Bill Text: OH HB483 | 2013-2014 | 130th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: ; to amend Sections 207.10, 209.30, 221.10, 241.10, 245.10, 257.10, 257.20, 259.10, 259.210, 263.10, 263.40, 263.230, 263.240, 263.250, 263.270, 263.320, 263.325, 275.10, 282.10, 282.30, 285.10, 285.20, 301.10, 301.33, 301.40, 301.143, 327.10, 327.83, 333.10, 333.80, 340.10, 349.10, 359.10, 363.10, 365.10, 395.10, 403.10, 512.70, 512.80, and 751.10 of Am. Sub. H.B. 59 of the 130th General Assembly; to amend Sections 207.100, 207.250, 207.340, 207.440, 221.10, 223.10, 223.30, 223.40, 239.10, 253.330, 269.10, 509.80, and 701.50 of Am. H.B. 497 of the 130th General Assembly; to amend Section 9 of Am. Sub. S.B. 206 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 16-0)

Status: (Passed) 2014-09-15 - Effective Date [HB483 Detail]

Download: Ohio-2013-HB483-Introduced.html
As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 483


Representative Amstutz 


A BILL
To amend sections 7.10, 7.16, 9.482, 109.572, 1
109.5721, 111.15, 119.03, 122.121, 122.861, 2
124.32, 125.13, 125.182, 126.21, 126.25, 149.38, 3
153.56, 164.26, 173.27, 173.38, 191.01, 340.02, 4
340.021, 1321.535, 1321.55, 1322.03, 1322.031, 5
1322.04, 1322.041, 1322.051, 1322.06, 1509.071, 6
1533.10, 1533.11, 1533.12, 1711.50, 1711.53, 7
2151.417, 2151.421, 2152.19, 2701.09, 2945.402, 8
3123.89, 3313.90, 3313.91, 3314.08, 3317.02, 9
3317.0217, 3701.132, 3701.34, 3701.74, 3701.83, 10
3701.881, 3702.511, 3702.52, 3702.526, 3702.71, 11
3702.74, 3702.75, 3702.91, 3702.95, 3730.09, 12
3737.02, 4141.01, 4141.09, 4141.11, 4141.131, 13
4141.20, 4141.25, 4141.26, 4141.28, 4141.29, 14
4141.35, 4511.191, 4729.03, 4729.54, 4729.83, 15
4737.045, 4758.01, 4758.02, 4758.06, 4758.16, 16
4758.20, 4758.21, 4758.23, 4758.24, 4758.26, 17
4758.28, 4758.29, 4758.30, 4758.31, 4758.35, 18
4758.36, 4758.50, 4758.51, 4758.60, 4758.71, 19
4781.121, 4781.29, 4905.01, 4905.81, 4905.95, 20
4923.01, 4923.02, 4923.04, 4928.66, 5104.03, 21
5123.01, 5123.011, 5123.012, 5123.081, 5123.16, 22
5123.162, 5123.169, 5123.19, 5123.191, 5123.21, 23
5123.61, 5123.75, 5123.76, 5123.89, 5124.01, 24
5124.106, 5124.21, 5124.60, 5124.61, 5124.62, 25
5124.67, 5126.01, 5126.0219, 5126.041, 5126.046, 26
5126.051, 5126.08, 5126.21, 5126.25, 5126.42, 27
5126.43, 5126.45, 5139.05, 5139.34, 5139.36, 28
5139.41, 5164.34, 5164.342, 5513.01, and 5713.012; 29
to enact sections 164.261, 3123.90, 3317.162, 30
3721.122, 4758.48, 4758.62, 4758.63, 4758.64, 31
4909.157, 5122.36, 5123.0420, 5139.12, and 32
5139.45; to repeal sections 3125.191, 3702.93, 33
5124.63, and 5124.64 of the Revised Code; to amend 34
Sections 207.10, 209.30, 211.10, 221.10, 241.10, 35
257.10, 259.10, 263.10, 263.230, 263.240, 263.250, 36
263.270, 263.325, 275.10, 282.10, 282.30, 285.10, 37
285.20, 301.10, 327.10, 333.10, 333.80, 340.10, 38
359.10, 363.10, 365.10, 395.10, 403.10, 512.80, 39
and 751.10 of Am. Sub. H.B. 59 of the 130th 40
General Assembly; and to repeal Section 747.40 of 41
Am. Sub. H.B. 59 of the 130th General Assembly to 42
make operating and other appropriations and to 43
provide authorization and conditions for the 44
operation of state programs.45


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, 46
109.5721, 111.15, 119.03, 122.121, 122.861, 124.32, 125.13, 47
125.182, 126.21, 126.25, 149.38, 153.56, 164.26, 173.27, 173.38, 48
191.01, 340.02, 340.021, 1321.535, 1321.55, 1322.03, 1322.031, 49
1322.04, 1322.041, 1322.051, 1322.06, 1509.071, 1533.10, 1533.11, 50
1533.12, 1711.50, 1711.53, 2151.417, 2151.421, 2152.19, 2701.09, 51
2945.402, 3123.89, 3313.90, 3313.91, 3314.08, 3317.02, 3317.0217, 52
3701.132, 3701.34, 3701.74, 3701.83, 3701.881, 3702.511, 3702.52, 53
3702.526, 3702.71, 3702.74, 3702.75, 3702.91, 3702.95, 3730.09, 54
3737.02, 4141.01, 4141.09, 4141.11, 4141.131, 4141.20, 4141.25, 55
4141.26, 4141.28, 4141.29, 4141.35, 4511.191, 4729.03, 4729.54, 56
4729.83, 4737.045, 4758.01, 4758.02, 4758.06, 4758.16, 4758.20, 57
4758.21, 4758.23, 4758.24, 4758.26, 4758.28, 4758.29, 4758.30, 58
4758.31, 4758.35, 4758.36, 4758.50, 4758.51, 4758.60, 4758.71, 59
4781.121, 4781.29, 4905.01, 4905.81, 4905.95, 4923.01, 4923.02, 60
4923.04, 4928.66, 5104.03, 5123.01, 5123.011, 5123.012, 5123.081, 61
5123.16, 5123.162, 5123.169, 5123.19, 5123.191, 5123.21, 5123.61, 62
5123.75, 5123.76, 5123.89, 5124.01, 5124.106, 5124.21, 5124.60, 63
5124.61, 5124.62, 5124.67, 5126.01, 5126.0219, 5126.041, 5126.046, 64
5126.051, 5126.08, 5126.21, 5126.25, 5126.42, 5126.43, 5126.45, 65
5139.05, 5139.34, 5139.36, 5139.41, 5164.34, 5164.342, 5513.01, 66
and 5713.012 be amended; and sections 164.261, 3123.90, 3317.162, 67
3721.122, 4758.48, 4758.62, 4758.63, 4758.64, 4909.157, 5122.36, 68
5123.0420, 5139.12, and 5139.45 of the Revised Code be enacted to 69
read as follows:70

       Sec. 7.10.  For the publication of advertisements, notices, 71
and proclamations, except those relating to proposed amendments to 72
the Ohio Constitution, required to be published by a public 73
officer of the state, a benevolent or other public institution, a 74
trustee, assignee, executor, or administrator, or by or in any 75
court of record, except when the rate is otherwise fixed by law, 76
publishers of newspapers may charge and receive for such 77
advertisements, notices, and proclamations rates charged on annual 78
contracts by them for a like amount of space to other advertisers 79
who advertise in its general display advertising columns.80

       For the publication of advertisements, notices, or 81
proclamations required to be published by a public officer of a 82
county, municipal corporation, township, school, or other 83
political subdivision, publishers of newspapers shall establish a 84
government rate, which shall include free publication of 85
advertisements, notices, or proclamations on the newspaper's 86
internet web site, if the newspaper has one. The government rate 87
shall not exceed the lowest classified advertising rate and lowest 88
insert rate paid by other advertisers.89

        Legal advertising appearing in print, except that relating to 90
proposed amendments to the Ohio Constitution, shall be set up in a 91
compact form, without unnecessary spaces, blanks, or headlines, 92
and printed in not smaller than six-point type. The type used must 93
be of such proportions that the body of the capital letter M is no 94
wider than it is high and all other letters and characters are in 95
proportion.96

       Except as provided in section 2701.09 of the Revised Code, 97
all legal advertisements or, notices, or proclamations shall be 98
printed in a newspaper of general circulation and shall be posted 99
by the newspaper publisher on the newspaper's internet web site, 100
if the newspaper has one. Publishers of newspapers may not charge 101
for posting advertisements, notices, and proclamations on the 102
newspaper's internet web site, if the newspaper has one.103

       Sec. 7.16. (A) As used in this section:104

       (1) "State agency" means any organized body, office, agency, 105
institution, or other entity established by the laws of the state 106
for the exercise of any function of state government, including 107
state institutions of higher education, as defined in section 108
3345.011 of the Revised Code.109

       (2) "Political subdivision" has the meaning defined in 110
section 2744.01 of the Revised Code.111

       (B) If a section of the Revised Code or an administrative 112
rule requires a state agency or a political subdivision to publish 113
a notice or advertisement two or more times in a newspaper of 114
general circulation and the section or administrative rule refers 115
to this section, the first publication of the notice or 116
advertisement shall be made in its entirety in a newspaper of 117
general circulation and may be made in a preprinted insert in the 118
newspaper, but the second publication otherwise required by that 119
section or administrative rule may be made in abbreviated form in 120
a newspaper of general circulation in the state or in the 121
political subdivision, as designated in that section or 122
administrative rule, and on the newspaper's internet web site, if 123
the newspaper has one. The state agency or political subdivision 124
may eliminate any further newspaper publications required by that 125
section or administrative rule, provided that the second, 126
abbreviated notice or advertisement meets all of the following 127
requirements:128

       (1) It is published in the newspaper of general circulation 129
in which the first publication of the notice or advertisement was 130
made and is published on that newspaper's internet web site, if 131
the newspaper has one.132

       (2) It is published on the stateofficial public notice web 133
site established under section 125.182 of the Revised Code. The 134
publisher of the newspaper shall post the notice or advertisement 135
on the official public notice web site at no additional cost.136

       (3) It includes a title, followed by a summary paragraph or 137
statement that clearly describes the specific purpose of the 138
notice or advertisement, and includes a statement that the notice 139
or advertisement is posted in its entirety on the stateofficial140
public notice web site. The notice or advertisement also may be 141
posted on the state agency's or political subdivision's internet 142
web site.143

       (4) It includes the internet addressesaddress of the state144
official public notice web site, and of the newspaper's and state 145
agency's or political subdivision's internet web site if the 146
notice or advertisement is posted on those web sites, and the 147
name, address, telephone number, and electronic mail address of 148
the state agency, political subdivision, or other party 149
responsible for publication of the notice or advertisement.150

       (C) A notice or advertisement published under this section on 151
an internet web site shall be published in its entirety in 152
accordance with the section of the Revised Code or the 153
administrative rule that requires the publication.154

        (D) If the stateofficial public notice web site established 155
under section 125.182 of the Revised Code is not operational, the 156
state agency or political subdivision shall not publish a notice 157
or advertisement under this section, but instead shall comply with 158
the publication requirements of the section of the Revised Code or 159
the administrative rule that refers to this section.160

       Sec. 9.482. (A) As used in this section, "political:161

       (1) "Political subdivision" has the meaning defined in 162
section 2744.01 of the Revised Code.163

       (2) "State agency" means any organized body, office, agency, 164
institution, or other entity established by the laws of the state 165
for the exercise of any function of state government. The term 166
includes a state institution of higher education as defined in 167
section 3345.011 of the Revised Code.168

       (B)(1) When legally authorized by their respective 169
legislative authoritiesto do so, a political subdivision may 170
enter into an agreement with another political subdivision or a 171
state agency whereby athe contracting political subdivision or 172
state agency agrees to exercise any power, perform any function, 173
or render any service for anotherthe contracting recipient 174
political subdivision that the contracting recipient political 175
subdivision is otherwise legally authorized to exercise, perform, 176
or render.177

       In(2) When legally authorized to do so, a state agency may 178
enter into an agreement with a political subdivision whereby the 179
contracting political subdivision agrees to exercise any power, 180
perform any function, or render any service for the contracting 181
recipient state agency that the contracting recipient state agency 182
is otherwise legally authorized to exercise, perform, or render.183

       (C) In the absence in the agreement of provisions determining 184
by what officer, office, department, agency, or other authority 185
the powers and duties of a contracting political subdivision shall 186
be exercised or performed, the legislative authority of the 187
contracting political subdivision shall determine and assign the 188
powers and duties.189

        An agreement shall not suspend the possession by a 190
contracting recipient political subdivision or state agency of any 191
power or function that is exercised or performed on its behalf by 192
anotherthe other contracting political subdivision or the 193
contracting state agency under the agreement.194

       A political subdivision shall not enter into an agreement to 195
levy any tax or to exercise, with regard to public moneys, any 196
investment powers, perform any investment function, or render any 197
investment service on behalf of a contracting subdivision. Nothing 198
in this paragraph prohibits a political subdivision from entering 199
into an agreement to collect, administer, or enforce any tax on 200
behalf of another political subdivision or to limit the authority 201
of political subdivisions to create and operate joint economic 202
development zones or joint economic development districts as 203
provided in sections 715.69 to 715.83 of the Revised Code.204

       (C)(D) No county elected officer may be required to exercise 205
any power, perform any function, or render any service under an 206
agreement entered into under this section without the written 207
consent of the county elected officer. No county may enter into an 208
agreement under this section for the exercise, performance, or 209
rendering of any statutory powers, functions, or services of any 210
county elected officer without the written consent of the county 211
elected officer.212

       (D)(E) No power shall be exercised, no function shall be 213
performed, and no service shall be rendered by a contracting 214
political subdivision or state agency pursuant to an agreement 215
entered into under this section within a political subdivision 216
that is not a party to the agreement, without first obtaining the 217
written consent of the political subdivision that is not a party 218
to the agreement and within which the power is to be exercised, a 219
function is to be performed, or a service is to be rendered.220

       (E)(F) Chapter 2744. of the Revised Code, insofar as it 221
applies to the operation of a political subdivision, applies to 222
the political subdivisions that are parties to an agreement and to 223
their employees when they are rendering a service outside the 224
boundaries of their employing political subdivision under the 225
agreement. Employees acting outside the boundaries of their 226
employing political subdivision while providing a service under an 227
agreement may participate in any pension or indemnity fund 228
established by the political subdivision to the same extent as 229
while they are acting within the boundaries of the political 230
subdivision, and are entitled to all the rights and benefits of 231
Chapter 4123. of the Revised Code to the same extent as while they 232
are performing a service within the boundaries of the political 233
subdivision.234

