where the index is 47997
calculated based on the proportion of at-risk students enrolled 47998
during a four-year cohort beginning in fiscal year 2001, 2002, 47999
2003, or 2004; and48000

       (ii) A statewide average at-risk degree completion weight 48001
determined by calculating the difference between the percentage of 48002
non-at-risk students who earned a degree and the percentage of 48003
at-risk students who earned a degree in eight years or less.48004

       (e) For fiscal year 2015, eligible associate degrees defined 48005
in division (D)(6)(b)(8) of this section and all bachelor's 48006
degrees earned by a student that either had an expected family 48007
contribution less than 2190, was determined to be inneedof48008
remedial education,is Native American, African American, or 48009
Hispanic, or is at least 26 years ofdefined as at-risk based on 48010
academic preparedness, age at the time of graduation, minority 48011
status, or financial status, shall be defined as degrees earned by 48012
an at-risk student and shall be weighted by the following:48013

        A student-specific degree completion weight, where the weight 48014
is calculated based on the at risk factors of the individual 48015
student, determined by calculating the difference between the 48016
percentage of students with each risk factor who earned a degree 48017
and the percentage of non-at-risk students who earned a degree.48018

       (7)(9) State share of instruction base formula earnings shall 48019
be determined as follows:48020

       (a) The instructional costs shall be determined by 48021
multiplying the amounts listed above in divisions (B) and (C) of 48022
this section by the average subsidy-eligible FTEs for the 48023
three-year period ending in the prior year for all models except 48024
Doctoral I and Doctoral II.48025

       (b) The Chancellor of the Board of Regents shall compute a 48026
uniform state share of instructional costs for each sector.48027

       (i) For the state-supported community colleges, state 48028
community colleges, and technical colleges, in fiscal year 2014 48029
the Chancellor of the Board of Regents shall compute the uniform 48030
state share of instructional costs for enrollment by dividing the 48031
sector level appropriation total as determined by the Chancellor 48032
in division (A)(1) of the section of this actAm. Sub. H.B. 59 of 48033
the 130th General Assembly entitled "STATE SHARE OF INSTRUCTION 48034
FOR FISCAL YEARS 2014 AND 2015," and adjusted pursuant to 48035
divisions (B) and (C) of that section, less the student college 48036
success allocation as described in division (D)(1) of this section 48037
and less the course completion allocation as detailed in division 48038
(D)(2) of this section, by the sum of all eligible campuses' 48039
instructional costs as calculated in division (D)(7)(b) of this 48040
section.48041

       (ii) For the state-supported university regional campuses, in 48042
fiscal year 2014 the Chancellor of the Board of Regents shall 48043
compute the uniform state share of instructional costs by dividing 48044
the sector level appropriation, as determined by the Chancellor in 48045
division (A)(2) of the section of this actAm. Sub. H.B. 59 of the 48046
130th General Assembly entitled "STATE SHARE OF INSTRUCTION FOR 48047
FISCAL YEARS 2014 AND 2015," and adjusted pursuant to division (B) 48048
of that section by the sum of all campuses' instructional costs as 48049
calculated in division (D)(7)(b) of this section.48050

       (iii) For the state-supported university main campuses, in 48051
fiscal year 2014 the Chancellor of the Board of Regents shall 48052
compute the uniform state share of instructional costs by dividing 48053
the sector level appropriation, as determined by the Chancellor in 48054
division (A)(3) of the section of this actAm. Sub. H.B. 59 of the 48055
130th General Assembly entitled "STATE SHARE OF INSTRUCTION FOR 48056
FISCAL YEARS 2014 AND 2015," and adjusted pursuant to division (B) 48057
of that section, less the degree attainment funding as calculated 48058
in divisions (D)(3) to (6) of this section, less the doctoral 48059
set-aside, less the medical I set-aside, and less the medical II 48060
set-aside, by the sum of all campuses' instructional costs as 48061
calculated in division (D)(7)(b) of this section. 48062

       (iv) For the state university regional and main campuses, in 48063
fiscal year 2015 the Chancellor of the Board of Regents shall 48064
compute the uniform state share of instructional costs by dividing 48065
the university appropriation, as determined by the Chancellor in 48066
division (A)(3) of the section of this actAm. Sub. H.B. 59 of the 48067
130th General Assembly entitled "STATE SHARE OF INSTRUCTION FOR 48068
FISCAL YEARS 2014 AND 2015," and adjusted pursuant to division (B) 48069
of that section, less the degree attainment funding as calculated 48070
in divisions (D)(3) to (6) of this section, less the doctoral 48071
set-aside, less the medical I set-aside, and less the medical II 48072
set-aside, by the sum of all campuses' instructional costs as 48073
calculated in division (D)(7)(b) of this section. 48074

       (c) The formula entitlement shall be determined by 48075
multiplying the uniform state share of instructional costs 48076
calculated in division (D)(7)(c) of this section by the 48077
instructional cost determined in division (D)(7)(b) of this 48078
section.48079

       (8)(10) In addition to the student success allocation, 48080
doctoral set-aside, medical I set-aside, medical II set-aside, and 48081
the degree attainment allocation determined in divisions (D)(1) to 48082
(6) of this section and the formula entitlement determined in 48083
division (D)(7) of this section, an allocation based on 48084
facility-based plant operations and maintenance (POM) subsidy 48085
shall be made. For each eligible university main campus, the 48086
amount of the POM allocation in each fiscal year shall be 48087
distributed based on what each campus received in the fiscal year 48088
2009 POM allocation.48089

       Any POM allocations required by this division shall be funded 48090
by proportionately reducing formula entitlement earnings, 48091
including the POM allocations, for all campuses in that sector.48092

       (9)(11) STABILITY IN STATE SHARE OF INSTRUCTION FUNDING FOR 48093
COMMUNITY, STATE COMMUNITY, AND TECHNICAL COLLEGES48094

       In addition to and after the adjustments noted above, in 48095
fiscal year 2014, no community college, state community college, 48096
or technical college shall receive a state share of instruction 48097
allocation that is less than 97 per cent of the prior year's state 48098
share of instruction earnings. Funds shall be made available to 48099
support this allocation by proportionately reducing formula 48100
entitlement earnings from those campuses, within the community, 48101
state community, and technical college sector, that are not 48102
receiving stability funding. 48103

       (10)(12) CAPITAL COMPONENT DEDUCTION48104

       After all other adjustments have been made, state share of 48105
instruction earnings shall be reduced for each campus by the 48106
amount, if any, by which debt service charged in Am. H.B. 748 of 48107
the 121st General Assembly, Am. Sub. H.B. 850 of the 122nd General 48108
Assembly, Am. Sub. H.B. 640 of the 123rd General Assembly, H.B. 48109
675 of the 124th General Assembly, Am. Sub. H.B. 16 of the 126th 48110
General Assembly, Am. Sub. H.B. 699 of the 126th General Assembly, 48111
Am. Sub. H.B. 496 of the 127th General Assembly, and Am. Sub. H.B. 48112
562 of the 127th General Assembly for that campus exceeds that 48113
campus's capital component earnings. The sum of the amounts 48114
deducted shall be transferred to appropriation item 235552, 48115
Capital Component, in each fiscal year.48116

       (E) EXCEPTIONAL CIRCUMSTANCES48117

       Adjustments may be made to the state share of instruction 48118
payments and other subsidies distributed by the Chancellor of the 48119
Board of Regents to state colleges and universities for 48120
exceptional circumstances. No adjustments for exceptional 48121
circumstances may be made without the recommendation of the 48122
Chancellor and the approval of the Controlling Board.48123

       (F) APPROPRIATION REDUCTIONS TO THE STATE SHARE OF 48124
INSTRUCTION48125

       The standard provisions of the state share of instruction 48126
calculation as described in the preceding sections of temporary 48127
law shall apply to any reductions made to appropriation item 48128
235501, State Share of Instruction, before the Chancellor of the 48129
Board of Regents has formally approved the final allocation of the 48130
state share of instruction funds for any fiscal year.48131

       Any reductions made to appropriation item 235501, State Share 48132
of Instruction, after the Chancellor of the Board of Regents has 48133
formally approved the final allocation of the state share of 48134
instruction funds for any fiscal year, shall be uniformly applied 48135
to each campus in proportion to its share of the final allocation.48136

       (G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION48137

       The state share of instruction payments to the institutions 48138
shall be in substantially equal monthly amounts during the fiscal 48139
year, unless otherwise determined by the Director of Budget and 48140
Management pursuant to section 126.09 of the Revised Code. 48141
Payments during the first six months of the fiscal year shall be 48142
based upon the state share of instruction appropriation estimates 48143
made for the various institutions of higher education according to 48144
the Chancellor of the Board of Regents enrollment, completion, and 48145
performance estimates. Payments during the last six months of the 48146
fiscal year shall be distributed after approval of the Controlling 48147
Board upon the request of the Chancellor.48148