       Sec. 109.572. (A)(1) Upon receipt of a request pursuant to 235
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code, 236
a completed form prescribed pursuant to division (C)(1) of this 237
section, and a set of fingerprint impressions obtained in the 238
manner described in division (C)(2) of this section, the 239
superintendent of the bureau of criminal identification and 240
investigation shall conduct a criminal records check in the manner 241
described in division (B) of this section to determine whether any 242
information exists that indicates that the person who is the 243
subject of the request previously has been convicted of or pleaded 244
guilty to any of the following:245

       (a) A violation of section 2903.01, 2903.02, 2903.03, 246
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 247
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 248
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 249
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 250
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 251
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 252
2925.06, or 3716.11 of the Revised Code, felonious sexual 253
penetration in violation of former section 2907.12 of the Revised 254
Code, a violation of section 2905.04 of the Revised Code as it 255
existed prior to July 1, 1996, a violation of section 2919.23 of 256
the Revised Code that would have been a violation of section 257
2905.04 of the Revised Code as it existed prior to July 1, 1996, 258
had the violation been committed prior to that date, or a 259
violation of section 2925.11 of the Revised Code that is not a 260
minor drug possession offense;261

       (b) A violation of an existing or former law of this state, 262
any other state, or the United States that is substantially 263
equivalent to any of the offenses listed in division (A)(1)(a) of 264
this section;265

       (c) If the request is made pursuant to section 3319.39 of the 266
Revised Code for an applicant who is a teacher, any offense 267
specified in section 3319.31 of the Revised Code.268

       (2) On receipt of a request pursuant to section 3712.09 or 269
3721.121 of the Revised Code, a completed form prescribed pursuant 270
to division (C)(1) of this section, and a set of fingerprint 271
impressions obtained in the manner described in division (C)(2) of 272
this section, the superintendent of the bureau of criminal 273
identification and investigation shall conduct a criminal records 274
check with respect to any person who has applied for employment in 275
a position for which a criminal records check is required by those 276
sections. The superintendent shall conduct the criminal records 277
check in the manner described in division (B) of this section to 278
determine whether any information exists that indicates that the 279
person who is the subject of the request previously has been 280
convicted of or pleaded guilty to any of the following:281

       (a) A violation of section 2903.01, 2903.02, 2903.03, 282
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 283
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 284
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 285
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 286
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 287
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 288
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 289
2925.22, 2925.23, or 3716.11 of the Revised Code;290

       (b) An existing or former law of this state, any other state, 291
or the United States that is substantially equivalent to any of 292
the offenses listed in division (A)(2)(a) of this section.293

       (3) On receipt of a request pursuant to section 173.27, 294
173.38, 3701.881, 5164.34, 5164.341, 5164.342, 5123.081, or 295
5123.169 of the Revised Code, a completed form prescribed pursuant 296
to division (C)(1) of this section, and a set of fingerprint 297
impressions obtained in the manner described in division (C)(2) of 298
this section, the superintendent of the bureau of criminal 299
identification and investigation shall conduct a criminal records 300
check of the person for whom the request is made. The 301
superintendent shall conduct the criminal records check in the 302
manner described in division (B) of this section to determine 303
whether any information exists that indicates that the person who 304
is the subject of the request previously has been convicted of, 305
hasor pleaded guilty to, or (except in the case of a request 306
pursuant to section 5164.34, 5164.341, or 5164.342 of the Revised 307
Code) has been found eligible for intervention in lieu of 308
conviction for any of the following, regardless of the date of the 309
conviction, the dateor of the entry of the guilty plea, or 310
(except in the case of a request pursuant to section 5164.34, 311
5164.341, or 5164.342 of the Revised Code) the date the person was 312
found eligible for intervention in lieu of conviction:313

       (a) A violation of section 959.13, 959.131, 2903.01, 2903.02, 314
2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 315
2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01, 316
2905.02, 2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.02, 317
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 318
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 319
2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04, 320
2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 321
2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21, 322
2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 323
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 324
2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123, 325
2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.12, 326
2921.13, 2921.21, 2921.24, 2921.32, 2921.321, 2921.34, 2921.35, 327
2921.36, 2921.51, 2923.12, 2923.122, 2923.123, 2923.13, 2923.161, 328
2923.162, 2923.21, 2923.32, 2923.42, 2925.02, 2925.03, 2925.04, 329
2925.041, 2925.05, 2925.06, 2925.09, 2925.11, 2925.13, 2925.14, 330
2925.141, 2925.22, 2925.23, 2925.24, 2925.36, 2925.55, 2925.56, 331
2927.12, or 3716.11 of the Revised Code;332

       (b) Felonious sexual penetration in violation of former 333
section 2907.12 of the Revised Code;334

       (c) A violation of section 2905.04 of the Revised Code as it 335
existed prior to July 1, 1996;336

       (d) A violation of section 2923.01, 2923.02, or 2923.03 of 337
the Revised Code when the underlying offense that is the object of 338
the conspiracy, attempt, or complicity is one of the offenses 339
listed in divisions (A)(3)(a) to (c) of this section;340

       (e) A violation of an existing or former municipal ordinance 341
or law of this state, any other state, or the United States that 342
is substantially equivalent to any of the offenses listed in 343
divisions (A)(3)(a) to (d) of this section.344

       (4) On receipt of a request pursuant to section 2151.86 of 345
the Revised Code, a completed form prescribed pursuant to division 346
(C)(1) of this section, and a set of fingerprint impressions 347
obtained in the manner described in division (C)(2) of this 348
section, the superintendent of the bureau of criminal 349
identification and investigation shall conduct a criminal records 350
check in the manner described in division (B) of this section to 351
determine whether any information exists that indicates that the 352
person who is the subject of the request previously has been 353
convicted of or pleaded guilty to any of the following:354

       (a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, 355
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, 356
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 357
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 358
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 359
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, 360
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02, 361
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 362
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11 363
of the Revised Code, a violation of section 2905.04 of the Revised 364
Code as it existed prior to July 1, 1996, a violation of section 365
2919.23 of the Revised Code that would have been a violation of 366
section 2905.04 of the Revised Code as it existed prior to July 1, 367
1996, had the violation been committed prior to that date, a 368
violation of section 2925.11 of the Revised Code that is not a 369
minor drug possession offense, two or more OVI or OVUAC violations 370
committed within the three years immediately preceding the 371
submission of the application or petition that is the basis of the 372
request, or felonious sexual penetration in violation of former 373
section 2907.12 of the Revised Code;374

       (b) A violation of an existing or former law of this state, 375
any other state, or the United States that is substantially 376
equivalent to any of the offenses listed in division (A)(4)(a) of 377
this section.378

       (5) Upon receipt of a request pursuant to section 5104.012 or 379
5104.013 of the Revised Code, a completed form prescribed pursuant 380
to division (C)(1) of this section, and a set of fingerprint 381
impressions obtained in the manner described in division (C)(2) of 382
this section, the superintendent of the bureau of criminal 383
identification and investigation shall conduct a criminal records 384
check in the manner described in division (B) of this section to 385
determine whether any information exists that indicates that the 386
person who is the subject of the request has been convicted of or 387
pleaded guilty to any of the following:388

       (a) A violation of section 2903.01, 2903.02, 2903.03, 389
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22, 390
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 391
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 392
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 393
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04, 394
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 395
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 396
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12, 397
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12, 398
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 399
3716.11 of the Revised Code, felonious sexual penetration in 400
violation of former section 2907.12 of the Revised Code, a 401
violation of section 2905.04 of the Revised Code as it existed 402
prior to July 1, 1996, a violation of section 2919.23 of the 403
Revised Code that would have been a violation of section 2905.04 404
of the Revised Code as it existed prior to July 1, 1996, had the 405
violation been committed prior to that date, a violation of 406
section 2925.11 of the Revised Code that is not a minor drug 407
possession offense, a violation of section 2923.02 or 2923.03 of 408
the Revised Code that relates to a crime specified in this 409
division, or a second violation of section 4511.19 of the Revised 410
Code within five years of the date of application for licensure or 411
certification.412

       (b) A violation of an existing or former law of this state, 413
any other state, or the United States that is substantially 414
equivalent to any of the offenses or violations described in 415
division (A)(5)(a) of this section.416

       (6) Upon receipt of a request pursuant to section 5153.111 of 417
the Revised Code, a completed form prescribed pursuant to division 418
(C)(1) of this section, and a set of fingerprint impressions 419
obtained in the manner described in division (C)(2) of this 420
section, the superintendent of the bureau of criminal 421
identification and investigation shall conduct a criminal records 422
check in the manner described in division (B) of this section to 423
determine whether any information exists that indicates that the 424
person who is the subject of the request previously has been 425
convicted of or pleaded guilty to any of the following:426

       (a) A violation of section 2903.01, 2903.02, 2903.03, 427
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 428
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 429
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 430
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 431
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 432
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 433
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, 434
felonious sexual penetration in violation of former section 435
2907.12 of the Revised Code, a violation of section 2905.04 of the 436
Revised Code as it existed prior to July 1, 1996, a violation of 437
section 2919.23 of the Revised Code that would have been a 438
violation of section 2905.04 of the Revised Code as it existed 439
prior to July 1, 1996, had the violation been committed prior to 440
that date, or a violation of section 2925.11 of the Revised Code 441
that is not a minor drug possession offense;442

       (b) A violation of an existing or former law of this state, 443
any other state, or the United States that is substantially 444
equivalent to any of the offenses listed in division (A)(6)(a) of 445
this section.446

       (7) On receipt of a request for a criminal records check from 447
an individual pursuant to section 4749.03 or 4749.06 of the 448
Revised Code, accompanied by a completed copy of the form 449
prescribed in division (C)(1) of this section and a set of 450
fingerprint impressions obtained in a manner described in division 451
(C)(2) of this section, the superintendent of the bureau of 452
criminal identification and investigation shall conduct a criminal 453
records check in the manner described in division (B) of this 454
section to determine whether any information exists indicating 455
that the person who is the subject of the request has been 456
convicted of or pleaded guilty to a felony in this state or in any 457
other state. If the individual indicates that a firearm will be 458
carried in the course of business, the superintendent shall 459
require information from the federal bureau of investigation as 460
described in division (B)(2) of this section. Subject to division 461
(F) of this section, the superintendent shall report the findings 462
of the criminal records check and any information the federal 463
bureau of investigation provides to the director of public safety.464

       (8) On receipt of a request pursuant to section 1321.37, 465
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised 466
Code, a completed form prescribed pursuant to division (C)(1) of 467
this section, and a set of fingerprint impressions obtained in the 468
manner described in division (C)(2) of this section, the 469
superintendent of the bureau of criminal identification and 470
investigation shall conduct a criminal records check with respect 471
to any person who has applied for a license, permit, or 472
certification from the department of commerce or a division in the 473
department. The superintendent shall conduct the criminal records 474
check in the manner described in division (B) of this section to 475
determine whether any information exists that indicates that the 476
person who is the subject of the request previously has been 477
convicted of or pleaded guilty to any of the following: a 478
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or 479
2925.03 of the Revised Code; any other criminal offense involving 480
theft, receiving stolen property, embezzlement, forgery, fraud, 481
passing bad checks, money laundering, or drug trafficking, or any 482
criminal offense involving money or securities, as set forth in 483
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of 484
the Revised Code; or any existing or former law of this state, any 485
other state, or the United States that is substantially equivalent 486
to those offenses.487

       (9) On receipt of a request for a criminal records check from 488
the treasurer of state under section 113.041 of the Revised Code 489
or from an individual under section 4701.08, 4715.101, 4717.061, 490
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 491
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296, 492
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4755.70, 493
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 494
4762.06, 4776.021, 4779.091, or 4783.04 of the Revised Code, 495
accompanied by a completed form prescribed under division (C)(1) 496
of this section and a set of fingerprint impressions obtained in 497
the manner described in division (C)(2) of this section, the 498
superintendent of the bureau of criminal identification and 499
investigation shall conduct a criminal records check in the manner 500
described in division (B) of this section to determine whether any 501
information exists that indicates that the person who is the 502
subject of the request has been convicted of or pleaded guilty to 503
any criminal offense in this state or any other state. Subject to 504
division (F) of this section, the superintendent shall send the 505
results of a check requested under section 113.041 of the Revised 506
Code to the treasurer of state and shall send the results of a 507
check requested under any of the other listed sections to the 508
licensing board specified by the individual in the request.509

       (10) On receipt of a request pursuant to section 1121.23, 510
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised 511
Code, a completed form prescribed pursuant to division (C)(1) of 512
this section, and a set of fingerprint impressions obtained in the 513
manner described in division (C)(2) of this section, the 514
superintendent of the bureau of criminal identification and 515
investigation shall conduct a criminal records check in the manner 516
described in division (B) of this section to determine whether any 517
information exists that indicates that the person who is the 518
subject of the request previously has been convicted of or pleaded 519
guilty to any criminal offense under any existing or former law of 520
this state, any other state, or the United States.521

       (11) On receipt of a request for a criminal records check 522
from an appointing or licensing authority under section 3772.07 of 523
the Revised Code, a completed form prescribed under division 524
(C)(1) of this section, and a set of fingerprint impressions 525
obtained in the manner prescribed in division (C)(2) of this 526
section, the superintendent of the bureau of criminal 527
identification and investigation shall conduct a criminal records 528
check in the manner described in division (B) of this section to 529
determine whether any information exists that indicates that the 530
person who is the subject of the request previously has been 531
convicted of or pleaded guilty or no contest to any offense under 532
any existing or former law of this state, any other state, or the 533
United States that is a disqualifying offense as defined in 534
section 3772.07 of the Revised Code or substantially equivalent to 535
such an offense.536

       (12) On receipt of a request pursuant to section 2151.33 or 537
2151.412 of the Revised Code, a completed form prescribed pursuant 538
to division (C)(1) of this section, and a set of fingerprint 539
impressions obtained in the manner described in division (C)(2) of 540
this section, the superintendent of the bureau of criminal 541
identification and investigation shall conduct a criminal records 542
check with respect to any person for whom a criminal records check 543
is required by that section. The superintendent shall conduct the 544
criminal records check in the manner described in division (B) of 545
this section to determine whether any information exists that 546
indicates that the person who is the subject of the request 547
previously has been convicted of or pleaded guilty to any of the 548
following:549