       (H) STUDIES TO DETERMINE IMPROVEMENTS TO THE FISCAL YEAR 2015 48149
STATE SHARE OF INSTRUCTION FORMULAS48150

       (1) STUDY ON IDENTIFYING "AT-RISK" STUDENTS FOR COMMUNITY 48151
COLLEGES48152

       Community college presidents, or their designees, in 48153
consultation with the Chancellor of the Board of Regents, shall 48154
study the most appropriate formula weights for students who come 48155
from "at-risk" populations and recommend how they may be used to 48156
determine allocations of appropriations to community colleges from 48157
appropriation item 235501, State Share of Instruction, in fiscal 48158
year 2015. The study shall identify the socio-economic, 48159
demographic, academic, personal, and other factors that identify a 48160
student as being "at-risk" of academic failure, and recommend how 48161
these factors may be used to determine allocations of the State 48162
Share of Instruction for community colleges in fiscal year 2015. 48163
The study shall be completed by December 31, 2013. Notwithstanding 48164
any provision of law to the contrary, community college 48165
presidents, or their designees, in consultation with the 48166
Chancellor of the Board of Regents, shall use the results of the 48167
study to recommend changes in the determination of the 48168
distribution of the community college allocations beginning in 48169
fiscal year 2015 and shall report any such formula change 48170
recommendations to the Governor, the General Assembly, and the 48171
Office of Budget and Management not later than February 15, 2014.48172

       (2) STUDY ON THE USE OF SUCCESS POINTS AND COMPLETION 48173
MEASURES FOR COMMUNITY COLLEGES48174

       Community college presidents, or their designees, in 48175
consultation with the Chancellor of the Board of Regents, shall 48176
study the most appropriate formula weights for the "success 48177
points" and completion performance measures used in the allocation 48178
of appropriations to community colleges from appropriation item 48179
235501, State Share of Instruction, in fiscal year 2015. The study 48180
shall research the most appropriate success points and completion 48181
measures that occur during the academic career of community 48182
college students and recommend revisions to the current State 48183
Share of Instruction model to fund achievement of the success 48184
points beginning in fiscal year 2015. In addition, community 48185
college presidents, or their designees, in consultation with the 48186
Chancellor of the Board of Regents, shall determine how the 48187
community college's fiscal year 2015 share of State Share of 48188
Instruction funding shall be distributed among its success points, 48189
completion measures and course completion funding, or other 48190
performance and access measures. The study shall be completed by 48191
December 31, 2013. Notwithstanding any provision of law to the 48192
contrary, community college presidents, or their designees, in 48193
consultation with the Chancellor of the Board of Regents, shall 48194
use the results of the study to recommend changes in the 48195
determination of the distribution of the community college 48196
allocations beginning in fiscal year 2015 and shall report any 48197
such formula change recommendations to the Governor, the General 48198
Assembly, and the Office of Budget and Management not later than 48199
February 15, 2014.48200

       Sec. 363.200. STATE SHARE OF INSTRUCTION FOR FISCAL YEARS 48201
2014 AND 201548202

       (A) The foregoing appropriation item 235501, State Share of 48203
Instruction, shall be distributed according to the section of this 48204
actAm. Sub. H.B. 59 of the 130th General Assembly entitled "STATE 48205
SHARE OF INSTRUCTION FORMULAS."48206

       (1) Of the foregoing appropriation item 235501, State Share 48207
of Instruction, $411,257,477 in fiscal year 2014 and $419,101,428 48208
in fiscal year 2015 shall be distributed to state-supported 48209
community colleges, state community colleges, and technical 48210
colleges. 48211

       (2) Of the foregoing appropriation item 235501, State Share 48212
of Instruction, $1,372,968,020 in fiscal year 2014 and 48213
$1,399,124,069 in fiscal year 2015 shall be distributed to 48214
state-supported university main and regional campuses.48215

       (B) Of the amounts earmarked in division (A)(2) of this 48216
section:48217

       (1) $116,181,104 in fiscal year 2014 shall be distributed to 48218
state university regional campuses.48219

       (2) $3,923,764 in each fiscal year shall be distributed to 48220
university main campuses based on each campus's share of the 48221
appropriation item 235418, Access Challenge, in fiscal year 2009. 48222

       (C) Of the foregoing appropriation item 235501, State Share 48223
of Instruction, up to $5,474,083 in fiscal year 2014 shall be used 48224
by the Chancellor to provide supplemental subsidy payments to each 48225
university main and regional campus receiving a State Share of 48226
Instruction allocation, as determined according to the section of 48227
this actAm. Sub. H.B. 59 of the 130th General Assembly entitled 48228
"STATE SHARE OF INSTRUCTION FORMULAS" and divisions (A) and (B) of 48229
this section, in fiscal year 2014 that is less than 96 per cent of 48230
that campus's State Share of Instruction allocation in fiscal year 48231
2013. Supplemental subsidy payment amounts shall not exceed the 48232
amount needed to ensure that no university main or regional campus 48233
receives a State Share of Instruction allocation in fiscal year 48234
2014 that is less than 96 per cent of that campus's fiscal year 48235
2013 allocation. If the Chancellor determines that the amounts 48236
earmarked for these supplemental subsidies are inadequate to 48237
provide payments to ensure that each eligible campus receives a 48238
State Share of Instruction allocation in fiscal year 2014 that is 48239
equal to 96 per cent of that campus's fiscal year 2013 allocation, 48240
the Chancellor shall proportionally reduce payment amounts. If the 48241
Chancellor determines that the amount earmarked for these 48242
supplemental subsidies is greater than what is needed to ensure 48243
that no main or regional campus receives a State Share of 48244
Instruction allocation in fiscal year 2014 that is less than 96 48245
per cent of the fiscal year 2013 allocation, the Chancellor shall 48246
proportionally allocate the remainder of the earmark between the 48247
amounts earmarked for fiscal year 2014 divisions (A)(1) and (A)(2) 48248
of this section.48249

       (D) Of the foregoing appropriation item 235501, State Share 48250
of Instruction, up to $3,100,000 in fiscal year 2015 shall be used 48251
by the Chancellor to provide supplemental subsidy payments to each 48252
state-supported community college, state community college, and 48253
technical college receiving a State Share of Instruction 48254
allocation, as determined according to the section of this act 48255
entitled "STATE SHARE OF INSTRUCTION FORMULAS" and division (A) of 48256
this section, in fiscal year 2015 that is less than 96 per cent of 48257
that campus's State Share of Instruction allocation in fiscal year 48258
2014. Supplemental subsidy payment amounts shall not exceed the 48259
amount needed to ensure that no state-supported community college, 48260
state community college, or technical college receives a State 48261
Share of Instruction allocation in fiscal year 2015 that is less 48262
than 96 per cent of that campus's fiscal year 2014 allocation. If 48263
the Chancellor determines that the amounts earmarked for these 48264
supplemental subsidies are inadequate to provide payments to 48265
ensure that each eligible campus receives a State Share of 48266
Instruction allocation in fiscal year 2015 that is equal to 96 per 48267
cent of that campus's fiscal year 2014 allocation, the Chancellor 48268
shall proportionally reduce payment amounts. If the Chancellor 48269
determines that the amount earmarked for these supplemental 48270
subsidies is greater than what is needed to ensure that no 48271
state-supported community college, state community college, or 48272
technical college receives a State Share of Instruction allocation 48273
in fiscal year 2015 that is less than 96 per cent of the fiscal 48274
year 2014 allocation, the Chancellor shall proportionally allocate 48275
the remainder of the earmark among each state-supported community 48276
college, state community college, and technical college.48277

       (E) The POM adjustment in division (D)(7) of the section of 48278
this actAm. Sub. H.B. 59 of the 130th General Assembly entitled 48279
"STATE SHARE OF INSTRUCTION FORMULAS" and the Access Challenge 48280
earmark in division (B) of this section shall expire on June 30, 48281
2015.48282

       (E)(F) The state share of instruction payments to the 48283
institutions shall be in substantially equal monthly amounts 48284
during the fiscal year, unless otherwise determined by the 48285
Director of Budget and Management pursuant to section 126.09 of 48286
the Revised Code. Payments during the last six months of the 48287
fiscal year shall be distributed after approval of the Controlling 48288
Board upon the request of the Chancellor of the Board of Regents.48289

       Sec. 365.10. DRC DEPARTMENT OF REHABILITATION AND CORRECTION48290

General Revenue Fund48291

GRF 501321 Institutional Operations $ 883,768,015 895,799,933 $ 873,724,802 900,215,085 48292
GRF 501403 Prisoner Compensation $ 6,000,000 $ 6,000,000 48293
GRF 501405 Halfway House $ 45,049,356 48,399,340 $ 46,024,108 51,197,937 48294
GRF 501406 Lease Rental Payments $ 104,099,500 103,099,500 $ 99,534,800 48295
GRF 501407 Community Nonresidential Programs $ 34,187,858 $ 34,314,390 48296
GRF 501408 Community Misdemeanor Programs $ 12,856,800 $ 12,856,800 48297
GRF 501501 Community Residential Programs - CBCF $ 63,345,972 64,224,472 $ 66,150,781 69,453,455 48298
GRF 503321 Parole and Community Operations $ 64,480,938 66,102,094 $ 65,029,680 71,676,403 48299
GRF 504321 Administrative Operations $ 20,659,664 $ 20,907,476 48300
GRF 505321 Institution Medical Services $ 243,289,774 239,397,895 $ 254,139,452 251,994,058 48301
GRF 506321 Institution Education Services $ 19,102,051 $ 19,112,418 48302
TOTAL GRF General Revenue Fund $ 1,496,839,928 1,509,829,607 $ 1,497,794,707 1,537,262,822 48303

General Services Fund Group48304

1480 501602 Institutional Services $ 3,139,577 $ 3,139,577 48305
2000 501607 Ohio Penal Industries $ 41,393,226 $ 40,609,872 48306
4830 501605 Property Receipts $ 582,086 $ 582,086 48307
4B00 501601 Sewer Treatment Services $ 2,023,671 $ 2,067,214 48308
4D40 501603 Prisoner Programs $ 17,499,255 $ 17,499,255 48309
4L40 501604 Transitional Control $ 1,113,120 $ 1,113,120 48310
4S50 501608 Education Services $ 4,114,782 $ 4,114,782 48311
5710 501606 Training Academy Receipts $ 125,000 $ 125,000 48312
5930 501618 Laboratory Services $ 3,750,000 $ 0 48313
5AF0 501609 State and Non-Federal Awards $ 1,440,000 $ 1,440,000 48314
5H80 501617 Offender Financial Responsibility $ 2,000,000 $ 2,000,000 48315
5L60 501611 Information Technology Services $ 250,000 $ 250,000 48316
TOTAL GSF General Services Fund Group $ 77,430,717 $ 72,940,906 48317

Federal Special Revenue Fund Group48318

3230 501619 Federal Grants $ 7,132,943 $ 7,132,943 48319
TOTAL FED Federal Special Revenue 48320
Fund Group $ 7,132,943 $ 7,132,943 48321

TOTAL ALL BUDGET FUND GROUPS $ 1,581,403,588 1,594,393,267 $ 1,577,868,556 1,617,336,671 48322

       TRANSFER OF OPERATING APPROPRIATIONS TO IMPLEMENT CRIMINAL 48323
SENTENCING REFORMS48324

       For the purposes of implementing criminal sentencing reforms, 48325
and notwithstanding any other provision of law to the contrary, 48326
the Director of Budget and Management, at the request of the 48327
Director of Rehabilitation and Correction, may transfer up to 48328
$14,000,000 in appropriations, in each of fiscal years 2014 and 48329
2015, from appropriation item 501321, Institutional Operations, to 48330
any combination of appropriation items 501405, Halfway House; 48331
501407, Community Residential Programs; 501408, Community 48332
Misdemeanor Programs; and 501501, Community Residential Programs - 48333
CBCF.48334

       LEASE RENTAL PAYMENTS48335

       The foregoing appropriation item 501406, Lease Rental 48336
Payments, shall be used to meet all payments at the times they are 48337
required to be made during the period from July 1, 2013, through 48338
June 30, 2015, by the Department of Rehabilitation and Correction 48339
under the primary leases and agreements for those buildings made 48340
under Chapters 152. and 154. of the Revised Code. These 48341
appropriations are the source of funds pledged for bond service 48342
charges on related obligations issued under Chapters 152. and 154. 48343
of the Revised Code.48344

        OSU MEDICAL CHARGES48345

        Notwithstanding section 341.192 of the Revised Code, at the 48346
request of the Department of Rehabilitation and Correction, The 48347
Ohio State University Medical Center, including the Arthur G. 48348
James Cancer Hospital and Richard J. Solove Research Institute and 48349
the Richard M. Ross Heart Hospital, shall provide necessary care 48350
to persons who are confined in state adult correctional 48351
facilities. The provision of necessary care shall be billed to the 48352
Department at a rate not to exceed the authorized reimbursement 48353
rate for the same service established by the Department of 48354
Medicaid under the Medicaid Program.48355

       CORRECTIVE CASH TRANSFER48356

       At the request of the Director of Rehabilitation and 48357
Correction, the Director of Budget and Management may transfer an 48358
amount not to exceed $2,391 in cash that was mistakenly deposited 48359
in the Federal Grants Fund (Fund 3230) to the General Revenue 48360
Fund.48361

       Sec. 371.10. RDF REVENUE DISTRIBUTION FUNDS48362

Special State Revenue Fund Group48363

5JG0 110633 Gross Casino Revenue County Fund $ 158,005,325 $ 168,977,942 48364
TOTAL SSR State Special Revenue Fund Group $ 158,005,325 $ 168,977,942 48365

Volunteer Firefighters' Dependents Fund48366

7085 800985 Volunteer Firemen's Dependents Fund $ 300,000 $ 300,000 48367
TOTAL 085 Volunteer Firefighters' 48368
Dependents Fund $ 300,000 $ 300,000 48369

Agency Fund Group48370

4P80 001698 Cash Management Improvement Fund $ 3,100,000 $ 3,100,000 48371
5JH0 110634 Gross Casino Revenue County Student Fund $ 105,336,883 $ 112,651,961 48372
5JJ0 110636 Gross Casino Revenue Host City Fund $ 15,490,718 $ 16,566,465 48373
6080 001699 Investment Earnings $ 30,000,000 $ 30,000,000 48374
7062 110962 Resort Area Excise Tax $ 1,000,000 $ 1,000,000 48375
7063 110963 Permissive Tax Distribution $ 2,066,331,400 $ 2,151,135,100 48376
7067 110967 School District Income Tax $ 346,669,300 $ 365,277,800 48377
7093 110640 Next Generation 9-1-1 Fund $ 1,890,000 $ 2,690,000 48378
7094 110641 Wireless 9-1-1 Government Assistance Fund $ 11,110,000 $ 23,310,000 48379
7099 762902 Permissive Tax Distribution - Auto Registration $ 184,000,000 $ 184,000,000 48380
7001 110996 Horse-Racing Tax Municipality Fund $ 400,000 $ 400,000 48381
TOTAL AGY Agency Fund Group $ 2,765,328,301 $ 2,890,131,326 48382

Holding Account Redistribution48383

R045 110617 International Fuel Tax Distribution $ 40,000,000 $ 40,000,000 48384
TOTAL 090 Holding Account Redistribution Fund $ 40,000,000 $ 40,000,000 48385
Revenue Distribution Fund Group 48386
7049 335900 Indigent Drivers Alcohol Treatment $ 2,250,000 $ 2,250,000 48387
7050 762900 International Registration Plan Distribution $ 30,000,000 $ 30,000,000 48388
7051 762901 Auto Registration Distribution $ 360,000,000 $ 360,000,000 48389
7054 110954 Local Government Property Tax Replacement - Utility $ 5,649,000 $ 5,649,000 48390
7060 110960 Gasoline Excise Tax Fund $ 395,000,000 $ 395,000,000 48391
7065 110965 Public Library Fund $ 359,300,000 $ 369,000,000 48392
7066 800966 Undivided Liquor Permits $ 14,100,000 $ 14,100,000 48393
7068 110968 State and Local Government Highway Distribution $ 196,000,000 $ 196,000,000 48394
7069 110969 Local Government Fund $ 363,600,000 $ 376,400,000 48395
7081 110981 Local Government Property Tax Replacement-Business $ 146,500,000 $ 107,900,000 48396
7082 110982 Horse Racing Tax $ 100,000 $ 100,000 48397
7083 700900 Ohio Fairs Fund $ 1,400,000 $ 1,400,000 48398
7098 110642 Local Severance Tax Distributions $ 0 $ 10,400,000 48399
TOTAL RDF Revenue Distribution 48400
Fund Group $ 1,873,899,000 $ 1,857,799,000 1,868,199,000 48401
TOTAL ALL BUDGET FUND GROUPS $ 4,837,532,626 $ 4,957,208,268 4,967,608,268 48402

       ADDITIONAL APPROPRIATIONS48403

       Appropriation items in this section shall be used for the 48404
purpose of administering and distributing the designated revenue 48405
distribution funds according to the Revised Code. If it is 48406
determined that additional appropriations are necessary for this 48407
purpose, such amounts are hereby appropriated.48408

       GENERAL REVENUE FUND TRANSFERS48409

        Notwithstanding any provision of law to the contrary, in 48410
fiscal year 2014 and fiscal year 2015, the Director of Budget and 48411
Management may transfer from the General Revenue Fund to the Local 48412
Government Tangible Property Tax Replacement Fund (Fund 7081) in 48413
the Revenue Distribution Fund Group, those amounts necessary to 48414
reimburse local taxing units under section 5751.22 of the Revised 48415
Code. Also, in fiscal year 2014 and fiscal year 2015, the Director 48416
of Budget and Management may make temporary transfers from the 48417
General Revenue Fund to ensure sufficient balances in the Local 48418
Government Tangible Property Tax Replacement Fund (Fund 7081) and 48419
to replenish the General Revenue Fund for such transfers.48420

       Sec. 395.10. TAX DEPARTMENT OF TAXATION48421

General Revenue Fund48422

GRF 110321 Operating Expenses $ 72,568,330 $ 67,968,332 48423
GRF 110404 Tobacco Settlement Enforcement $ 178,200 $ 178,200 48424
GRF 110901 Property Tax Allocation - Taxation $ 666,640,000 658,640,000 $ 678,255,600 673,255,600 48425
TOTAL GRF General Revenue Fund $ 739,386,530 731,386,530 $ 746,402,132 741,402,132 48426