       (a) A violation of section 2903.01, 2903.02, 2903.03, 550
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 551
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 552
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 553
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 554
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 555
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 556
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 557
2925.22, 2925.23, or 3716.11 of the Revised Code;558

       (b) An existing or former law of this state, any other state, 559
or the United States that is substantially equivalent to any of 560
the offenses listed in division (A)(12)(a) of this section.561

       (B) Subject to division (F) of this section, the 562
superintendent shall conduct any criminal records check to be 563
conducted under this section as follows:564

       (1) The superintendent shall review or cause to be reviewed 565
any relevant information gathered and compiled by the bureau under 566
division (A) of section 109.57 of the Revised Code that relates to 567
the person who is the subject of the criminal records check, 568
including, if the criminal records check was requested under 569
section 113.041, 121.08, 173.27, 173.38, 1121.23, 1155.03, 570
1163.05, 1315.141, 1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 571
1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 572
3712.09, 3721.121, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012, 573
5104.013, 5164.34, 5164.341, 5164.342, 5123.081, 5123.169, or 574
5153.111 of the Revised Code, any relevant information contained 575
in records that have been sealed under section 2953.32 of the 576
Revised Code;577

       (2) If the request received by the superintendent asks for 578
information from the federal bureau of investigation, the 579
superintendent shall request from the federal bureau of 580
investigation any information it has with respect to the person 581
who is the subject of the criminal records check, including 582
fingerprint-based checks of national crime information databases 583
as described in 42 U.S.C. 671 if the request is made pursuant to 584
section 2151.86, 5104.012, or 5104.013 of the Revised Code or if 585
any other Revised Code section requires fingerprint-based checks 586
of that nature, and shall review or cause to be reviewed any 587
information the superintendent receives from that bureau. If a 588
request under section 3319.39 of the Revised Code asks only for 589
information from the federal bureau of investigation, the 590
superintendent shall not conduct the review prescribed by division 591
(B)(1) of this section.592

        (3) The superintendent or the superintendent's designee may 593
request criminal history records from other states or the federal 594
government pursuant to the national crime prevention and privacy 595
compact set forth in section 109.571 of the Revised Code.596

       (4) The superintendent shall include in the results of the 597
criminal records check a list or description of the offenses 598
listed or described in division (A)(1), (2), (3), (4), (5), (6), 599
(7), (8), (9), (10), (11), or (12) of this section, whichever 600
division requires the superintendent to conduct the criminal 601
records check. The superintendent shall exclude from the results 602
any information the dissemination of which is prohibited by 603
federal law.604

       (5) The superintendent shall send the results of the criminal 605
records check to the person to whom it is to be sent not later 606
than the following number of days after the date the 607
superintendent receives the request for the criminal records 608
check, the completed form prescribed under division (C)(1) of this 609
section, and the set of fingerprint impressions obtained in the 610
manner described in division (C)(2) of this section:611

       (a) If the superintendent is required by division (A) of this 612
section (other than division (A)(3) of this section) to conduct 613
the criminal records check, thirty;614

       (b) If the superintendent is required by division (A)(3) of 615
this section to conduct the criminal records check, sixty.616

       (C)(1) The superintendent shall prescribe a form to obtain 617
the information necessary to conduct a criminal records check from 618
any person for whom a criminal records check is to be conducted 619
under this section. The form that the superintendent prescribes 620
pursuant to this division may be in a tangible format, in an 621
electronic format, or in both tangible and electronic formats.622

       (2) The superintendent shall prescribe standard impression 623
sheets to obtain the fingerprint impressions of any person for 624
whom a criminal records check is to be conducted under this 625
section. Any person for whom a records check is to be conducted 626
under this section shall obtain the fingerprint impressions at a 627
county sheriff's office, municipal police department, or any other 628
entity with the ability to make fingerprint impressions on the 629
standard impression sheets prescribed by the superintendent. The 630
office, department, or entity may charge the person a reasonable 631
fee for making the impressions. The standard impression sheets the 632
superintendent prescribes pursuant to this division may be in a 633
tangible format, in an electronic format, or in both tangible and 634
electronic formats.635

       (3) Subject to division (D) of this section, the 636
superintendent shall prescribe and charge a reasonable fee for 637
providing a criminal records check under this section. The person 638
requesting the criminal records check shall pay the fee prescribed 639
pursuant to this division. In the case of a request under section 640
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33, 641
2151.412, or 5164.34 of the Revised Code, the fee shall be paid in 642
the manner specified in that section.643

       (4) The superintendent of the bureau of criminal 644
identification and investigation may prescribe methods of 645
forwarding fingerprint impressions and information necessary to 646
conduct a criminal records check, which methods shall include, but 647
not be limited to, an electronic method.648

       (D) The results of a criminal records check conducted under 649
this section, other than a criminal records check specified in 650
division (A)(7) of this section, are valid for the person who is 651
the subject of the criminal records check for a period of one year 652
from the date upon which the superintendent completes the criminal 653
records check. If during that period the superintendent receives 654
another request for a criminal records check to be conducted under 655
this section for that person, the superintendent shall provide the 656
results from the previous criminal records check of the person at 657
a lower fee than the fee prescribed for the initial criminal 658
records check.659

       (E) When the superintendent receives a request for 660
information from a registered private provider, the superintendent 661
shall proceed as if the request was received from a school 662
district board of education under section 3319.39 of the Revised 663
Code. The superintendent shall apply division (A)(1)(c) of this 664
section to any such request for an applicant who is a teacher.665

       (F)(1) All information regarding the results of a criminal 666
records check conducted under this section that the superintendent 667
reports or sends under division (A)(7) or (9) of this section to 668
the director of public safety, the treasurer of state, or the 669
person, board, or entity that made the request for the criminal 670
records check shall relate to the conviction of the subject 671
person, or the subject person's plea of guilty to, a criminal 672
offense.673

       (2) Division (F)(1) of this section does not limit, restrict, 674
or preclude the superintendent's release of information that 675
relates to an adjudication of a child as a delinquent child, or 676
that relates to a criminal conviction of a person under eighteen 677
years of age if the person's case was transferred back to a 678
juvenile court under division (B)(2) or (3) of section 2152.121 of 679
the Revised Code and the juvenile court imposed a disposition or 680
serious youthful offender disposition upon the person under either 681
division, if either of the following applies with respect to the 682
adjudication or conviction:683

       (a) The adjudication or conviction was for a violation of 684
section 2903.01 or 2903.02 of the Revised Code.685

       (b) The adjudication or conviction was for a sexually 686
oriented offense, as defined in section 2950.01 of the Revised 687
Code, the juvenile court was required to classify the child a 688
juvenile offender registrant for that offense under section 689
2152.82, 2152.83, or 2152.86 of the Revised Code, and that 690
classification has not been removed.691

       (G) As used in this section:692

       (1) "Criminal records check" means any criminal records check 693
conducted by the superintendent of the bureau of criminal 694
identification and investigation in accordance with division (B) 695
of this section.696

       (2) "Minor drug possession offense" has the same meaning as 697
in section 2925.01 of the Revised Code.698

       (3) "OVI or OVUAC violation" means a violation of section 699
4511.19 of the Revised Code or a violation of an existing or 700
former law of this state, any other state, or the United States 701
that is substantially equivalent to section 4511.19 of the Revised 702
Code.703

       (4) "Registered private provider" means a nonpublic school or 704
entity registered with the superintendent of public instruction 705
under section 3310.41 of the Revised Code to participate in the 706
autism scholarship program or section 3310.58 of the Revised Code 707
to participate in the Jon Peterson special needs scholarship 708
program.709

       Sec. 109.5721. (A) As used in this section:710

       (1) "Employment" includes volunteer service.711

       (2) "Licensure" means the authorization, evidenced by a 712
license, certificate, registration, permit, or other authority 713
that is issued or conferred by a public office, to engage in a 714
profession, occupation, or occupational activity, to be a foster 715
caregiver, or to have control of and operate certain specific 716
equipment, machinery, or premises over which a public office has 717
jurisdiction.718

       (3) "Participating public office" means a public office that 719
requires a fingerprint background check as a condition of 720
employment with, licensure by, or approval for adoption by the 721
public office and that elects to receive notice under division (C) 722
of this section in accordance with rules adopted by the attorney 723
general.724

       (4) "Public office" has the same meaning as in section 117.01 725
of the Revised Code.726

       (5) "Participating private party" means any person or private 727
entity that is allowed to request a criminal records check 728
pursuant to divisions (A)(2) or (3) of section 109.572 of the 729
Revised Code.730

       (B) Within six months after August 15, 2007, the 731
superintendent of the bureau of criminal identification and 732
investigation shall establish and maintain a database of 733
fingerprints of individuals on whom the bureau has conducted 734
criminal records checks for the purpose of determining eligibility 735
for employment with, licensure by, or approval for adoption by a 736
public office or participating private party. The superintendent 737
shall maintain the database separate and apart from other records 738
maintained by the bureau. The database shall be known as the 739
retained applicant fingerprint database.740

       (C) When the superintendent receives information that an 741
individual whose name is in the retained applicant fingerprint 742
database has been arrested for, convicted of, or pleaded guilty to 743
any offense, the superintendent shall promptly notify any 744
participating public office or participating private party that 745
employs, licensed, or approved the individual of the arrest, 746
conviction, or guilty plea. The public office or participating 747
private party that receives the notification and its employees and 748
officers shall use the information contained in the notification 749
solely to determine the individual's eligibility for continued 750
employment with the public office or participating private party, 751
to retain licensure issued by the public office, or to be approved 752
for adoption by the public office. The public office or 753
participating private party and its employees and officers shall 754
not disclose that information to any person for any other purpose.755

       (D) If an individual has submitted fingerprint impressions 756
for employment with, licensure by, or approval for adoption by a 757
participating public office or participating private party and 758
seeks employment with, licensure by, or approval for adoption by 759
another participating public office or participating private 760
party, the other public office or participating private party761
shall reprint the individual. If an individual has been reprinted, 762
the superintendent shall update that individual's information 763
accordingly.764

       (E) The bureau of criminal identification and investigation 765
and the participating public office or participating private party766
shall use information contained in the retained applicant 767
fingerprint database and in the notice described in division (C) 768
of this section for the purpose of employment with, licensure by, 769
or approval for adoption by the participating public office or 770
participating private party. This information is otherwise 771
confidential and not a public record under section 149.43 of the 772
Revised Code.773

       (F) The attorney general shall adopt rules in accordance with 774
Chapter 119. of the Revised Code governing the operation and 775
maintenance of the database. The rules shall provide for, but not 776
be limited to, both of the following:777

       (1) The expungement or sealing of records of individuals who 778
are deceased or who are no longer employed, granted licensure, or 779
approved for adoption by the public office or participating 780
private party that required submission of the individual's 781
fingerprints;782

       (2) The terms under which a public office or participating 783
private party may elect to receive notification under division (C) 784
of this section, including payment of any reasonable fee that may 785
be charged for the purpose.786

       (G) No public office or employee of a public office shall be 787
considered negligent in a civil action solely because the public 788
office did not elect to be a participating public office.789

       (H)(1) No person shall knowingly use information contained in 790
or received from the retained applicant fingerprint database for 791
purposes not authorized by this section.792

       (2) No person shall knowingly use information contained in or 793
received from the retained applicant fingerprint database with the 794
intent to harass or intimidate another person.795

       (3) Whoever violates division (H)(1) or (H)(2) of this 796
section is guilty of unlawful use of retained applicant 797
fingerprint database records. A violation of division (H)(1) of 798
this section is a misdemeanor of the fourth degree. A violation of 799
division (H)(2) of this section is a misdemeanor of the first 800
degree.801

       Sec. 111.15.  (A) As used in this section:802

       (1) "Rule" includes any rule, regulation, bylaw, or standard 803
having a general and uniform operation adopted by an agency under 804
the authority of the laws governing the agency; any appendix to a 805
rule; and any internal management rule. "Rule" does not include 806
any guideline adopted pursuant to section 3301.0714 of the Revised 807
Code, any order respecting the duties of employees, any finding, 808
any determination of a question of law or fact in a matter 809
presented to an agency, or any rule promulgated pursuant to 810
Chapter 119., section 4141.14, division (C)(1) or (2) of section 811
5117.02, or section 5703.14 of the Revised Code. "Rule" includes 812
any amendment or rescission of a rule.813

       (2) "Agency" means any governmental entity of the state and 814
includes, but is not limited to, any board, department, division, 815
commission, bureau, society, council, institution, state college 816
or university, community college district, technical college 817
district, or state community college. "Agency" does not include 818
the general assembly, the controlling board, the adjutant 819
general's department, or any court.820

       (3) "Internal management rule" means any rule, regulation, 821
bylaw, or standard governing the day-to-day staff procedures and 822
operations within an agency.823

       (4) "Substantive revision" has the same meaning as in 824
division (J) of section 119.01 of the Revised Code.825

       (B)(1) Any rule, other than a rule of an emergency nature, 826
adopted by any agency pursuant to this section shall be effective 827
on the tenth day after the day on which the rule in final form and 828
in compliance with division (B)(3) of this section is filed as 829
follows:830

       (a) The rule shall be filed in electronic form with both the 831
secretary of state and the director of the legislative service 832
commission;833

       (b) The rule shall be filed in electronic form with the joint 834
committee on agency rule review. Division (B)(1)(b) of this 835
section does not apply to any rule to which division (D) of this 836
section does not apply.837

       An agency that adopts or amends a rule that is subject to 838
division (D) of this section shall assign a review date to the 839
rule that is not later than five years after its effective date. 840
If no review date is assigned to a rule, or if a review date 841
assigned to a rule exceeds the five-year maximum, the review date 842
for the rule is five years after its effective date. A rule with a 843
review date is subject to review under section 119.032 of the 844
Revised Code. This paragraph does not apply to a rule of a state 845
college or university, community college district, technical 846
college district, or state community college.847

       If all filings are not completed on the same day, the rule 848
shall be effective on the tenth day after the day on which the 849
latest filing is completed. If an agency in adopting a rule 850
designates an effective date that is later than the effective date 851
provided for by division (B)(1) of this section, the rule if filed 852
as required by such division shall become effective on the later 853
date designated by the agency.854

       Any rule that is required to be filed under division (B)(1) 855
of this section is also subject to division (D) of this section if 856
not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), or 857
(8) of this section.858

       If a rule incorporates a text or other material by reference, 859
the agency shall comply with sections 121.71 to 121.76 of the 860
Revised Code.861

       (2) A rule of an emergency nature necessary for the immediate 862
preservation of the public peace, health, or safety shall state 863
the reasons for the necessity. The emergency rule, in final form 864
and in compliance with division (B)(3) of this section, shall be 865
filed in electronic form with the secretary of state, the director 866
of the legislative service commission, and the joint committee on 867
agency rule review. The emergency rule is effective immediately 868
upon completion of the latest filing, except that if the agency in 869
adopting the emergency rule designates an effective date, or date 870
and time of day, that is later than the effective date and time 871
provided for by division (B)(2) of this section, the emergency 872
rule if filed as required by such division shall become effective 873
at the later date, or later date and time of day, designated by 874
the agency.875

       An emergency rule becomes invalid at the end of the ninetieth876
one hundred twentieth day it is in effect. Prior to that date, the 877
agency may file the emergency rule as a nonemergency rule in 878
compliance with division (B)(1) of this section. The agency may 879
not refile the emergency rule in compliance with division (B)(2) 880
of this section so that, upon the emergency rule becoming invalid 881
under such division, the emergency rule will continue in effect 882
without interruption for another ninety-dayone hundred twenty-day883
period.884

       (3) An agency shall file a rule under division (B)(1) or (2) 885
of this section in compliance with the following standards and 886
procedures:887

       (a) The rule shall be numbered in accordance with the 888
numbering system devised by the director for the Ohio 889
administrative code.890

       (b) The rule shall be prepared and submitted in compliance 891
with the rules of the legislative service commission.892

       (c) The rule shall clearly state the date on which it is to 893
be effective and the date on which it will expire, if known.894

       (d) Each rule that amends or rescinds another rule shall 895
clearly refer to the rule that is amended or rescinded. Each 896
amendment shall fully restate the rule as amended.897

       If the director of the legislative service commission or the 898
director's designee gives an agency notice pursuant to section 899
103.05 of the Revised Code that a rule filed by the agency is not 900
in compliance with the rules of the legislative service 901
commission, the agency shall within thirty days after receipt of 902
the notice conform the rule to the rules of the commission as 903
directed in the notice.904

       (C) All rules filed pursuant to divisions (B)(1)(a) and (2) 905
of this section shall be recorded by the secretary of state and 906
the director under the title of the agency adopting the rule and 907
shall be numbered according to the numbering system devised by the 908
director. The secretary of state and the director shall preserve 909
the rules in an accessible manner. Each such rule shall be a 910
public record open to public inspection and may be transmitted to 911
any law publishing company that wishes to reproduce it.912

       (D) At least sixty-five days before a board, commission, 913
department, division, or bureau of the government of the state 914
files a rule under division (B)(1) of this section, it shall file 915
the full text of the proposed rule in electronic form with the 916
joint committee on agency rule review, and the proposed rule is 917
subject to legislative review and invalidation under division (I) 918
of section 119.03 of the Revised Code. If a state board, 919
commission, department, division, or bureau makes a substantive 920
revision in a proposed rule after it is filed with the joint 921
committee, the state board, commission, department, division, or 922
bureau shall promptly file the full text of the proposed rule in 923
its revised form in electronic form with the joint committee. The 924
latest version of a proposed rule as filed with the joint 925
committee supersedes each earlier version of the text of the same 926
proposed rule. A state board, commission, department, division, or 927
bureau shall also file the rule summary and fiscal analysis 928
prepared under section 127.18 of the Revised Code in electronic 929
form along with a proposed rule, and along with a proposed rule in 930
revised form, that is filed under this division. If a proposed 931
rule has an adverse impact on businesses, the state board, 932
commission, department, division, or bureau also shall file the 933
business impact analysis, any recommendations received from the 934
common sense initiative office, and the associated memorandum of 935
response, if any, in electronic form along with the proposed rule, 936
or the proposed rule in revised form, that is filed under this 937
division.938

       As used in this division, "commission" includes the public 939
utilities commission when adopting rules under a federal or state 940
statute.941

       This division does not apply to any of the following:942

       (1) A proposed rule of an emergency nature;943

       (2) A rule proposed under section 1121.05, 1121.06, 1155.18, 944
1163.22, 1349.33, 1707.201, 1733.412, 4123.29, 4123.34, 4123.341, 945
4123.342, 4123.40, 4123.411, 4123.44, or 4123.442 of the Revised 946
Code;947

       (3) A rule proposed by an agency other than a board, 948
commission, department, division, or bureau of the government of 949
the state;950

       (4) A proposed internal management rule of a board, 951
commission, department, division, or bureau of the government of 952
the state;953

       (5) Any proposed rule that must be adopted verbatim by an 954
agency pursuant to federal law or rule, to become effective within 955
sixty days of adoption, in order to continue the operation of a 956
federally reimbursed program in this state, so long as the 957
proposed rule contains both of the following:958

       (a) A statement that it is proposed for the purpose of 959
complying with a federal law or rule;960

       (b) A citation to the federal law or rule that requires 961
verbatim compliance.962

       (6) An initial rule proposed by the director of health to 963
impose safety standards and quality-of-care standards with respect 964
to a health service specified in section 3702.11 of the Revised 965
Code, or an initial rule proposed by the director to impose 966
quality standards on a facility listed in division (A)(4) of 967
section 3702.30 of the Revised Code, if section 3702.12 of the 968
Revised Code requires that the rule be adopted under this section;969

       (7) A rule of the state lottery commission pertaining to 970
instant game rules.971

       If a rule is exempt from legislative review under division 972
(D)(5) of this section, and if the federal law or rule pursuant to 973
which the rule was adopted expires, is repealed or rescinded, or 974
otherwise terminates, the rule is thereafter subject to 975
legislative review under division (D) of this section.976

       (E) Whenever a state board, commission, department, division, 977
or bureau files a proposed rule or a proposed rule in revised form 978
under division (D) of this section, it shall also file the full 979
text of the same proposed rule or proposed rule in revised form in 980
electronic form with the secretary of state and the director of 981
the legislative service commission. A state board, commission, 982
department, division, or bureau shall file the rule summary and 983
fiscal analysis prepared under section 127.18 of the Revised Code 984
in electronic form along with a proposed rule or proposed rule in 985
revised form that is filed with the secretary of state or the 986
director of the legislative service commission.987

       Sec. 119.03.  In the adoption, amendment, or rescission of 988
any rule, an agency shall comply with the following procedure:989

       (A) Reasonable public notice shall be given in the register 990
of Ohio at least thirty days prior to the date set for a hearing, 991
in the form the agency determines. The agency shall file copies of 992
the public notice under division (B) of this section. (The agency 993
gives public notice in the register of Ohio when the public notice 994
is published in the register under that division.)995

       The public notice shall include:996

       (1) A statement of the agency's intention to consider 997
adopting, amending, or rescinding a rule;998

       (2) A synopsis of the proposed rule, amendment, or rule to be 999
rescinded or a general statement of the subject matter to which 1000
the proposed rule, amendment, or rescission relates;1001

       (3) A statement of the reason or purpose for adopting, 1002
amending, or rescinding the rule;1003

       (4) The date, time, and place of a hearing on the proposed 1004
action, which shall be not earlier than the thirty-first nor later 1005
than the fortieth day after the proposed rule, amendment, or 1006
rescission is filed under division (B) of this section.1007

       In addition to public notice given in the register of Ohio, 1008
the agency may give whatever other notice it reasonably considers 1009
necessary to ensure notice constructively is given to all persons 1010
who are subject to or affected by the proposed rule, amendment, or 1011
rescission.1012

       The agency shall provide a copy of the public notice required 1013
under division (A) of this section to any person who requests it 1014
and pays a reasonable fee, not to exceed the cost of copying and 1015
mailing.1016

       (B) The full text of the proposed rule, amendment, or rule to 1017
be rescinded, accompanied by the public notice required under 1018
division (A) of this section, shall be filed in electronic form 1019
with the secretary of state and with the director of the 1020
legislative service commission. (If in compliance with this 1021
division an agency files more than one proposed rule, amendment, 1022
or rescission at the same time, and has prepared a public notice 1023
under division (A) of this section that applies to more than one 1024
of the proposed rules, amendments, or rescissions, the agency 1025
shall file only one notice with the secretary of state and with 1026
the director for all of the proposed rules, amendments, or 1027
rescissions to which the notice applies.) The proposed rule, 1028
amendment, or rescission and public notice shall be filed as 1029
required by this division at least sixty-five days prior to the 1030
date on which the agency, in accordance with division (D) of this 1031
section, issues an order adopting the proposed rule, amendment, or 1032
rescission.1033

       If the proposed rule, amendment, or rescission incorporates a 1034
text or other material by reference, the agency shall comply with 1035
sections 121.71 to 121.76 of the Revised Code.1036

       The proposed rule, amendment, or rescission shall be 1037
available for at least thirty days prior to the date of the 1038
hearing at the office of the agency in printed or other legible 1039
form without charge to any person affected by the proposal. 1040
Failure to furnish such text to any person requesting it shall not 1041
invalidate any action of the agency in connection therewith.1042

       If the agency files a substantive revision in the text of the 1043
proposed rule, amendment, or rescission under division (H) of this 1044
section, it shall also promptly file the full text of the proposed 1045
rule, amendment, or rescission in its revised form in electronic 1046
form with the secretary of state and with the director of the 1047
legislative service commission.1048

       The agency shall file the rule summary and fiscal analysis 1049
prepared under section 127.18 of the Revised Code in electronic 1050
form along with a proposed rule, amendment, or rescission or 1051
proposed rule, amendment, or rescission in revised form that is 1052
filed with the secretary of state or the director of the 1053
legislative service commission.1054

       The director of the legislative service commission shall 1055
publish in the register of Ohio the full text of the original and 1056
each revised version of a proposed rule, amendment, or rescission; 1057
the full text of a public notice; and the full text of a rule 1058
summary and fiscal analysis that is filed with the director under 1059
this division.1060

       (C) On the date and at the time and place designated in the 1061
notice, the agency shall conduct a public hearing at which any 1062
person affected by the proposed action of the agency may appear 1063
and be heard in person, by the person's attorney, or both, may 1064
present the person's position, arguments, or contentions, orally 1065
or in writing, offer and examine witnesses, and present evidence 1066
tending to show that the proposed rule, amendment, or rescission, 1067
if adopted or effectuated, will be unreasonable or unlawful. An 1068
agency may permit persons affected by the proposed rule, 1069
amendment, or rescission to present their positions, arguments, or 1070
contentions in writing, not only at the hearing, but also for a 1071
reasonable period before, after, or both before and after the 1072
hearing. A person who presents a position or arguments or 1073
contentions in writing before or after the hearing is not required 1074
to appear at the hearing.1075

       At the hearing, the testimony shall be recorded. Such record 1076
shall be made at the expense of the agency. The agency is required 1077
to transcribe a record that is not sight readable only if a person 1078
requests transcription of all or part of the record and agrees to 1079
reimburse the agency for the costs of the transcription. An agency 1080
may require the person to pay in advance all or part of the cost 1081
of the transcription.1082

       In any hearing under this section the agency may administer 1083
oaths or affirmations.1084

       (D) After complying with divisions (A), (B), (C), and (H) of 1085
this section, and when the time for legislative review and 1086
invalidation under division (I) of this section has expired, the 1087
agency may issue an order adopting the proposed rule or the 1088
proposed amendment or rescission of the rule, consistent with the 1089
synopsis or general statement included in the public notice. At 1090
that time the agency shall designate the effective date of the 1091
rule, amendment, or rescission, which shall not be earlier than 1092
the tenth day after the rule, amendment, or rescission has been 1093
filed in its final form as provided in section 119.04 of the 1094
Revised Code.1095

       (E) Prior to the effective date of a rule, amendment, or 1096
rescission, the agency shall make a reasonable effort to inform 1097
those affected by the rule, amendment, or rescission and to have 1098
available for distribution to those requesting it the full text of 1099
the rule as adopted or as amended.1100

       (F) If the governor, upon the request of an agency, 1101
determines that an emergency requires the immediate adoption, 1102
amendment, or rescission of a rule, the governor shall issue an 1103
order, the text of which shall be filed in electronic form with 1104
the agency, the secretary of state, the director of the 1105
legislative service commission, and the joint committee on agency 1106
rule review, that the procedure prescribed by this section with 1107
respect to the adoption, amendment, or rescission of a specified 1108
rule is suspended. The agency may then adopt immediately the 1109
emergency rule, amendment, or rescission and it becomes effective 1110
on the date the rule, amendment, or rescission, in final form and 1111
in compliance with division (A)(2) of section 119.04 of the 1112
Revised Code, is filed in electronic form with the secretary of 1113
state, the director of the legislative service commission, and the 1114
joint committee on agency rule review. If all filings are not 1115
completed on the same day, the emergency rule, amendment, or 1116
rescission shall be effective on the day on which the latest 1117
filing is completed. The director shall publish the full text of 1118
the emergency rule, amendment, or rescission in the register of 1119
Ohio.1120

       The emergency rule, amendment, or rescission shall become 1121
invalid at the end of the ninetiethone hundred twentieth day it 1122
is in effect. Prior to that date the agency may adopt the 1123
emergency rule, amendment, or rescission as a nonemergency rule, 1124
amendment, or rescission by complying with the procedure 1125
prescribed by this section for the adoption, amendment, and 1126
rescission of nonemergency rules. The agency shall not use the 1127
procedure of this division to readopt the emergency rule, 1128
amendment, or rescission so that, upon the emergency rule, 1129
amendment, or rescission becoming invalid under this division, the 1130
emergency rule, amendment, or rescission will continue in effect 1131
without interruption for another ninety-dayone hundred twenty-day1132
period, except when division (I)(2)(a) of this section prevents 1133
the agency from adopting the emergency rule, amendment, or 1134
rescission as a nonemergency rule, amendment, or rescission within 1135
the ninety-dayone hundred twenty-day period.1136

       This division does not apply to the adoption of any emergency 1137
rule, amendment, or rescission by the tax commissioner under 1138
division (C)(2) of section 5117.02 of the Revised Code.1139