General Services Fund Group48427

2280 110628 Revenue Enhancement $ 15,500,000 $ 17,500,000 17,100,000 48428
4330 110602 Tape File Account $ 175,000 $ 175,000 48429
5BP0 110639 Wireless 9-1-1 Administration $ 290,000 $ 290,000 48430
5CZ0 110631 Vendor's License Application $ 250,000 $ 250,000 48431
5MN0 110638 STARS Development and Implementation $ 5,000,000 $ 3,000,000 48432
5N50 110605 Municipal Income Tax Administration $ 150,000 $ 150,000 48433
5N60 110618 Kilowatt Hour Tax Administration $ 100,000 $ 100,000 48434
5V80 110623 Property Tax Administration $ 11,978,310 $ 11,978,310 11,178,310 48435
5W70 110627 Exempt Facility Administration $ 49,500 $ 49,500 48436
TOTAL GSF General Services 48437
Fund Group $ 33,492,810 $ 33,492,810 32,292,810 48438

State Special Revenue Fund Group48439

4350 110607 Local Tax Administration $ 20,000,000 $ 20,700,000 20,300,000 48440
4360 110608 Motor Vehicle Audit $ 1,459,609 $ 1,459,609 48441
4370 110606 Income Tax Contribution $ 38,800 $ 38,800 48442
4380 110609 School District Income Tax $ 5,802,044 $ 5,802,044 5,402,044 48443
4C60 110616 International Registration Plan $ 682,415 $ 682,415 48444
4R60 110610 Tire Tax Administration $ 244,193 $ 244,193 48445
5V70 110622 Motor Fuel Tax Administration $ 5,035,374 $ 5,035,374 48446
6390 110614 Cigarette Tax Enforcement $ 1,750,000 $ 1,750,000 48447
6420 110613 Ohio Political Party Distributions $ 500,000 $ 500,000 48448
6880 110615 Local Excise Tax Administration $ 775,015 $ 775,015 48449
TOTAL SSR State Special Revenue 48450
Fund Group $ 36,287,450 $ 36,987,450 36,187,450 48451

Agency Fund Group48452

4250 110635 Tax Refunds $ 1,546,800,000 $ 1,546,800,000 48453
7095 110995 Municipal Income Tax $ 21,000,000 $ 21,000,000 48454
TOTAL AGY Agency Fund Group $ 1,567,800,000 $ 1,567,800,000 48455

Holding Account Redistribution Fund Group48456

R010 110611 Tax Distributions $ 50,000 $ 50,000 48457
R011 110612 Miscellaneous Income Tax Receipts $ 50,000 $ 50,000 48458
TOTAL 090 Holding Account 48459
Redistribution Fund Group $ 100,000 $ 100,000 48460
TOTAL ALL BUDGET FUND GROUPS $ 2,377,066,790 2,369,066,790 $ 2,384,782,392 2,377,782,392 48461

       HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK48462

       The foregoing appropriation item 110901, Property Tax 48463
Allocation - Taxation, is hereby appropriated to pay for the 48464
state's costs incurred due to the Homestead Exemption, the 48465
Manufactured Home Property Tax Rollback, and the Property Tax 48466
Rollback. The Tax Commissioner shall distribute these funds 48467
directly to the appropriate local taxing districts, except for 48468
school districts, notwithstanding the provisions in sections 48469
321.24 and 323.156 of the Revised Code, which provide for payment 48470
of the Homestead Exemption, the Manufactured Home Property Tax 48471
Rollback, and Property Tax Rollback by the Tax Commissioner to the 48472
appropriate county treasurer and the subsequent redistribution of 48473
these funds to the appropriate local taxing districts by the 48474
county auditor.48475

       Upon receipt of these amounts, each local taxing district 48476
shall distribute the amount among the proper funds as if it had 48477
been paid as real property taxes. Payments for the costs of 48478
administration shall continue to be paid to the county treasurer 48479
and county auditor as provided for in sections 319.54, 321.26, and 48480
323.156 of the Revised Code.48481

       Any sums, in addition to the amounts specifically 48482
appropriated in appropriation item 110901, Property Tax Allocation 48483
- Taxation, for the Homestead Exemption, the Manufactured Home 48484
Property Tax Rollback, and the Property Tax Rollback payments, 48485
which are determined to be necessary for these purposes, are 48486
hereby appropriated.48487

       MUNICIPAL INCOME TAX48488

       The foregoing appropriation item 110995, Municipal Income 48489
Tax, shall be used to make payments to municipal corporations 48490
under section 5745.05 of the Revised Code. If it is determined 48491
that additional appropriations are necessary to make such 48492
payments, such amounts are hereby appropriated.48493

       TAX REFUNDS48494

       The foregoing appropriation item 110635, Tax Refunds, shall 48495
be used to pay refunds under section 5703.052 of the Revised Code. 48496
If it is determined that additional appropriations are necessary 48497
for this purpose, such amounts are hereby appropriated.48498

       INTERNATIONAL REGISTRATION PLAN AUDIT48499

       The foregoing appropriation item 110616, International 48500
Registration Plan, shall be used under section 5703.12 of the 48501
Revised Code for audits of persons with vehicles registered under 48502
the International Registration Plan.48503

       TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT48504

        Of the foregoing appropriation item 110607, Local Tax 48505
Administration, the Tax Commissioner may disburse funds, if 48506
available, for the purposes of paying travel expenses incurred by 48507
members of Ohio's delegation to the Streamlined Sales Tax Project, 48508
as appointed under section 5740.02 of the Revised Code. Any travel 48509
expense reimbursement paid for by the Department of Taxation shall 48510
be done in accordance with applicable state laws and guidelines.48511

       TOBACCO SETTLEMENT ENFORCEMENT48512

       The foregoing appropriation item 110404, Tobacco Settlement 48513
Enforcement, shall be used by the Tax Commissioner to pay costs 48514
incurred in the enforcement of divisions (F) and (G) of section 48515
5743.03 of the Revised Code.48516

       STARS DEVELOPMENT AND IMPLEMENTATION FUND48517

       The foregoing appropriation item 110638, STARS Development 48518
and Implementation Fund, shall be used to pay costs incurred in 48519
the development and implementation of the department's State Tax 48520
Accounting and Revenue System. The Director of Budget and 48521
Management, under a plan submitted by the Tax Commissioner, or as 48522
otherwise determined by the Director of Budget and Management, 48523
shall set a schedule to transfer cash from the Tax Reform System 48524
Implementation Fund, Local Tax Administration Fund, School 48525
District Income Tax Fund, Discovery Project Fund, and the Motor 48526
Fuel Tax Administration Fund to the credit of the STARS 48527
Development and Implementation Fund (Fund 5MN0). The transfers of 48528
cash shall not exceed $8,000,000 in the biennium.48529

       Sec. 403.10.  DVS DEPARTMENT OF VETERANS SERVICES48530

General Revenue Fund48531

GRF 900321 Veterans' Homes $ 27,369,946 $ 27,369,946 26,992,608 48532
GRF 900402 Hall of Fame $ 107,075 $ 107,075 48533
GRF 900408 Department of Veterans Services $ 2,001,823 $ 2,001,823 2,379,161 48534
GRF 900901 Persian Gulf, Afghanistan, and Iraq Compensation Debt Service $ 7,542,600 $ 9,914,800 48535
TOTAL GRF General Revenue Fund $ 37,021,444 $ 39,393,644 48536

General Services Fund Group48537

4840 900603 Veterans' Homes Services $ 1,596,894 $ 1,596,894 48538
TOTAL GSF General Services Fund Group $ 1,596,894 $ 1,596,894 48539

Federal Special Revenue Fund Group48540

3680 900614 Veterans Training $ 684,017 $ 697,682 48541
3740 900606 Troops to Teachers $ 111,822 $ 111,879 48542
3BX0 900609 Medicare Services $ 2,250,000 $ 2,250,000 48543
3L20 900601 Veterans' Homes Operations - Federal $ 24,887,790 $ 25,634,423 48544
TOTAL FED Federal Special Revenue 48545
Fund Group $ 27,933,629 $ 28,693,984 48546

State Special Revenue Fund Group48547

4E20 900602 Veterans' Homes Operating $ 10,614,652 $ 10,837,435 48548
6040 900604 Veterans' Homes Improvement $ 403,663 $ 459,359 48549
TOTAL SSR State Special Revenue 48550
Fund Group $ 11,018,315 $ 11,296,794 48551

Persian Gulf, Afghanistan, and Iraq Compensation Fund Group48552

7041 900615 Veteran Bonus Program - Administration $ 738,703 $ 629,709 48553
7041 900641 Persian Gulf, Afghanistan, and Iraq Compensation $ 14,500,000 $ 9,400,000 48554
TOTAL 041 Persian Gulf, 48555
Afghanistan, and Iraq 48556
Compensation Fund Group $ 15,238,703 $ 10,029,709 48557
TOTAL ALL BUDGET FUND GROUPS $ 92,808,985 $ 91,011,025 48558

       PERSIAN GULF, AFGHANISTAN AND IRAQ COMPENSATION GENERAL 48559
OBLIGATION DEBT SERVICE48560

       The foregoing appropriation item 900901, Persian Gulf, 48561
Afghanistan and Iraq Compensation Debt Service, shall be used to 48562
pay all debt service and related financing costs during the period 48563
from July 1, 2013, through June 30, 2015, on obligations issued 48564
for Persian Gulf, Afghanistan and Iraq Conflicts Compensation 48565
purposes under sections 151.01 and 151.12 of the Revised Code.48566