       (G) Rules adopted by an authority within the department of 1140
job and family services for the administration or enforcement of 1141
Chapter 4141. of the Revised Code or of the department of taxation 1142
shall be effective without a hearing as provided by this section 1143
if the statutes pertaining to such agency specifically give a 1144
right of appeal to the board of tax appeals or to a higher 1145
authority within the agency or to a court, and also give the 1146
appellant a right to a hearing on such appeal. This division does 1147
not apply to the adoption of any rule, amendment, or rescission by 1148
the tax commissioner under division (C)(1) or (2) of section 1149
5117.02 of the Revised Code, or deny the right to file an action 1150
for declaratory judgment as provided in Chapter 2721. of the 1151
Revised Code from the decision of the board of tax appeals or of 1152
the higher authority within such agency.1153

       (H) When any agency files a proposed rule, amendment, or 1154
rescission under division (B) of this section, it shall also file 1155
in electronic form with the joint committee on agency rule review 1156
the full text of the proposed rule, amendment, or rule to be 1157
rescinded in the same form and the public notice required under 1158
division (A) of this section. (If in compliance with this division 1159
an agency files more than one proposed rule, amendment, or 1160
rescission at the same time, and has given a public notice under 1161
division (A) of this section that applies to more than one of the 1162
proposed rules, amendments, or rescissions, the agency shall file 1163
only one notice with the joint committee for all of the proposed 1164
rules, amendments, or rescissions to which the notice applies.) If 1165
the agency makes a substantive revision in a proposed rule, 1166
amendment, or rescission after it is filed with the joint 1167
committee, the agency shall promptly file the full text of the 1168
proposed rule, amendment, or rescission in its revised form in 1169
electronic form with the joint committee. The latest version of a 1170
proposed rule, amendment, or rescission as filed with the joint 1171
committee supersedes each earlier version of the text of the same 1172
proposed rule, amendment, or rescission. An agency shall file the 1173
rule summary and fiscal analysis prepared under section 127.18 of 1174
the Revised Code in electronic form along with a proposed rule, 1175
amendment, or rescission, and along with a proposed rule, 1176
amendment, or rescission in revised form, that is filed under this 1177
division. If a proposed rule, amendment, or rescission has an 1178
adverse impact on businesses, the agency also shall file the 1179
business impact analysis, any recommendations received from the 1180
common sense initiative office, and the agency's memorandum of 1181
response, if any, in electronic form along with the proposed rule, 1182
amendment, or rescission, or along with the proposed rule, 1183
amendment, or rescission in revised form, that is filed under this 1184
division.1185

       This division does not apply to:1186

       (1) An emergency rule, amendment, or rescission;1187

       (2) Any proposed rule, amendment, or rescission that must be 1188
adopted verbatim by an agency pursuant to federal law or rule, to 1189
become effective within sixty days of adoption, in order to 1190
continue the operation of a federally reimbursed program in this 1191
state, so long as the proposed rule contains both of the 1192
following:1193

       (a) A statement that it is proposed for the purpose of 1194
complying with a federal law or rule;1195

       (b) A citation to the federal law or rule that requires 1196
verbatim compliance.1197

       If a rule or amendment is exempt from legislative review 1198
under division (H)(2) of this section, and if the federal law or 1199
rule pursuant to which the rule or amendment was adopted expires, 1200
is repealed or rescinded, or otherwise terminates, the rule or 1201
amendment, or its rescission, is thereafter subject to legislative 1202
review under division (H) of this section.1203

       (I)(1) The joint committee on agency rule review may 1204
recommend the adoption of a concurrent resolution invalidating a 1205
proposed rule, amendment, rescission, or part thereof if it finds 1206
any of the following:1207

       (a) That the rule-making agency has exceeded the scope of its 1208
statutory authority in proposing the rule, amendment, or 1209
rescission;1210

       (b) That the proposed rule, amendment, or rescission 1211
conflicts with another rule, amendment, or rescission adopted by 1212
the same or a different rule-making agency;1213

       (c) That the proposed rule, amendment, or rescission 1214
conflicts with the legislative intent in enacting the statute 1215
under which the rule-making agency proposed the rule, amendment, 1216
or rescission;1217

       (d) That the rule-making agency has failed to prepare a 1218
complete and accurate rule summary and fiscal analysis of the 1219
proposed rule, amendment, or rescission as required by section 1220
127.18 of the Revised Code;1221

       (e) That the proposed rule, amendment, or rescission 1222
incorporates a text or other material by reference and either the 1223
rule-making agency has failed to file the text or other material 1224
incorporated by reference as required by section 121.73 of the 1225
Revised Code or, in the case of a proposed rule or amendment, the 1226
incorporation by reference fails to meet the standards stated in 1227
section 121.72, 121.75, or 121.76 of the Revised Code;1228

       (f) That the rule-making agency has failed to demonstrate 1229
through the business impact analysis, recommendations from the 1230
common sense initiative office, and the memorandum of response the 1231
agency has filed under division (H) of this section that the 1232
regulatory intent of the proposed rule, amendment, or rescission 1233
justifies its adverse impact on businesses in this state.1234

       The joint committee shall not hold its public hearing on a 1235
proposed rule, amendment, or rescission earlier than the 1236
forty-first day after the original version of the proposed rule, 1237
amendment, or rescission was filed with the joint committee.1238

       The house of representatives and senate may adopt a 1239
concurrent resolution invalidating a proposed rule, amendment, 1240
rescission, or part thereof. The concurrent resolution shall state 1241
which of the specific rules, amendments, rescissions, or parts 1242
thereof are invalidated. A concurrent resolution invalidating a 1243
proposed rule, amendment, or rescission shall be adopted not later 1244
than the sixty-fifth day after the original version of the text of 1245
the proposed rule, amendment, or rescission is filed with the 1246
joint committee, except that if more than thirty-five days after 1247
the original version is filed the rule-making agency either files 1248
a revised version of the text of the proposed rule, amendment, or 1249
rescission, or revises the rule summary and fiscal analysis in 1250
accordance with division (I)(4) of this section, a concurrent 1251
resolution invalidating the proposed rule, amendment, or 1252
rescission shall be adopted not later than the thirtieth day after 1253
the revised version of the proposed rule or rule summary and 1254
fiscal analysis is filed. If, after the joint committee on agency 1255
rule review recommends the adoption of a concurrent resolution 1256
invalidating a proposed rule, amendment, rescission, or part 1257
thereof, the house of representatives or senate does not, within 1258
the time remaining for adoption of the concurrent resolution, hold 1259
five floor sessions at which its journal records a roll call vote 1260
disclosing a sufficient number of members in attendance to pass a 1261
bill, the time within which that house may adopt the concurrent 1262
resolution is extended until it has held five such floor sessions.1263

       Within five days after the adoption of a concurrent 1264
resolution invalidating a proposed rule, amendment, rescission, or 1265
part thereof, the clerk of the senate shall send the rule-making 1266
agency, the secretary of state, and the director of the 1267
legislative service commission in electronic form a certified text 1268
of the resolution together with a certification stating the date 1269
on which the resolution takes effect. The secretary of state and 1270
the director of the legislative service commission shall each note 1271
the invalidity of the proposed rule, amendment, rescission, or 1272
part thereof, and shall each remove the invalid proposed rule, 1273
amendment, rescission, or part thereof from the file of proposed 1274
rules. The rule-making agency shall not proceed to adopt in 1275
accordance with division (D) of this section, or to file in 1276
accordance with division (B)(1) of section 111.15 of the Revised 1277
Code, any version of a proposed rule, amendment, rescission, or 1278
part thereof that has been invalidated by concurrent resolution.1279

       Unless the house of representatives and senate adopt a 1280
concurrent resolution invalidating a proposed rule, amendment, 1281
rescission, or part thereof within the time specified by this 1282
division, the rule-making agency may proceed to adopt in 1283
accordance with division (D) of this section, or to file in 1284
accordance with division (B)(1) of section 111.15 of the Revised 1285
Code, the latest version of the proposed rule, amendment, or 1286
rescission as filed with the joint committee. If by concurrent 1287
resolution certain of the rules, amendments, rescissions, or parts 1288
thereof are specifically invalidated, the rule-making agency may 1289
proceed to adopt, in accordance with division (D) of this section, 1290
or to file in accordance with division (B)(1) of section 111.15 of 1291
the Revised Code, the latest version of the proposed rules, 1292
amendments, rescissions, or parts thereof as filed with the joint 1293
committee that are not specifically invalidated. The rule-making 1294
agency may not revise or amend any proposed rule, amendment, 1295
rescission, or part thereof that has not been invalidated except 1296
as provided in this chapter or in section 111.15 of the Revised 1297
Code.1298

       (2)(a) A proposed rule, amendment, or rescission that is 1299
filed with the joint committee under division (H) of this section 1300
or division (D) of section 111.15 of the Revised Code shall be 1301
carried over for legislative review to the next succeeding regular 1302
session of the general assembly if the original or any revised 1303
version of the proposed rule, amendment, or rescission is filed 1304
with the joint committee on or after the first day of December of 1305
any year.1306

       (b) The latest version of any proposed rule, amendment, or 1307
rescission that is subject to division (I)(2)(a) of this section, 1308
as filed with the joint committee, is subject to legislative 1309
review and invalidation in the next succeeding regular session of 1310
the general assembly in the same manner as if it were the original 1311
version of a proposed rule, amendment, or rescission that had been 1312
filed with the joint committee for the first time on the first day 1313
of the session. A rule-making agency shall not adopt in accordance 1314
with division (D) of this section, or file in accordance with 1315
division (B)(1) of section 111.15 of the Revised Code, any version 1316
of a proposed rule, amendment, or rescission that is subject to 1317
division (I)(2)(a) of this section until the time for legislative 1318
review and invalidation, as contemplated by division (I)(2)(b) of 1319
this section, has expired.1320

       (3) Invalidation of any version of a proposed rule, 1321
amendment, rescission, or part thereof by concurrent resolution 1322
shall prevent the rule-making agency from instituting or 1323
continuing proceedings to adopt any version of the same proposed 1324
rule, amendment, rescission, or part thereof for the duration of 1325
the general assembly that invalidated the proposed rule, 1326
amendment, rescission, or part thereof unless the same general 1327
assembly adopts a concurrent resolution permitting the rule-making 1328
agency to institute or continue such proceedings.1329

       The failure of the general assembly to invalidate a proposed 1330
rule, amendment, rescission, or part thereof under this section 1331
shall not be construed as a ratification of the lawfulness or 1332
reasonableness of the proposed rule, amendment, rescission, or any 1333
part thereof or of the validity of the procedure by which the 1334
proposed rule, amendment, rescission, or any part thereof was 1335
proposed or adopted.1336

       (4) In lieu of recommending a concurrent resolution to 1337
invalidate a proposed rule, amendment, rescission, or part thereof 1338
because the rule-making agency has failed to prepare a complete 1339
and accurate fiscal analysis, the joint committee on agency rule 1340
review may issue, on a one-time basis, for rules, amendments, 1341
rescissions, or parts thereof that have a fiscal effect on school 1342
districts, counties, townships, or municipal corporations, a 1343
finding that the rule summary and fiscal analysis is incomplete or 1344
inaccurate and order the rule-making agency to revise the rule 1345
summary and fiscal analysis and refile it with the proposed rule, 1346
amendment, rescission, or part thereof. If an emergency rule is 1347
filed as a nonemergency rule before the end of the ninetieth day 1348
of the emergency rule's effectiveness, and the joint committee 1349
issues a finding and orders the rule-making agency to refile under 1350
division (I)(4) of this section, the governor may also issue an 1351
order stating that the emergency rule shall remain in effect for 1352
an additional sixty days after the ninetiethone hundred twentieth1353
day of the emergency rule's effectiveness. The governor's orders 1354
shall be filed in accordance with division (F) of this section. 1355
The joint committee shall send in electronic form to the 1356
rule-making agency, the secretary of state, and the director of 1357
the legislative service commission a certified text of the finding 1358
and order to revise the rule summary and fiscal analysis, which 1359
shall take immediate effect.1360

       An order issued under division (I)(4) of this section shall 1361
prevent the rule-making agency from instituting or continuing 1362
proceedings to adopt any version of the proposed rule, amendment, 1363
rescission, or part thereof until the rule-making agency revises 1364
the rule summary and fiscal analysis and refiles it in electronic 1365
form with the joint committee along with the proposed rule, 1366
amendment, rescission, or part thereof. If the joint committee 1367
finds the rule summary and fiscal analysis to be complete and 1368
accurate, the joint committee shall issue a new order noting that 1369
the rule-making agency has revised and refiled a complete and 1370
accurate rule summary and fiscal analysis. The joint committee 1371
shall send in electronic form to the rule-making agency, the 1372
secretary of state, and the director of the legislative service 1373
commission a certified text of this new order. The secretary of 1374
state and the director of the legislative service commission shall 1375
each link this order to the proposed rule, amendment, rescission, 1376
or part thereof. The rule-making agency may then proceed to adopt 1377
in accordance with division (D) of this section, or to file in 1378
accordance with division (B)(1) of section 111.15 of the Revised 1379
Code, the proposed rule, amendment, rescission, or part thereof 1380
that was subject to the finding and order under division (I)(4) of 1381
this section. If the joint committee determines that the revised 1382
rule summary and fiscal analysis is still inaccurate or 1383
incomplete, the joint committee shall recommend the adoption of a 1384
concurrent resolution in accordance with division (I)(1) of this 1385
section.1386

       Sec. 122.121.  (A) If a local organizing committee, endorsing 1387
municipality, or endorsing county enters into a joinder 1388
undertaking with a site selection organization, the local 1389
organizing committee, endorsing municipality, or endorsing county 1390
may apply to the director of development services, on a form and 1391
in the manner prescribed by the director, for a grant based on the 1392
projected incremental increase in the receipts from the tax 1393
imposed under section 5739.02 of the Revised Code within the 1394
market area designated under division (C) of this section, for the 1395
two-week period that ends at the end of the day after the date on 1396
which a game will be held, that is directly attributable, as 1397
determined by the director, to the preparation for and 1398
presentation of the game. The director shall determine the 1399
projected incremental increase in the tax imposed under section 1400
5739.02 of the Revised Code by using a formula approved by the 1401
destination marketing association international for event impact 1402
or another formula of similar purpose approved by the director. 1403
The local organizing committee, endorsing municipality, or 1404
endorsing county is eligible to receive a grant under this section 1405
only if the projected incremental increase in receipts from the 1406
tax imposed under section 5739.02 of the Revised Code, as 1407
determined by the director, exceeds two hundred fifty thousand 1408
dollars. The amount of the grant shall be not less than fifty per 1409
cent of the projected incremental increase in receipts, as 1410
determined by the director, but shall not exceed five hundred 1411
thousand dollars. The director shall not issue grants with a total 1412
value of more than one million dollars in any fiscal year, and 1413
shall not issue any grant before July 1, 2013.1414

       (B) If the director of development services approves an 1415
application for a local organizing committee, endorsing 1416
municipality, or endorsing county and that local organizing 1417
committee, endorsing municipality, or endorsing county enters into 1418
a joinder agreement with a site selection organization, the local 1419
organizing committee, endorsing municipality, or endorsing county 1420
shall file a copy of the joinder agreement with the director of 1421
development, who immediately shall notify the director of budget 1422
and management of the filing. Within thirty days after receiving 1423
the notice, the director of budget and management shall establish 1424
a schedule to disburse from the general revenue fund to such local 1425
organizing committee, endorsing municipality, or endorsing county 1426
payments that total the amount certified by the director of 1427
development under division (A) of this section, but in no event 1428
shall the total amount disbursed exceed five hundred thousand 1429
dollars, and no disbursement shall be made before July 1, 2013. 1430
The paymentsgrant shall be used exclusively by the local 1431
organizing committee, endorsing municipality, or endorsing county 1432
to fulfill a portion of its obligations to a site selection 1433
organization under game support contracts, which obligations may 1434
include the payment of costs relating to the preparations 1435
necessary for the conduct of the game, including acquiring, 1436
renovating, or constructing facilities; to pay the costs of 1437
conducting the game; and to assist the local organizing committee, 1438
endorsing municipality, or endorsing county in providing 1439
assurances required by a site selection organization sponsoring 1440
one or more games.1441

       (C) For the purposes of division (A) of this section, the 1442
director of development services, in consultation with the tax 1443
commissioner, shall designate the market area for a game. The 1444
market area shall consist of the combined statistical area, as 1445
defined by the United States office of management and budget, in 1446
which an endorsing municipality or endorsing county is located. 1447

       (D) A local organizing committee, endorsing municipality, or 1448
endorsing county shall provide information required by the 1449
director of development services and tax commissioner to enable 1450
the director and commissioner to fulfill their duties under this 1451
section, including annual audited statements of any financial 1452
records required by a site selection organization and data 1453
obtained by the local organizing committee, endorsing 1454
municipality, or endorsing county relating to attendance at a game 1455
and to the economic impact of the game. A local organizing 1456
committee, an endorsing municipality, or an endorsing county shall 1457
provide an annual audited financial statement if so required by 1458
the director and commissioner, not later than the end of the 1459
fourth month after the date the period covered by the financial 1460
statement ends.1461

       (E) Within thirty days after the game, the local organizing 1462
committee, endorsing municipality, or endorsing county shall 1463
report to the director of development services about the economic 1464
impact of the game. The report shall be in the form and substance 1465
required by the director, including, but not limited to, a final 1466
income statement for the event showing total revenue and 1467
expenditures and revenue and expenditures in the market area for 1468
the game, and ticket sales for the game and any related activities 1469
for which admission was charged. The director of development shall 1470
determine, based on the reported information and the exercise of 1471
reasonable judgment, the incremental increase in receipts from the 1472
tax imposed under section 5739.02 of the Revised Code directly 1473
attributable to the game. If the actual incremental increase in 1474
such receipts is less than the projected incremental increase in 1475
receipts, the director may require the local organizing committee, 1476
endorsing municipality, or endorsing county to refund to the state 1477
all or a portion of the grant.1478

       (F) No disbursement may be made under this section if the 1479
director of development services determines that it would be used 1480
for the purpose of soliciting the relocation of a professional 1481
sports franchise located in this state.1482

       (G) This section may not be construed as creating or 1483
requiring a state guarantee of obligations imposed on an endorsing 1484
municipality or endorsing county under a game support contract or 1485
any other agreement relating to hosting one or more games in this 1486
state.1487

       Sec. 122.861.  (A) As used in this section:1488

        (1) "Certified engine configuration" means a new, rebuilt, or 1489
remanufactured engine configuration that satisfies divisions 1490
(A)(1)(a) and (b) and, if applicable, division (A)(1)(c) of this 1491
section:1492

        (a) It has been certified by the administrator of the United 1493
States environmental protection agency or the California air 1494
resources board.1495

        (b) It meets or is rebuilt or remanufactured to a more 1496
stringent set of engine emission standards than when originally 1497
manufactured, as determined pursuant to Subtitle G of Title VII of 1498
the Energy Policy Act of 2005, Pub. L. No. 109-58, 119 Stat. 838, 1499
et seq.1500

        (c) In the case of a certified engine configuration involving 1501
the replacement of an existing engine, an engine configuration 1502
that replaced an engine that was removed from the vehicle and 1503
returned to the supplier for remanufacturing to a more stringent 1504
set of engine emissions standards or for scrappage.1505

        (2) "Section 793" means section 793 of the Energy Policy Act 1506
of 2005, Pub. L. No. 109-58, 119 Stat. 841, et seq.1507

        (3) "Verified technology" means a pollution control 1508
technology, including a retrofit technology, advanced truckstop 1509
electrification system, or auxiliary power unit, that has been 1510
verified by the administrator of the United States environmental 1511
protection agency or the California air resources board.1512

        (B) For the purpose of reducing emissions from diesel 1513
engines, the director of environmental protection shall administer 1514
a diesel emissions reduction grant program and a diesel emissions 1515
reduction revolving loanclean diesel school bus program. The 1516
programs shall provide for the implementation in this state of 1517
section 793 and shall otherwise be administered in compliance with 1518
the requirements of section 793, and any regulations issued 1519
pursuant to that section.1520

        The director shall apply to the administrator of the United 1521
States environmental protection agency for grant or loan funds 1522
available under section 793 to help fund the diesel emissions 1523
reduction grant program and the diesel emissions reduction 1524
revolving loanclean diesel school bus program. 1525

        (C) There is hereby created in the state treasury the diesel 1526
emissions reduction revolving loan fund consisting of money 1527
appropriated to it by the general assembly, any grants obtained 1528
from the federal government under section 793, and any other 1529
grants, gifts, or other contributions of money made to the credit 1530
of the fund. Money in the fund shall be used for the purpose of 1531
making loans for projects relating to certified engine 1532
configurations and verified technologies in a manner consistent 1533
with the requirements of section 793 and any regulations issued 1534
pursuant to that section. Interest earned from moneys in the fund 1535
shall be used to administer the diesel emissions reduction 1536
revolving loan program.1537

       Sec. 124.32.  (A) A person holding an office or position in 1538
the classified service may be transferred to a similar position in 1539
another office, department, or institution having the same pay and 1540
similar duties, but no transfer shall be made as follows:1541

       (1) From an office or position in one class to an office or 1542
position in another class;1543

       (2) To an office or position for original entrance to which 1544
there is required by sections 124.01 to 124.64 of the Revised 1545
Code, or the rules adopted pursuant to those sections, an 1546
examination involving essential tests or qualifications or 1547
carrying a salary different from or higher than those required for 1548
original entrance to an office or position held by the person 1549
proposed to be transferred.1550

       No person in the classified civil service of the state may be 1551
transferred without the consent of the director of administrative 1552
services.1553

       (B) Any person holding an office or position in the 1554
classified service who has been separated from the service without 1555
delinquency or misconduct on the person's part may be reinstated 1556
within one year from the date of that separation to a vacancy in 1557
the same office or in a similar position in the same department, 1558
except that a person in the classified service of the state only 1559
may be reinstated with the consent of the director of 1560
administrative services. But, if that separation is due to injury 1561
or physical or psychiatric disability, the person shall be 1562
reinstated in the same office held or in a similar position to 1563
that held at the time of separation, within thirtysixty days 1564
after written application for reinstatement, if the person passes 1565
a physical or psychiatric examination made by a licensed 1566
physician, a physician assistant, a clinical nurse specialist, a 1567
certified nurse practitioner, or a certified nurse-midwife showing 1568
that the person has recovered from the injury or physical or 1569
psychiatric disability, if the application for reinstatement is 1570
filed within two years from the date of separation, and if the 1571
application is not filed after the date of service eligibility 1572
retirement. The physician, physician assistant, clinical nurse 1573
specialist, certified nurse practitioner, or certified 1574
nurse-midwife shall be designated by the appointing authority and 1575
shall complete any written documentation of the physical or 1576
psychiatric examination.1577

       Sec. 125.13.  (A) As used in this section:1578

       (1) "Emergency medical service organization" has the same 1579
meaning as in section 4765.01 of the Revised Code.1580

       (2) "Private fire company" has the same meaning as in section 1581
9.60 of the Revised Code.1582

       (B) Except as otherwise provided in section 5139.03 of the 1583
Revised Code, whenever a state agency determines that it has 1584
excess or surplus supplies, it shall notify the director of 1585
administrative services. Upon request by the director and on forms 1586
provided by the director, the state agency shall furnish to the 1587
director a list of all those excess and surplus supplies and an 1588
appraisal of their value.1589

       (C) The director of administrative services shall take 1590
immediate control of a state agency's excess and surplus supplies, 1591
except for the following excess and surplus supplies:1592

       (1) Excess or surplus supplies that have a value below the 1593
minimum value that the director establishes for excess and surplus 1594
supplies under division (F) of this section;1595

       (2) Excess or surplus supplies that the director has 1596
authorized an agency to donate to a public entity, including, but 1597
not limited to, public schools and surplus computers and computer 1598
equipment transferred to a public school under division (H) of 1599
this section;1600

       (3) Excess or surplus supplies that an agency trades in as 1601
full or partial payment when purchasing a replacement item;1602

       (4) Hazardous property.1603

       (D) The director shall inventory excess and surplus supplies 1604
in the director's control and may have the supplies repaired.1605

       (E) The director may do either of the following:1606

       (1) Dispose of declared surplus or excess supplies in the 1607
director's control by sale, lease, donation, or transfer. If the 1608
director does so, the director shall dispose of those supplies in 1609
the following order of priority:1610

       (a) To state agencies;1611

       (b) To state-supported or state-assisted institutions of 1612
higher education;1613

       (c) To tax-supported agencies, municipal corporations, or 1614
other political subdivisions of this state, private fire 1615
companies, or private, nonprofit emergency medical service 1616
organizations;1617

       (d) To nonpublic elementary and secondary schools chartered 1618
by the state board of education under section 3301.16 of the 1619
Revised Code;1620

       (e) To the general public by auction, sealed bid, sale, or 1621
negotiation.1622

       (2) If the director has attempted to dispose of any declared 1623
surplus or excess motor vehicle that does not exceed four thousand 1624
five hundred dollars in value pursuant to divisions (E)(1)(a) to 1625
(c) of this section, donate the motor vehicle to a nonprofit 1626
organization exempt from federal income taxation pursuant to 26 1627
U.S.C. 501(a) and (c)(3) for the purpose of meeting the 1628
transportation needs of participants in the Ohio works first 1629
program established under Chapter 5107. of the Revised Code and 1630
participants in the prevention, retention, and contingency program 1631
established under Chapter 5108. of the Revised Code. The director 1632
may not donate a motor vehicle furnished to the state highway 1633
patrol to a nonprofit organization pursuant to this division.1634

       (F) The director may adopt rules governing the sale, lease, 1635
or transfer of surplus and excess supplies in the director's 1636
control by public auction, sealed bid, sale, or negotiation, 1637
except that no employee of the disposing agency shall be allowed 1638
to purchase, lease, or receive any such supplies. The director may 1639
dispose of declared surplus or excess supplies, including motor 1640
vehicles, in the director's control as the director determines 1641
proper if such supplies cannot be disposed of pursuant to division 1642
(E) of this section. The director shall by rule establish a 1643
minimum value for excess and surplus supplies and prescribe 1644
procedures for a state agency to follow in disposing of excess and 1645
surplus supplies in its control that have a value below the 1646
minimum value established by the director.1647

       (G) No state-supported or state-assisted institution of 1648
higher education, tax-supported agency, municipal corporation, or 1649
other political subdivision of this state, private fire company, 1650
or private, nonprofit emergency medical service organization shall 1651
sell, lease, or transfer excess or surplus supplies acquired under 1652
this section to private entities or the general public at a price 1653
greater than the price it originally paid for those supplies.1654

       (H) The director of administrative services may authorize any 1655
state agency to transfer surplus computers and computer equipment 1656
that are not needed by other state agencies directly to an 1657
accredited public school within the state. The computers and 1658
computer equipment may be repaired or refurbished prior to 1659
transfer. The state agency may charge a service fee to the public 1660
schools for the property not to exceed the direct cost of 1661
repairing or refurbishing it. The state agency shall deposit such 1662
funds into the account used for repair or refurbishment.1663

       Sec. 125.182. (A) The office of information technology, by 1664
itself or by contract with another entity, shall establish, 1665
operate, and maintain a statethe official public notice web site. 1666
In establishing, maintaining, and operating the stateofficial1667
public notice web site, the office of information technology or 1668
its contractor shall:1669

       (A)(1) Use a domain name for the web site that will be easily 1670
recognizable and remembered by and understandable to users of the 1671
web site;1672

       (B)(2) Maintain the web site on the internet so that it is 1673
fully accessible to and searchable by members of the public at all 1674
times, other than during maintenance or acts of God outside the 1675
office's or its contractor's control;1676

       (C)(3) Not charge a fee to a person whothat accesses,the 1677
web site to view notices or to perform searches, or otherwise uses1678
of the web site, provided that the office or its contractor may 1679
charge a fee for enhanced search and customized content delivery 1680
features;1681

       (D)(4) Not charge a fee to a state agency or political 1682
subdivision for publishing a notice on the web site;1683

       (E)(5) Ensure that notices displayed on the web site conform 1684
to the requirements that would apply to the notices if they were 1685
being published in a newspaper, as directed in section 7.16 of the 1686
Revised Code or in the relevant provision of the statute or rule 1687
that requires the notice;1688

       (F)(6) Ensure that notices continue to be displayed on the 1689
web site for not less than the length of time required by the 1690
relevant provision of the statute or rule that requires the 1691
notice;1692