       Sec. 512.80. DIESEL EMISSIONS REDUCTION GRANT PROGRAM48567

       There is hereby established in the Highway Operating Fund 48568
(Fund 7002), used by the Department of Transportation, a Diesel 48569
Emissions Reduction Grant Program. The Director of Environmental 48570
Protection shall administer the program and shall solicit, 48571
evaluate, score, and select projects submitted by public and 48572
private entities that are eligible for the federal Congestion 48573
Mitigation and Air Quality (CMAQ) Program. The Director of 48574
Transportation shall process Federal Highway 48575
Administration-approved projects as recommended by the Director of 48576
Environmental Protection.48577

       In addition to the allowable expenditures set forth in 48578
section 122.861 of the Revised Code, Diesel Emissions Reduction 48579
Grant Program funds also may be used to fund projects involving 48580
the purchase or use of hybrid and alternative fuel vehicles that 48581
are allowed under guidance developed by the Federal Highway 48582
Administration for the CMAQ Program.48583

        Public entities eligible to receive funds under section 48584
122.861 of the Revised Code and CMAQ shall be reimbursed from 48585
moneys in the Highway Operating Fund (Fund 7002) designated for 48586
the Department of Transportation's Diesel Emissions Reduction 48587
Grant Program.48588

        Private entities eligible to receive funds under section 48589
122.861 of the Revised Code and CMAQ shall be reimbursed through 48590
transfers of cash from moneys in the Highway Operating Fund (Fund 48591
7002) designated for the Department of Transportation's Diesel 48592
Emissions Reduction Grant Program to the Diesel Emissions 48593
Reduction Fund (Fund 3FH0), used by the Environmental Protection 48594
Agency, or at the direction of the local public agency sponsor and 48595
upon approval of the Department of Transportation, through direct 48596
payments to the vendor in the prorated share of federal/state 48597
participation. Total expenditures between both the Environmental 48598
Protection Agency and the Department of Transportation shall not 48599
exceed the amounts appropriated in this act for appropriation item 48600
715693, Diesel Emissions Reduction Grants, $10,000,000 in FY 2014 48601
and $2,500,000 in FY 2015.48602

       On or before June 30, 2014, the Director of Environmental 48603
Protection may certify to the Director of Budget and Management 48604
the amount of any unencumbered balance of the foregoing 48605
appropriation item 715693, Diesel Emissions Reduction Grants, for 48606
fiscal year 2014 to be used for the same purpose in fiscal year 48607
2015. Once the certification permitted under this section has been 48608
submitted and approved by the Director of Budget and Management, 48609
the amount approved is herebymay be appropriated for fiscal year 48610
2015.48611

        Any cash transfers or allocations under this section 48612
represent CMAQ program moneys within the Department of 48613
Transportation for use by the Diesel Emissions Reduction Grant 48614
Program by the Environmental Protection Agency. These allocations 48615
shall not reduce the amount of such moneys designated for 48616
metropolitan planning organizations. 48617

       The Director of Environmental Protection, in consultation 48618
with the directors of Development Services andDirector of48619
Transportation, shall develop guidance for the distribution of 48620
funds and for the administration of the Diesel Emissions Reduction 48621
Grant Program. The guidance shall include a method of 48622
prioritization for projects, acceptable technologies, and 48623
procedures for awarding grants.48624

       Sec. 751.10.  RECOVERY REQUIRES A COMMUNITY PROGRAM48625

       The Department of Mental Health and Addiction Services, in 48626
consultation with the Department of Medicaid, shall administer the 48627
Recovery Requires a Community Program to identify individuals 48628
residing in nursing facilities who can be successfully moved into 48629
a community setting with the aid of community non-Medicaid 48630
services. 48631

       The Director of Mental Health and Addiction Services and the 48632
Medicaid Director shall agree upon an amount representing the 48633
savings realized from decreased nursing facility utilization to be 48634
transferred within the biennium from the Department of Medicaid to 48635
the Department of Mental Health and Addiction Services to support 48636
non-Medicaid program costs for individuals moving into community 48637
settings.48638

       Of the foregoing appropriation item 651525, Medicaid/Health 48639
Care Services, the Medicaid Director shall transfer the amount 48640
agreed upon representing the savings from the General Revenue Fund 48641
to the Sale of Goods and Services Fund (Fund 1490). The transfer 48642
shall be made using an intrastate transfer voucher. The 48643
transferred cash is hereby appropriated to appropriation item 48644
335609, Community Operating/Planning.48645

       The Director of Mental Health and Addiction Services and the 48646
Medicaid Director shall certify the agreed upon amount to the 48647
Director of Budget and Management. Upon receipt of the 48648
certification, the Director of Budget and Management may increase 48649
appropriation item 335504, Community Innovations, up to the amount 48650
of the certification and decrease appropriation item 651525, 48651
Medicaid/Health Care Services, by an equal amount.48652

       Section 610.21. That existing Sections 207.10, 209.30, 48653
211.10, 221.10, 241.10, 257.10, 259.10, 263.10, 263.230, 263.240, 48654
263.250, 263.270, 263.325, 275.10, 282.10, 282.30, 285.10, 285.20, 48655
301.10, 327.10, 327.83, 333.10, 333.80, 340.10, 359.10, 363.10, 48656
363.120, 363.190, 363.200, 365.10, 371.10, 395.10, 403.10, 512.80, 48657
and 751.10 of Am. Sub. H.B. 59 of the 130th General Assembly are 48658
hereby repealed.48659

       Section 690.10. That Section 747.40 of Am. Sub. H.B. 59 of 48660
the 130th General Assembly is hereby repealed.48661

       Section 709.10. The Director of Agriculture shall adopt rules 48662
in accordance with Chapter 119. of the Revised Code that are 48663
identical to all of the following rules as those rules exist on 48664
the effective date of this section, except that references to the 48665
Division of Soil and Water Resources in the Department of Natural 48666
Resources shall be replaced with references to the Department of 48667
Agriculture, and references to the Chief of the Division of Soil 48668
and Water Resources shall be replaced with references to the 48669
Director of Agriculture:48670

       (A) Rule 1501:15-5-01 of the Ohio Administrative Code;48671

       (B) Rule 1501:15-5-02 of the Ohio Administrative Code;48672

       (C) Rule 1501:15-5-03 of the Ohio Administrative Code;48673

       (D) Rule 1501:15-5-05 of the Ohio Administrative Code;48674

       (E) Rule 1501:15-5-06 of the Ohio Administrative Code;48675

       (F) Rule 1501:15-5-07 of the Ohio Administrative Code;48676

       (G) Rule 1501:15-5-14 of the Ohio Administrative Code;48677

       (H) Rule 1501:15-5-15 of the Ohio Administrative Code;48678

       (I) Rule 1501:15-5-18 of the Ohio Administrative Code.48679

       Section 715.10. (A) In accordance with the amendment of 48680
section 1515.02 of the Revised Code by this act, the Governor 48681
shall appoint two additional members to the Ohio Soil and Water 48682
Conservation Commission established in that section, as amended by 48683
this act, not later than thirty days after the effective date of 48684
this section as follows:48685

       (1) One member shall be appointed for a term ending June 30, 48686
2015.48687

       (2) One member shall be appointed for a term ending June 30, 48688
2016.48689

       Thereafter, terms of office for the additional members shall 48690
be for four years, each term ending on the same day of the same 48691
month of the year as did the term that it succeeds. Those 48692
additional members may be reappointed in accordance with section 48693
1515.02 of the Revised Code, as amended by this act.48694

       (B) The Ohio Soil and Water Conservation Commission 48695
established in section 1515.02 of the Revised Code, as amended by 48696
this act, is a continuation of the Ohio Soil and Water 48697
Conservation Commission established in that section prior to its 48698
amendment by this act.48699

       Section 733.10.  (A) There is hereby created the School Based 48700
Health Care Advisory Workgroup. The Workgroup shall consist of the 48701
following members:48702

       (1) The Superintendent of Public Instruction or the 48703
Superintendent's designee;48704

       (2) The Director of Developmental Disabilities or the 48705
Director's designee;48706

       (3) The Director of Health or the Director's designee;48707

       (4) The Director of Job and Family Services or the Director's 48708
designee;48709

       (5) The Director of Medicaid or the Director's designee;48710

       (6) The Director of Mental Health and Addiction Services or 48711
the Director's designee;48712

       (7) The Director of the Office of Health Transformation or 48713
the Director's designee, who shall serve as chairperson;48714

       (8) One representative from each of the following 48715
organizations, appointed by the organization's chief executive 48716
officer or the individual serving in an equivalent capacity for 48717
the organization:48718

       (a) The Association of Ohio Health Commissioners;48719

       (b) The Buckeye Association of School Administrators;48720

       (c) The County Commissioners Association of Ohio;48721

       (d) The Greater Cincinnati Community Learning Institute;48722

       (e) The Ohio Association of Community Health Centers;48723

       (f) The Ohio Association of Health Plans;48724

       (g) The Ohio Association of School Nurses;48725

       (h) The Ohio Business Roundtable;48726

       (i) The Ohio Chamber of Commerce;48727

       (j) The Ohio Chapter of the American Academy of Pediatrics;48728

       (k) The Ohio Children's Hospital Association;48729

       (l) The Ohio Commission on Minority Health;48730

       (m) The Ohio Council of Behavioral Health and Family Services 48731
Providers;48732