       (G) Devise and display on the web site a form that may be 1693
downloaded and used to request publication of a notice on the web 1694
site;1695

       (H) Enable responsible parties to submit notices and requests 1696
for their publication;1697

       (I)(7) Maintain an archive of notices that no longer are 1698
displayed on the web site;1699

       (J)(8) Enable notices, both those currently displayed and 1700
those archived, to be accessed by key word, by party name, by case 1701
number, by county, and by other useful identifiers;1702

       (K)(9) Maintain adequate systemic security and backup 1703
features, and develop and maintain a contingency plan for coping 1704
with and recovering from power outages, systemic failures, and 1705
other unforeseeable difficulties;1706

       (L) Maintain the web site in such a manner that it will not 1707
infringe legally protected interests, so that vulnerability of the 1708
web site to interruption because of litigation or the threat of 1709
litigation is reduced; and1710

       (M) Submit a status report to the secretary of state twice 1711
annually that demonstrates compliance with statutory requirements 1712
governing publication of notices.1713

       The office of information technology shall bear the expense 1714
of maintaining the state public notice web site domain name(10) 1715
Provide access to the web site to the publisher of any Ohio 1716
newspaper or daily law journal that qualifies under the Revised 1717
Code to publish notices and advertisements, for the posting of 1718
notices and advertisements at no cost, or for a reasonable, 1719
uniform fee for the service; and1720

       (11) Provide, if requested, a regularly scheduled feed or 1721
similar data transfer to the department of administrative services 1722
of notices and advertisements posted on the web site, provided 1723
that the office of information technology or its contractor shall 1724
not be required to provide the feed or transfer more often than 1725
once every business day.1726

       (B) An error in a notice or advertisement posted on the 1727
official public notice web site, or a temporary web site outage or 1728
service interruption preventing the posting or display of a notice 1729
or advertisement on that web site, does not constitute a defect in 1730
making legal publication of the notice or advertisement, and 1731
publication requirements shall be considered met if the notice or 1732
advertisement published in the newspaper or daily law journal is 1733
correct.1734

       (C) The publisher of a newspaper of general circulation or of 1735
a daily law journal that maintains a web site shall include on its 1736
web site a link to the official public notice web site.1737

       Sec. 126.21.  (A) The director of budget and management shall 1738
do all of the following:1739

       (1) Keep all necessary accounting records;1740

       (2) Prescribe and maintain the accounting system of the state 1741
and establish appropriate accounting procedures and charts of 1742
accounts;1743

       (3) Establish procedures for the use of written, electronic, 1744
optical, or other communications media for approving and reviewing 1745
payment vouchers;1746

       (4) Reconcile, in the case of any variation between the 1747
amount of any appropriation and the aggregate amount of items of 1748
the appropriation, with the advice and assistance of the state 1749
agency affected by it and the legislative service commission, 1750
totals so as to correspond in the aggregate with the total 1751
appropriation. In the case of a conflict between the item and the 1752
total of which it is a part, the item shall be considered the 1753
intended appropriation.1754

       (5) Evaluate on an ongoing basis and, if necessary, recommend 1755
improvements to the internal controls used in state agencies;1756

       (6) Authorize the establishment of petty cash accounts. The 1757
director may withdraw approval for any petty cash account and 1758
require the officer in charge to return to the state treasury any 1759
unexpended balance shown by the officer's accounts to be on hand. 1760
Any officer who is issued a warrant for petty cash shall render a 1761
detailed account of the expenditures of the petty cash and shall 1762
report when requested the balance of petty cash on hand at any 1763
time.1764

       (7) Process orders, invoices, vouchers, claims, and payrolls 1765
and prepare financial reports and statements;1766

       (8) Perform extensions, reviews, and compliance checks prior 1767
to or after approving a payment as the director considers 1768
necessary;1769

       (9) Issue the official comprehensive annual financial report 1770
of the state. The report shall cover all funds of the state 1771
reporting entity and shall include basic financial statements and 1772
required supplementary information prepared in accordance with 1773
generally accepted accounting principles and other information as 1774
the director provides. All state agencies, authorities, 1775
institutions, offices, retirement systems, and other component 1776
units of the state reporting entity as determined by the director 1777
shall furnish the director whatever financial statements and other 1778
information the director requests for the report, in the form, at 1779
the times, covering the periods, and with the attestation the 1780
director prescribes. The information for state institutions of 1781
higher education, as defined in section 3345.011 of the Revised 1782
Code, shall be submitted to the chancellor by the Ohio board of 1783
regents. The board shall establish a due date by which each such 1784
institution shall submit the information to the board, but no such 1785
date shall be later than one hundred twenty days after the end of 1786
the state fiscal year unless a later date is approved by the 1787
director.1788

       (B) In addition to the director's duties under division (A) 1789
of this section, the director may establish and administer one or 1790
more state payment card programs that permit or require state 1791
agencies and political subdivisions to use a payment card to 1792
purchase equipment, materials, supplies, or services in accordance 1793
with guidelines issued by the director. The chief administrative 1794
officer of a state agency or political subdivision that uses a 1795
payment card for such purposes shall ensure that purchases made 1796
with the card are made in accordance with the guidelines issued by 1797
the director and do not exceed the unexpended, unencumbered, 1798
unobligated balance in the appropriation to be charged for the 1799
purchase. State agencies may participate in only those state1800
payment card programs that the director establishes pursuant to 1801
this section.1802

       (C) In addition to the director's duties under divisions (A) 1803
and (B) of this section, the director may enter into any contract 1804
or agreement necessary for and incidental to the performance of 1805
the director's duties or the duties of the office of budget and 1806
management.1807

       (D) In addition to the director's duties under divisions (A), 1808
(B), and (C) of this section, the director may operate a shared 1809
services center within the office of budget and management for the 1810
purpose of consolidating common business functions and 1811
transactional processes. The services offered by the shared 1812
services center may be provided to any state agency or political 1813
subdivision. In consultation with the director of administrative 1814
services, the director may appoint and fix the compensation of 1815
employees of the office of budget and management whose primary 1816
duties include the consolidation of statewide financingcommon 1817
business functions and common transactional processes.1818

       (E) The director may transfer cash between funds other than 1819
the general revenue fund in order to correct an erroneous payment 1820
or deposit regardless of the fiscal year during which the 1821
erroneous payment or deposit occurred.1822

       (F) As used in divisions (B) and (D) of this section:1823

       (1) "Political subdivision" has the same meaning as in 1824
section 2744.01 of the Revised Code.1825

       (2) "State agency" has the same meaning as in section 9.482 1826
of the Revised Code.1827

       Sec. 126.25.  The accounting and budgeting services provided 1828
by the director of budget and management under section 126.21 of 1829
the Revised Code shall be supported by user charges. The director 1830
shall determine a rate that is sufficient to defray the expense of 1831
those services and the manner by which those charges shall be 1832
collected. All money collected from userthe charges shall be 1833
deposited in the state treasury to the credit of the accounting 1834
and budgeting fund, which is hereby created. Rebates or revenue 1835
shares received from any state payment card program established 1836
under division (B) of section 126.21 of the Revised Code and 1837
miscellaneous payments that reimburse expenses paid from the 1838
accounting and budgeting fund may be deposited into the accounting 1839
and budgeting fund and used to support accounting and budgeting1840
the services provided by the director.1841

       Sec. 149.38.  (A) Except as otherwise provided in section 1842
307.847 of the Revised Code, there is hereby created in each 1843
county a county records commission, composed of a member of the 1844
board of county commissioners as chairperson, the prosecuting 1845
attorney, the auditor, the recorder, and the clerk of the court of 1846
common pleas. The commission shall appoint a secretary, who may or 1847
may not be a member of the commission and who shall serve at the 1848
pleasure of the commission. The commission may employ an archivist 1849
or records manager to serve under its direction. The commission 1850
shall meet at least once every six months and upon the call of the 1851
chairperson.1852

       (B)(1) The functions of the county records commission shall 1853
be to provide rules for retention and disposal of records of the 1854
county, and to review applications for one-time disposal of 1855
obsolete records and schedules of records retention and 1856
disposition submitted by county offices. The commission may 1857
dispose of records pursuant to the procedure outlined in this 1858
section. The commission, at any time, may review any schedule it 1859
has previously approved and, for good cause shown, may revise that 1860
schedule, subject to division (D) of this section.1861

       (2)(a) As used in division (B)(2) of this section, "paper 1862
case records" means written reports of child abuse or neglect, 1863
written records of investigations, or other written records 1864
required to be prepared under section 2151.421, 5101.13, 5153.166, 1865
or 5153.17 of the Revised Code. 1866

       (b) A county public children services agency may submit to 1867
the county records commission applications for one-time disposal, 1868
or schedules of records retention and disposition, of paper case 1869
records that have been entered into permanently maintained and 1870
retrievable fields in the state automated child welfare 1871
information system established under section 5101.13 of the 1872
Revised Code or entered into other permanently maintained and 1873
retrievable electronic files. The county records commission may 1874
dispose of the paper case records pursuant to the procedure 1875
outlined in this section. 1876

       (C)(1) When the county records commission has approved any 1877
county application for one-time disposal of obsolete records or 1878
any schedule of records retention and disposition, the commission 1879
shall send that application or schedule to the Ohio historical 1880
society for its review. The Ohio historical society shall review 1881
the application or schedule within a period of not more than sixty 1882
days after its receipt of it. During the sixty-day review period, 1883
the Ohio historical society may select for its custody from the 1884
application for one-time disposal of obsolete records any records 1885
it considers to be of continuing historical value, and shall 1886
denote upon any schedule of records retention and disposition any 1887
records for which the Ohio historical society will require a 1888
certificate of records disposal prior to their disposal.1889

       (2) Upon completion of its review, the Ohio historical 1890
society shall forward the application for one-time disposal of 1891
obsolete records or the schedule of records retention and 1892
disposition to the auditor of state for the auditor's approval or 1893
disapproval. The auditor of state shall approve or disapprove the 1894
application or schedule within a period of not more than sixty 1895
days after receipt of it. 1896

       (3) Before public records are to be disposed of pursuant to 1897
an approved schedule of records retention and disposition, the 1898
county records commission shall inform the Ohio historical society 1899
of the disposal through the submission of a certificate of records 1900
disposal for only the records required by the schedule to be 1901
disposed of and shall give the society the opportunity for a 1902
period of fifteen business days to select for its custody those 1903
records, from the certificate submitted, that it considers to be 1904
of continuing historical value. Upon the expiration of the 1905
fifteen-business-day period, the county records commission also 1906
shall notify the public libraries, county historical society, 1907
state universities, and other public or quasi-public institutions, 1908
agencies, or corporations in the county that have provided the 1909
commission with their name and address for these notification 1910
purposes, that the commission has informed the Ohio historical 1911
society of the records disposal and that the notified entities, 1912
upon written agreement with the Ohio historical society pursuant 1913
to section 149.31 of the Revised Code, may select records of 1914
continuing historical value, including records that may be 1915
distributed to any of the notified entities under section 149.31 1916
of the Revised Code. Any notified entity that notifies the county 1917
records commission of its intent to review and select records of 1918
continuing historical value from certificates of records disposal 1919
is responsible for the cost of any notice given and for the 1920
transportation of those records.1921

       (D) The rules of the county records commission shall include 1922
a rule that requires any receipts, checks, vouchers, or other 1923
similar records pertaining to expenditures from the delinquent tax 1924
and assessment collection fund created in section 321.261 of the 1925
Revised Code, from the real estate assessment fund created in 1926
section 325.31 of the Revised Code, or from amounts allocated for 1927
the furtherance of justice to the county sheriff under section 1928
325.071 of the Revised Code or to the prosecuting attorney under 1929
section 325.12 of the Revised Code to be retained for at least 1930
four years.1931

       (E) No person shall knowingly violate the rule adopted under 1932
division (D) of this section. Whoever violates that rule is guilty 1933
of a misdemeanor of the first degree.1934

       Sec. 153.56. (A) Any person to whom any money is due for 1935
labor or work performed or materials furnished in a public 1936
improvement as provided in section 153.54 of the Revised Code, at 1937
any time after performing the labor or work or furnishing the 1938
materials, but not later than ninety days after the completion of 1939
the contract by the principal contractor or design-build firm and 1940
the acceptance of the public improvement for which the bond was 1941
provided by the duly authorized board or officer, shall furnish 1942
the sureties on the bond, a statement of the amount due to the 1943
person.1944

       (B) A suit shall not be brought against sureties on the bond 1945
until after sixty days after the furnishing of the statement 1946
described in division (A) of this section. If the indebtedness is 1947
not paid in full at the expiration of that sixty days, and if the 1948
person complies with division (C) of this section, the person may 1949
bring an action in the person's own name upon the bond, as 1950
provided in sections 2307.06 and 2307.07 of the Revised Code, that 1951
action to be commenced, notwithstanding section 2305.12 of the 1952
Revised Code, not later than one year from the date of acceptance 1953
of the public improvement for which the bond was provided.1954

       (C) To exercise rights under this section, a subcontractor or 1955
materials supplier supplying labor or materials that cost more 1956
than thirty thousand dollars, who is not in direct privity of 1957
contract with the principal contractor or design-build firm for 1958
the public improvement, shall serve a notice of furnishing upon 1959
the principal contractor or design-build firm in the form provided 1960
in section 1311.261 of the Revised Code.1961

       (D) A subcontractor or materials supplier who serves a notice 1962
of furnishing under division (C) of this section as required to 1963
exercise rights under this section has the right of recovery only 1964
as to amounts owed for labor and work performed and materials 1965
furnished during and after the twenty-one days immediately 1966
preceding service of the notice of furnishing.1967

       (E) For purposes of this section:1968

       (1) "Design-build firm" has the same meaning as in section 1969
153.65 of the Revised Code.1970

       (2) "Principal contractor" has the same meaning as in section 1971
1311.25 of the Revised Code, and may include a "construction 1972
manager" and a "construction manager at risk" as defined in 1973
section 9.33 of the Revised Code.1974

       Sec. 164.26. (A) The director of the Ohio public works 1975
commission shall establish policies related to the need for 1976
long-term ownership, or long-term control through a lease or the 1977
purchase of an easement, of real property that is the subject of 1978
an application for a grant under sections 164.20 to 164.27 of the 1979
Revised Code and establish requirements for documentation to be 1980
submitted by grant applicants that is necessary for the proper 1981
administration of this division. The policies shall provide for 1982
proper penalties, includingliquidated damages and grant 1983
repayment, for entities that fail to comply with the long-term 1984
ownership or control requirements established under this division.1985