       (n) The Ohio Dental Association;48733

       (o) The Ohio Optometric Association;48734

       (p) The Ohio Parent Teacher Association;48735

       (q) The Ohio State Medical Association;48736

       (r) The Public Children Services Association of Ohio;48737

       (s) Voices for Ohio's Children;48738

       (t) The Ohio Federation of Teachers.48739

       (9) Two members of the House of Representatives, one from the 48740
majority party and the other from the minority party, appointed by 48741
the Speaker of the House of Representatives;48742

       (10) Two members of the Senate, one from the majority party 48743
and the other from the minority party, appointed by the President 48744
of the Senate.48745

       (B) The Workgroup shall do all of the following:48746

       (1) Review evidence of the correlation between student health 48747
and academic achievement;48748

       (2) Identify existing best practices to improve academic 48749
achievement through better student health;48750

       (3) Based on existing best practices, recommend one or more 48751
models for communities that want to improve academic achievement 48752
through better student health;48753

       (4) Recommend financial strategies to sustain the models over 48754
time, with an emphasis on health coverage through commercial 48755
insurance and Medicaid, not other governmental subsidies;48756

       (5) Recommend health care service delivery strategies that 48757
are known to improve health outcomes, such as patient-centered 48758
medical homes; 48759

       (6) Ensure that all recommendations adhere to state and 48760
federal law.48761

       (C)(1) Appointments to the Workgroup shall be made not later 48762
than fifteen days after the effective date of this section. 48763
Vacancies shall be filled in the same manner as the original 48764
appointments. 48765

       (2) Members of the Workgroup shall serve without compensation 48766
or reimbursement for expenses incurred while serving on the 48767
Workgroup, except to the extent that serving on the Workgroup is 48768
considered to be among the member's employment duties.48769

       (D) The Workgroup shall prepare a report of its findings and 48770
recommendations and, not later than December 31, 2014, submit the 48771
report to the General Assembly. Upon submission of the report, the 48772
Workgroup shall cease to exist.48773

       Section 733.20. (A) Notwithstanding anything to the contrary 48774
in Chapter 3365. of the Revised Code, for the 2014-2015 school 48775
year, the program established under that chapter shall continue to 48776
operate as the Post-Secondary Enrollment Options Program, as it 48777
existed under that chapter prior to the effective date of this 48778
section. All rules for the Post-Secondary Enrollment Options 48779
Program in effect on the effective date of this section shall 48780
continue to govern that program for the 2014-2015 school year. The 48781
College Credit Plus Program, as codified in Chapter 3365. of the 48782
Revised Code, as it is revised by this act, shall begin operation 48783
for the 2015-2016 school year. Beginning on the effective date of 48784
this section, the Department of Education, State Board of 48785
Education, and Chancellor of the Ohio Board of Regents shall take 48786
the necessary steps to adopt rules, guidelines, and procedures and 48787
to create any necessary forms and documents so that the College 48788
Credit Plus Program is fully operational for the 2015-2016 school 48789
year in accordance with Chapter 3365. of the Revised Code, as it 48790
is revised by this act.48791

       (B) In accordance with division (A) of this section, all 48792
participants who enroll, or who have taken preliminary action to 48793
enroll, in an institution of higher education for the 2014-2015 48794
school year pursuant to Chapter 3365. of the Revised Code, as it 48795
existed prior to the effective date of this section, or rules 48796
adopted under that version of that chapter, shall participate in 48797
the Post-Secondary Enrollment Options Program, as it existed prior 48798
to the effective date of this section. Participants enrolled in an 48799
institution of higher education under the Post-Secondary 48800
Enrollment Options Program during the 2014-2015 school year shall 48801
continue to be subject to the provisions of Chapter 3365. of the 48802
Revised Code, as it existed prior to the effective date of this 48803
section.48804

       (C) For the 2014-2015 school year, all participants who 48805
enroll, or who have taken preliminary action to enroll, in a dual 48806
enrollment program as defined in section 3313.6013 of the Revised 48807
Code, as it existed prior to the effective date of this section, 48808
to participate during that school year in the dual enrollment 48809
program shall participate under the specified dual enrollment 48810
program in which the student enrolled and shall continue to be 48811
subject to the provisions of section 3313.6013 of the Revised 48812
Code, as it existed prior to the effective date of this section.48813

       (D) Any agreement entered into for the 2014-2015 school year 48814
regarding either the Post-Secondary Enrollment Options Program 48815
under Chapter 3365. of the Revised Code, as it existed prior to 48816
the effective date of this section, or any dual enrollment 48817
program, as defined in section 3313.6013 of the Revised Code as it 48818
existed prior to the effective date of this section, shall 48819
continue in force, pursuant to the terms of that agreement, for 48820
the 2014-2015 school year.48821

       (E) For the 2013-2014 and 2014-2015 school years, the 48822
Department of Education shall make all payments that the 48823
Department is obligated to pay pursuant to section 3365.07 of the 48824
Revised Code, as it existed prior to the effective date of this 48825
section, for participants who enroll in an institution of higher 48826
education under Chapter 3365. of the Revised Code, as it existed 48827
prior to the effective date of this section.48828

       (F) For the 2014-2015 school year only, whenever the term 48829
"College Credit Plus Program" is used, referred to, or designated 48830
in any provision of the Revised Code outside of Chapter 3365. of 48831
the Revised Code, the use, reference, or designation shall be 48832
construed to mean the "Post-Secondary Enrollment Options Program." 48833

       Section 733.30.  Not later than December 31, 2014, the 48834
Chancellor of the Ohio Board of Regents shall submit 48835
recommendations on future efforts to promote postsecondary 48836
globalization in the state to the Governor, the Speaker of the 48837
House of Representatives, and the President of the Senate.48838

        In developing the recommendations required by this section, 48839
the Chancellor shall study current international postsecondary 48840
student recruitment practices and enrollment in the state and the 48841
retention of international postsecondary students in the state 48842
upon graduation. The Chancellor also shall consult with 48843
institutions of higher education, state agencies, community 48844
organizations, and members of the business community.48845

        The Chancellor shall include recommendations regarding future 48846
efforts to promote the state's postsecondary globalization which 48847
consider implications of, and opportunities for, encouraging 48848
international students to remain in the state after graduation. 48849
The Chancellor shall place a particular emphasis on the economic 48850
impact and effects on workforce development and shall identify 48851
provisions of state and federal law that could potentially limit 48852
the implementation of the recommendations.48853

       Section 733.40. Not later than December 31, 2014, each state 48854
university, as defined in section 3345.011 of the Revised Code, 48855
and the Northeast Ohio Medical University shall report to the 48856
Chancellor of the Ohio Board of Regents on the institution's 48857
faculty workload policy and procedures. The report shall include 48858
both of the following:48859

        (A) An evaluation of the institution's current faculty 48860
workload policy and procedures;48861

        (B) The institution's recommendations to modify its faculty 48862
workload policy, by June 30, 2017, to increase the institution's 48863
aggregate faculty workload by ten per cent in the combined areas 48864
of instruction, advising, and research.48865

       Section 733.50. (A) The Chancellor of the Ohio Board of 48866
Regents, in consultation with the parties specified in division 48867
(B) of this section, shall develop recommendations for increasing 48868
the number of programs available to adults who have not obtained a 48869
high school diploma that offer credentials equivalent to a high 48870
school diploma and also provide career pathways, such as an 48871
associate degree, industry credential, or other type of career 48872
training.48873

        (B) In developing recommendations under division (A) of this 48874
section, the Chancellor shall consult with all of the following:48875

        (1) The Superintendent of Public Instruction;48876

        (2) Representatives of the Governor's Office of Workforce 48877
Transformation, the Department of Job and Family Services, and the 48878
Ohio Association of Community Colleges;48879

        (3) Representatives of career-technical planning districts 48880
that provide post-secondary workforce education;48881

       (4) Representatives of programs that provide adult basic and 48882
literacy education;48883

       (5) Representatives of any other interested parties at the 48884
Chancellor's discretion.48885

        (C) Not later than December 31, 2014, the Chancellor shall 48886
prepare a report of the recommendations developed under division 48887
(A) of this section and submit it to the Governor, the President 48888
of the Senate, and the Speaker of the House of Representatives.48889

       Section 747.10. LICENSING PERIOD FOR TERMINAL DISTRIBUTORS OF 48890
DANGEROUS DRUGS48891

       In the case of a terminal distributor of dangerous drugs 48892
holding a license issued or renewed pursuant to section 4729.54 of 48893
the Revised Code that is valid on the effective date of this 48894
section, the license remains in effect until April 1, 2015, unless 48895
earlier revoked or suspended. The license holder is subject to the 48896
renewal schedule established by division (I) of section 4729.54 of 48897
the Revised Code, as amended by this act.48898

       Section 751.10. OFFICE OF HUMAN SERVICES INNOVATION48899

        (A) There is hereby established in the Department of Job and 48900
Family Services the Office of Human Services Innovation. The 48901
Director of Job and Family Services shall establish the Office's 48902
organizational structure, may reassign the Department's staff and 48903
resources as necessary to support the Office's activities, and is 48904
responsible for the Office's operations. The Superintendent of 48905
Public Instruction, Chancellor of the Ohio Board of Regents, 48906
Director of the Governor's Office of Workforce Transformation, and 48907
Director of the Governor's Office of Health Transformation shall 48908
assist the Director of Job and Family Services with leadership and 48909
organizational support for the Office.48910

       (B) Not later than January 1, 2015, the Office shall submit 48911
to the Governor recommendations for all of the following:48912

        (1) Coordinating services across all public assistance 48913
programs to help individuals find employment, succeed at work, and 48914
stay out of poverty;48915

        (2) Revising incentives for public assistance programs to 48916
foster person-centered case management;48917

        (3) Standardizing and automating eligibility determination 48918
policies and processes for public assistance programs;48919

        (4) Other matters the Office considers appropriate.48920

        (C) In its development of the recommendations under division 48921
(B) of this section, the Office shall do both of the following:48922

        (1) Have as its goal the coordination and reform of state 48923
programs to assist Ohioans in preparing for life and the dignity 48924
of work and to promote individual responsibility and work 48925
opportunity;48926

        (2) Not later than three months after the effective date of 48927
this section, establish clear principles to guide the development 48928
of the recommendations, clearly identify problems to be addressed 48929
in the recommendations, and make an inventory of all existing 48930
state and other resources that the Office considers relevant to 48931
the development of the recommendations.48932

        (D) The Office shall convene and coordinate the directors and 48933
staff of the departments, agencies, boards, commissions, and 48934
institutions of the executive branch of the state as necessary to 48935
develop the recommendations to be submitted to the Governor under 48936
division (B) of this section. The departments, agencies, boards, 48937
commissions, and institutions shall comply with all requests and 48938
directives that the Office makes, subject to the supervision of 48939
the directors of the departments, agencies, offices, boards, and 48940
commissions. The Office also shall convene other individuals 48941
interested in the issues that the Office addresses in the 48942
development of the recommendations to obtain such individuals' 48943
input on, and support for, the recommendations.48944

       Section 751.20. WORKFORCE INTEGRATION TASK FORCE48945

        (A) A workforce integration task force for individuals who 48946
are deaf or blind is hereby established within the Opportunities 48947
for Ohioans with Disabilities Agency. The task force shall be 48948
co-chaired by the Executive Director of the Opportunities for 48949
Ohioans with Disabilities Agency and the Director of the 48950
Department of Job and Family Services. The co-chairs shall appoint 48951
the members of the task force.48952

       (B) The task force shall collect data on the following 48953
regarding individuals who are deaf or blind in Ohio:48954

       (1) The average income levels for those individuals who are 48955
employed compared to those who are not employed;48956

       (2) The number of those individuals;48957

       (3) Where those individuals are geographically located;48958

       (4) The number of those individuals who are employed and in 48959
what job categories they are employed;48960

       (5) Whether barriers to employment exist for those 48961
individuals.48962

       (C) The task force shall use the data collected and any other 48963
information necessary to make recommendations regarding how those 48964
individuals may be more fully integrated into the workforce to 48965
increase employability and income parity. The task force shall 48966
issue a report of its findings and recommendations to the Governor 48967
not later than January 1, 2015. Upon issuance of its report, the 48968
task force ceases to exist. 48969

       Section 751.30. COMMUNITY MENTAL HEALTH AND DRUG ADDICTION 48970
SERVICES FOR RETURNING OFFENDERS48971

       (A) As used in this section:48972

       "Returning offender" means an individual who is released from 48973
confinement in a state correctional facility to live in the 48974
community on or after the effective date of this section.48975

       "State correctional facility" has the same meaning as in 48976
section 2967.01 of the Revised Code.48977

       (B) Subject to division (C) of this section, the boards of 48978
alcohol, drug addiction, and mental health services serving 48979
Cuyahoga, Franklin, Hamilton, Montgomery, and Summit counties 48980
shall prioritize the use of funds made available to the boards by 48981
the Department of Mental Health and Addiction Services under Am. 48982
Sub. H.B. 59 of the 130th General Assembly to temporarily assist 48983
returning offenders who have severe mental illnesses, severe 48984
substance use disorders, or both, and reside in the alcohol, drug 48985
addiction, and mental health service districts the boards serve, 48986
obtain Medicaid-covered community mental health services, 48987
Medicaid-covered community drug addiction services, or both. A 48988
board shall provide the temporary assistance to such a returning 48989
offender regardless of whether the returning offender resided in 48990
the district the board serves before being confined in a state 48991
correctional facility. Such a returning offender's priority for 48992
the temporary assistance shall end on the earlier of the 48993
following:48994

        (1) The date that the offender is enrolled in the Medicaid 48995
program or, if applicable, the date that the suspension of the 48996
offender's Medicaid eligibility ends pursuant to section 5163.45 48997
of the Revised Code;48998

        (2) Sixty days after the offender is released from 48999
confinement in a state correctional facility.49000

       (C) The assistance provided to returning offenders under this 49001
section shall not receive priority over community addiction 49002
services that are prioritized under section 340.15 of the Revised 49003
Code or the program for pregnant women with drug addictions 49004
developed under section 5119.17 of the Revised Code.49005

       Section 751.40. SUPPORT FOR START TALKING! INITIATIVE49006

       The Director of Mental Health and Addiction Services shall 49007
designate an employee who is certified as a prevention specialist 49008
by the Chemical Dependency Professionals Board to serve as 49009
coordinator for the Start Talking! Initiative and to assist with 49010
statewide efforts to prevent substance abuse among children.49011

       Section 757.10. (A) As used in this section, "net additional 49012
tax" means, in the case of a wholesale dealer, the net additional 49013
amount of tax resulting from the amendment by this act of section 49014
5743.02 of the Revised Code, less the discount allowed under 49015
section 5743.05 of the Revised Code as a commission for affixing 49016
and canceling stamps, that is due on all packages of Ohio stamped 49017
cigarettes and on all unaffixed Ohio cigarette tax stamps that the 49018
wholesale dealer has on hand as of the beginning of business on 49019
July 1, 2014, and on July 1, 2015, respectively and, in the case 49020
of a retail dealer, means the net additional amount of tax 49021
resulting from the amendment by this act of section 5743.02 of the 49022
Revised Code that is due on all packages of Ohio stamped 49023
cigarettes and on all unaffixed Ohio cigarette tax stamps that the 49024
retail dealer has on hand as of the beginning of business on July 49025
1, 2014, and on July 1, 2015, respectively.49026

        (B) In addition to the return required under section 5743.03 49027
of the Revised Code, each wholesale dealer and each retail dealer 49028
shall make and file a return on forms prescribed by the tax 49029
commissioner showing the net additional tax due and any other 49030
information that the commissioner considers necessary to apply 49031
sections 5743.01 to 5743.20 of the Revised Code in the 49032
administration of the net additional tax. On or before September 49033
30, 2014, and September 30, 2015, respectively, each wholesale 49034
dealer and each retail dealer shall deliver the return to the 49035
commissioner, together with remittance of the net additional tax 49036
shown on the return to be due.49037

        (C) Any wholesale or retail dealer who fails to file a return 49038
or remit net additional tax as required under this section shall 49039
forfeit and pay into the state treasury a late charge equal to 49040
fifty dollars or ten per cent of the net additional tax due, 49041
whichever is greater.49042

        (D) Unpaid or unreported net additional taxes and late 49043
charges may be collected by assessment in the manner prescribed 49044
under sections 5743.081 and 5743.082 of the Revised Code.49045

        (E) All amounts collected under this section shall be 49046
considered revenue arising from the tax imposed by section 5743.02 49047
of the Revised Code.49048

       Section 757.20. (A) As used in this section:49049

       (1) "Certificate owner" and "qualified rehabilitation 49050
expenditures" have the same meanings as in section 149.311 of the 49051
Revised Code.49052

       (2) "Taxpayer," "tax period," "excluded person," "combined 49053
taxpayer," and "consolidated elected taxpayer," have the same 49054
meanings as in section 5751.01 of the Revised Code.49055

       (3) "Pass-through entity" has the same meaning as in section 49056
5733.04 of the Revised Code.49057

       (B) A taxpayer that is the certificate owner of a 49058
rehabilitation tax credit certificate issued under section 149.311 49059
of the Revised Code may claim a credit against the tax levied by 49060
section 5751.02 of the Revised Code for tax periods ending on or 49061
before June 30, 2015, provided that the taxpayer is unable to 49062
claim the credit under section 5725.151, 5725.34, 5726.52, 49063
5729.17, 5733.47, or 5747.76 of the Revised Code. 49064

       The credit shall equal the lesser of twenty-five per cent of 49065
the dollar amount of the qualified rehabilitation expenditures 49066
indicated on the certificate or five million dollars. The credit 49067
shall be claimed for the calendar year specified in the 49068
certificate and after the credits authorized in divisions (A)(1) 49069
to (4) of section 5751.98 of the Revised Code, but before the 49070
credits authorized in divisions (A)(5) to (7) of that section.49071

       If the credit allowed for any calendar year exceeds the tax 49072
otherwise due under section 5751.02 of the Revised Code, after 49073
allowing for any other credits preceding the credit in the order 49074
prescribed by this section, the excess shall be refunded to the 49075
taxpayer. However, if any amount of the credit is refunded, the 49076
sum of the amount refunded and the amount applied to reduce the 49077
tax otherwise due for that year shall not exceed three million 49078
dollars. The taxpayer may carry forward any balance of the credit 49079
in excess of the amount claimed for that year for not more than 49080
five calendar years after the calendar year specified in the 49081
certificate, and shall deduct any amount claimed in any such year 49082
from the amount claimed in an ensuing year. 49083

       A person that is an excluded person may file a return under 49084
section 5751.051 of the Revised Code for the purpose of claiming 49085
the credit authorized in this section.49086

       If the certificate owner is a pass-through entity, the credit 49087
may not be allocated among the entity's owners in proportions or 49088
amounts as the owners mutually agree unless either the owners are 49089
part of the same combined or consolidated elected taxpayer as the 49090
pass-through entity or the director of development services issued 49091
the certificate in the name of the pass-through entity's owners in 49092
the agreed-upon proportions or amounts. If the credit is allocated 49093
among those owners, an owner may claim the credit authorized in 49094
this section only if that owner is a corporation or an association 49095
taxed as a corporation for federal income tax purposes and is not 49096
a corporation that has made an election under Subchapter S of 49097
Chapter 1 of Subtitle A of the Internal Revenue Code. 49098

       The credit authorized in this section may be claimed only on 49099
the basis of a rehabilitation tax credit certificate obtained by a 49100
certificate holder after December 31, 2013, but before June 30, 49101
2015.49102

       A taxpayer claiming a credit under this section shall retain 49103
the rehabilitation tax credit certificate for four years following 49104
the end of the latest calendar year in which the credit was 49105
applied, and shall make the certificate available for inspection 49106
by the tax commissioner upon request. 49107

       Section 759.10. State agencies that are required to apply for 49108
approval to the State Approving Agency at the Ohio Department of 49109
Veterans Services under section 5903.05 of the Revised Code shall 49110
do so initially not later than December 31, 2014. 49111

       Section 759.20.  A licensing agency that is required to adopt 49112
rules under section 5903.04 of the Revised Code shall adopt 49113
initial rules not later than December 31, 2014.49114

       Section 759.30.  The Director of Veterans Services shall 49115
implement divisions (BB) to (EE) of section 5902.02 of the Revised 49116
Code not later than December 31, 2014.49117

       Section 803.10.  The amendment by this act of section 122.86 49118
of the Revised Code applies to any qualifying investment made on 49119
or after July 1, 2011, including any qualifying investment made on 49120
or after July 1, 2013.49121

       Section 803.20. The Agricultural Pollution Abatement Fund 49122
that is created in section 939.11 of the Revised Code, as enacted 49123
by this act, is a continuation of the Agricultural Pollution 49124
Abatement Fund that was created in section 1511.071 of the Revised 49125
Code prior to its repeal by this act. Money credited to the Fund 49126
under section 1511.071 of the Revised Code, as repealed by this 49127
act, shall be used for the purposes specified in section 939.11 of 49128
the Revised Code, as enacted by this act.49129

       Section 803.30. Operation and management plans that were 49130
developed or approved under Chapter 1511. or 1515. of the Revised 49131
Code prior to the amendment of those chapters by this act continue 49132
in effect as nutrient management plans under Chapter 939. or 1515. 49133
of the Revised Code as enacted or amended by this act, as 49134
applicable. 49135

       Section 803.40.  The amendments made by section 101.01 of 49136
this act to sections 4123.01, 4123.26, 4123.29, 4123.292, 4123.54, 49137
and 4123.82 of the Revised Code apply to claims that arise on or 49138
after the effective date of those amendments.49139

       Section 803.50. This act applies to an appeal filed pursuant 49140
to section 4123.512 of the Revised Code, as amended by this act, 49141
on or after the effective date of this act.49142

       Section 803.60.  The amendment by this act of sections 49143
5743.01, 5743.51, 5743.62, 5743.63, and 5743.65 of the Revised 49144
Code applies to invoices dated on or after July 1, 2014.49145

       Section 803.70.  The amendment by this act of section 5747.02 49146
of the Revised Code applies to taxable years beginning on or after 49147
January 1, 2014.49148

       Section 803.80. The amendment by this act of section 5751.03 49149
of the Revised Code applies to tax periods beginning on or after 49150
July 1, 2014.49151

       Section 806.10. The items of law contained in this act, and 49152
their applications, are severable. If any item of law contained in 49153
this act, or if any application of any item of law contained in 49154
this act, is held invalid, the invalidity does not affect other 49155
items of law contained in this and their applications that can be 49156
given effect without the invalid item of law or application.49157

       Section 812.10. Except as otherwise provided in this act, the 49158
amendment, enactment, or repeal by this act of a section is 49159
subject to the referendum under Ohio Constitution, Article II, 49160
Section 1c and therefore takes effect on the ninety-first day 49161
after this act is filed with the Secretary of State or, if a later 49162
effective date is specified below, on that date.49163

       Sections 901.22, 903.01, 903.03, 903.04, 903.07, 903.082, 49164
903.09, 903.10, 903.11, 903.12, 903.13, 903.16, 903.17, 903.25, 49165
939.01, 939.02, 939.03, 1511.022 (939.04), 939.05, 939.06, 939.07, 49166
939.08, 939.09, 939.10, 939.11, 941.14, 953.22, 1511.01, 1511.02, 49167
1511.021, 1511.023, 1511.05, 1511.07, 1511.071, 1511.09, 1511.99, 49168
1515.01, 1515.02, 1515.08, 3734.02, 3734.029, 3745.70, 6111.03, 49169
6111.04, and 6111.44 of the Revised Code take effect on January 1, 49170
2015.49171

       Section 4125.05 of the Revised Code takes effect July 1, 49172
2015.49173

       Sections 515.10, 709.10, 715.10, 803.20, and 803.30 of this 49174
act take effect January 1, 2015.49175

       Section 812.20. The amendment, enactment, or repeal by this 49176
act of the sections listed below is exempt from the referendum 49177
under Ohio Constitution, Article II, Section 1d and section 1.471 49178
of the Revised Code and therefore takes effect immediately when 49179
this act becomes law or, if a later effective date is specified 49180
below, on that date.49181

       Section 5751.03 of the Revised Code.49182

       Sections 190.01, 190.02, 190.03, 190.04, 321.50, 1509.34, 49183
1509.50, 5703.052, 5743.02, 5743.32, 5749.01, 5749.02, 5749.03, 49184
5749.031, 5749.04, 5749.06, 5749.07, 5749.08, 5749.10, 5749.12, 49185
5749.13, 5749.14, 5749.15, and 5749.17 of the Revised Code take 49186
effect July 1, 2014.49187

       Sections 503.20, 512.10, 512.20, 512.30, 512.40, 751.40, 49188
803.80, 812.10, 812.20, and 812.30 of this act.49189

       Section 812.30. The sections that are listed in the left-hand 49190
column of the following table combine amendments by this act that 49191
are and that are not exempt from the referendum under Ohio 49192
Constitution, Article II, sections 1c and 1d and section 1.471 of 49193
the Revised Code.49194

        The middle column identifies the amendments to the listed 49195
sections that are subject to the referendum under Ohio 49196
Constitution, Article II, section 1c and therefore take effect on 49197
the ninety-first day after this act is filed with the Secretary of 49198
State or, if a later effective date is specified, on that date.49199

        The right-hand column identifies the amendments to the listed 49200
sections that are exempt from the referendum under Ohio 49201
Constitution, Article II, section 1d and section 1.471 of the 49202
Revised Code and therefore take effect immediately when this act 49203
becomes law or, if a later effective date is specified, on that 49204
date.49205

Section of law Amendments subject to referendum Amendments exempt from referendum 49206
1509.02 The amendment striking "1509.061" All amendments except as described in the left-hand column take effect July 1, 2014 49207
1509.11 The amendments to divisions (A)(1) and (2) All amendments except as described in the left-hand column take effect July 1, 2014 49208
5743.01 All amendments except as described in the right-hand column The amendment striking division (Q) takes effect July 1, 2014 49209
5743.51 All amendments except as described in the right-hand column The amendment to division (A) takes effect July 1, 2014 49210
5743.62 All amendments except as described in the right-hand column The amendment to division (A) takes effect July 1, 2014 49211
5743.63 All amendments except as described in the right-hand column The amendment to division (A) takes effect July 1, 2014 49212

       Section 815.10. The General Assembly, applying the principle 49213
stated in division (B) of section 1.52 of the Revised Code that 49214
amendments are to be harmonized if reasonably capable of 49215
simultaneous operation, finds that the following sections, 49216
presented in this act as composites of the sections as amended by 49217
the acts indicated, are the resulting versions of the sections in 49218
effect prior to the effective date of the sections as presented in 49219
this act:49220

       Section 3772.10 of the Revised Code as amended by both Am. 49221
Sub. H.B. 386 and Am. Sub. S.B. 337 of the 129th General Assembly.49222

       Section 4123.26 of the Revised Code as amended by both Am. 49223
Sub. H.B. 562 and Am. Sub. S.B. 334 of the 127th General Assembly.49224

       Section 4731.36 of the Revised Code as amended by both Sub. 49225
H.B. 251 and Sub. S.B. 141 of the 129th General Assembly.49226

       Section 815.20. Division (J) of section 5751.20 of the 49227
Revised Code is amended by this act and also by H.B. 59 of the 49228
130th General Assembly (effective July 1, 2014). The amendments of 49229
H.B. 59 are included in this act to confirm the intention to 49230
retain them, but are not intended to be effective until July 1, 49231
2014.49232

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