       The director also shall adopt policies delineating what 1986
constitutes administrative costs for purposes of division (F) of 1987
section 164.27 of the Revised Code.1988

       (B) The Ohio public works commission shall administer 1989
sections 164.20 to 164.27 of the Revised Code and shall exercise 1990
any authority and use any procedures granted or established under 1991
sections 164.02 and 164.05 of the Revised Code that are necessary 1992
for that purpose.1993

       Sec. 164.261.  All of the following apply to any repayment of 1994
a grant awarded under sections 164.20 to 164.27 of the Revised 1995
Code:1996

       (A) The Ohio public works commission shall deposit the grant 1997
repayment into the clean Ohio conservation fund created in section 1998
164.27 of the Revised Code.1999

       (B) The commission shall return the grant repayment to the 2000
natural resource assistance council that approved the grant 2001
application.2002

       (C) The grant repayment shall be used for the same purpose as 2003
the grant was originally approved for, as provided in section 2004
164.22 of the Revised Code.2005

       Sec. 173.27.  (A) As used in this section:2006

       (1) "Applicant" means a person who is under final 2007
consideration for employmenthiring by a responsible party in a 2008
full-time, part-time, or temporary position that involves 2009
providing ombudsman services to residents and recipients. 2010
"Applicant" includes a person who is under final consideration for 2011
employmentbeing hired as the state long-term care ombudsman or 2012
the head of a regional long-term care ombudsman program. 2013
"Applicant" does not include a person seeking to provide ombudsman 2014
services to residents and recipients as a volunteer without 2015
receiving or expecting to receive any form of remuneration other 2016
than reimbursement for actual expenses.2017

       (2) "Criminal records check" has the same meaning as in 2018
section 109.572 of the Revised Code.2019

       (3) "Disqualifying offense" means any of the offenses listed 2020
or described in divisions (A)(3)(a) to (e) of section 109.572 of 2021
the Revised Code.2022

       (4) "Employee" means a person employed by a responsible party 2023
in a full-time, part-time, or temporary position that involves 2024
providing ombudsman services to residents and recipients. 2025
"Employee" includes the person employed as the state long-term 2026
care ombudsman and a person employed as the head of a regional 2027
long-term care ombudsman program. "Employee" does not include a 2028
person who provides ombudsman services to residents and recipients 2029
as a volunteer without receiving or expecting to receive any form 2030
of remuneration other than reimbursement for actual expenses.2031

       (5) "Responsible party" means the following:2032

       (a) In the case of an applicant who is under final 2033
consideration for employmentbeing hired as the state long-term 2034
care ombudsman or the person employed as the state long-term care 2035
ombudsman, the director of aging;2036

       (b) In the case of any other applicant who is under final 2037
consideration for employment withbeing hired by the state 2038
long-term care ombudsman program or any other employee of the 2039
state long-term care ombudsman program, the state long-term care 2040
ombudsman;2041

        (c) In the case of an applicant who is under final 2042
consideration for employment withbeing hired by a regional 2043
long-term care ombudsman program (including as the head of the 2044
regional program) or an employee of a regional long-term care 2045
ombudsman program (including the head of a regional program), the 2046
regional long-term care ombudsman program.2047

       (B) A responsible party may not employhire an applicant or 2048
continue to employretain an employee in a position that involves 2049
providing ombudsman services to residents and recipients if any of 2050
the following apply:2051

       (1) A review of the databases listed in division (D) of this 2052
section reveals any of the following:2053

       (a) That the applicant or employee is included in one or more 2054
of the databases listed in divisions (D)(1) to (5) of this 2055
section;2056

       (b) That there is in the state nurse aide registry 2057
established under section 3721.32 of the Revised Code a statement 2058
detailing findings by the director of health that the applicant or 2059
employee neglected or abused a long-term care facility or 2060
residential care facility resident or misappropriated property of 2061
such a resident;2062

       (c) That the applicant or employee is included in one or more 2063
of the databases, if any, specified in rules adopted under this 2064
section and the rules prohibit the responsible party from 2065
employing an applicant or continuing to employ an employee 2066
included in such a database in a position that involves providing 2067
ombudsman services to residents and recipients.2068

       (2) After the applicant or employee is provided, pursuant to 2069
division (E)(2)(a) of this section, a copy of the form prescribed 2070
pursuant to division (C)(1) of section 109.572 of the Revised Code 2071
and the standard impression sheet prescribed pursuant to division 2072
(C)(2) of that section, the applicant or employee fails to 2073
complete the form or provide the applicant's or employee's 2074
fingerprint impressions on the standard impression sheet.2075

       (3) Unless the applicant or employee meets standards 2076
specified in rules adopted under this section, the applicant or 2077
employee is found by a criminal records check required by this 2078
section to have been convicted of,or pleaded guilty to, or been 2079
found eligible for intervention in lieu of conviction for a 2080
disqualifying offense.2081

       (C) A responsible party or a responsible party's designee 2082
shall inform each applicant of both of the following at the time 2083
of the applicant's initial application for employment inhiring 2084
into a position that involves providing ombudsman services to 2085
residents and recipients:2086

       (1) That a review of the databases listed in division (D) of 2087
this section will be conducted to determine whether the 2088
responsible party is prohibited by division (B)(1) of this section 2089
from employinghiring the applicant ininto the position;2090

       (2) That, unless the database review reveals that the 2091
applicant may not be employed inhired into the position, a 2092
criminal records check of the applicant will be conducted and the 2093
applicant is required to provide a set of the applicant's 2094
fingerprint impressions as part of the criminal records check.2095

       (D) As a condition of any applicant's being employedhired by 2096
a responsible party in a position that involves providing 2097
ombudsman services to residents and recipients, the responsible 2098
party or designee shall conduct a database review of the applicant 2099
in accordance with rules adopted under this section. If rules 2100
adopted under this section so require, the responsible party or 2101
designee shall conduct a database review of an employee in 2102
accordance with the rules as a condition of the responsible party 2103
continuing to employretaining the employee in a position that 2104
involves providing ombudsman services to residents and recipients. 2105
A database review shall determine whether the applicant or 2106
employee is included in any of the following:2107

       (1) The excluded parties list system that is maintained by 2108
the United States general services administration pursuant to 2109
subpart 9.4 of the federal acquisition regulation and available at 2110
the federal web site known as the system for award management;2111

       (2) The list of excluded individuals and entities maintained 2112
by the office of inspector general in the United States department 2113
of health and human services pursuant to section 1128 of the 2114
"Social Security Act," 94 Stat. 2619 (1980), 42 U.S.C. 1320a-7, as 2115
amended, and section 1156 of the "Social Security Act," 96 Stat. 2116
388 (1982), 42 U.S.C. 1320c-5, as amended;2117

       (3) The registry of MR/DD employees established under section 2118
5123.52 of the Revised Code;2119

       (4) The internet-based sex offender and child-victim offender 2120
database established under division (A)(11) of section 2950.13 of 2121
the Revised Code;2122

       (5) The internet-based database of inmates established under 2123
section 5120.66 of the Revised Code;2124

       (6) The state nurse aide registry established under section 2125
3721.32 of the Revised Code;2126

       (7) Any other database, if any, specified in rules adopted 2127
under this section.2128

       (E)(1) As a condition of any applicant's being employed by a 2129
responsible party inon hiring an applicant into a position that 2130
involves providing ombudsman services to residents and recipients, 2131
the responsible party or designee shall request that the 2132
superintendent of the bureau of criminal identification and 2133
investigation conduct a criminal records check of the applicant. 2134
If rules adopted under this section so require, the responsible 2135
party or designee shall request that the superintendent conduct a 2136
criminal records check of an employee at times specified in the 2137
rules as a condition of the responsible party continuing to employ2138
for retaining the employee in a position that involves providing 2139
ombudsman services to residents and recipients. However, the 2140
responsible party or designee is not required to request the 2141
criminal records check of the applicant or employee if the 2142
responsible party is prohibited by division (B)(1) of this section 2143
from employinghiring the applicant or continuing to employ2144
retaining the employee in a position that involves providing 2145
ombudsman services to residents and recipients. If an applicant or 2146
employee for whom a criminal records check request is required by 2147
this section does not present proof of having been a resident of 2148
this state for the five-year period immediately prior to the date 2149
the criminal records check is requested or provide evidence that 2150
within that five-year period the superintendent has requested 2151
information about the applicant or employee from the federal 2152
bureau of investigation in a criminal records check, the 2153
responsible party or designee shall request that the 2154
superintendent obtain information from the federal bureau of 2155
investigation as part of the criminal records check. Even if an 2156
applicant or employee for whom a criminal records check request is 2157
required by this section presents proof of having been a resident 2158
of this state for the five-year period, the responsible party or 2159
designee may request that the superintendent include information 2160
from the federal bureau of investigation in the criminal records 2161
check.2162

       (2) A responsible party or designee shall do all of the 2163
following:2164

       (a) Provide to each applicant and employee for whom a 2165
criminal records check request is required by this section a copy 2166
of the form prescribed pursuant to division (C)(1) of section 2167
109.572 of the Revised Code and a standard impression sheet 2168
prescribed pursuant to division (C)(2) of that section;2169

       (b) Obtain the completed form and standard impression sheet 2170
from the applicant or employee;2171

       (c) Forward the completed form and standard impression sheet 2172
to the superintendent. 2173

       (3) A responsible party shall pay to the bureau of criminal 2174
identification and investigation the fee prescribed pursuant to 2175
division (C)(3) of section 109.572 of the Revised Code for each 2176
criminal records check the responsible party or the responsible 2177
party's designee requests under this section. The responsible 2178
party may charge an applicant a fee not exceeding the amount the 2179
responsible party pays to the bureau under this section if the 2180
responsible party or designee notifies the applicant at the time 2181
of initial application for employmenthiring into the position in 2182
question of the amount of the fee.2183

        (F)(1) A responsible party may employ conditionally hire an 2184
applicant for whom a criminal records check is required by this 2185
section prior to obtaining the results of the criminal records 2186
check if both of the following apply:2187

       (a) The responsible party is not prohibited by division 2188
(B)(1) of this section from employinghiring the applicant in a 2189
position that involves providing ombudsman services to residents 2190
and recipients;2191

       (b) The responsible party or designee requests the criminal 2192
records check in accordance with division (E) of this section not 2193
later than five business days after the responsible party 2194
conditionally hires the applicant begins conditional employment.2195

       (2) A responsible party shall terminate the employment of an 2196
applicant employed conditionally under division (F)(1) of this 2197
sectionremove a conditionally hired applicant from any job duties 2198
that require a criminal records check if the results of the 2199
criminal records check, other than the results of any request for 2200
information from the federal bureau of investigation, are not 2201
obtained within the period ending sixty days after the date the 2202
request for the criminal records check is made. Regardless2203

       Regardless of when the results of the criminal records check 2204
are obtained, if the results indicate that the conditionally hired2205
applicant has been convicted of,or pleaded guilty to, or been 2206
found eligible for intervention in lieu of conviction for a 2207
disqualifying offense, the responsible party shall terminate the 2208
applicant's employment unless the applicant meets standards 2209
specified in rules adopted under this section that permit the 2210
responsible party to employhire the applicant and the responsible 2211
party chooses to employhire the applicant. Termination of 2212
employment under this division shall be considered just cause for 2213
discharge for purposes of division (D)(2) of section 4141.29 of 2214
the Revised Code if the applicant makes any attempt to deceive the 2215
responsible party or designee about the applicant's criminal 2216
record.2217

       (G) The report of any criminal records check conducted 2218
pursuant to a request made under this section is not a public 2219
record for the purposes of section 149.43 of the Revised Code and 2220
shall not be made available to any person other than the 2221
following:2222

       (1) The applicant or employee who is the subject of the 2223
criminal records check or the applicant's or employee's 2224
representative;2225

       (2) The responsible party or designee;2226

       (3) In the case of a criminal records check conducted for an 2227
applicant who is under final consideration for employment with2228
hiring by a regional long-term care ombudsman program (including 2229
as the head of the regional program) or for an employee of a 2230
regional long-term care ombudsman program (including the head of a 2231
regional program), the state long-term care ombudsman or a 2232
representative of the office of the state long-term care ombudsman 2233
program who is responsible for monitoring the regional program's 2234
compliance with this section;2235

       (4) A court, hearing officer, or other necessary individual 2236
involved in a case dealing with any of the following:2237

       (a) A denial of employmenthiring of the applicant or of 2238
retention of the employee;2239

       (b) Employment or unemployment benefits of the applicant or 2240
employee;2241

       (c) A civil or criminal action regarding the medicaid program 2242
or a program the department of aging administers.2243

       (H) In a tort or other civil action for damages that is 2244
brought as the result of an injury, death, or loss to person or 2245
property caused by an applicant who a responsible party hires, or 2246
an employee who a responsible party employs, in a position that 2247
involves providing ombudsman services to residents and recipients, 2248
all of the following shall apply:2249

       (1) If the responsible party employedhired the applicant or 2250
retained the employee in good faith and reasonable reliance on the 2251
report of a criminal records check requested under this section, 2252
the responsible party shall not be found negligent solely because 2253
of its reliance on the report, even if the information in the 2254
report is determined later to have been incomplete or inaccurate.2255

       (2) If the responsible party employedconditionally hired the 2256
applicant in good faith on a conditional basis pursuant to 2257
division (F) of this section, the responsible party shall not be 2258
found negligent solely because it employedconditionally hired the 2259
applicant prior to receiving the report of a criminal records 2260
check requested under this section.2261

       (3) If the responsible party in good faith employedhired the 2262
applicant or retained the employee because the applicant or 2263
employee meets standards specified in rules adopted under this 2264
section, the responsible party shall not be found negligent solely 2265
because the applicant or employee has been convicted of,or2266
pleaded guilty to, or been found eligible for intervention in lieu 2267
of conviction for a disqualifying offense.2268

       (I) The state long-term care ombudsman may not act as the 2269
director of aging's designee for the purpose of this section. The 2270
head of a regional long-term care ombudsman program may not act as 2271
the regional program's designee for the purpose of this section if 2272
the head is the employee for whom a database review or criminal 2273
records check is being conducted.2274

       (J) The director of aging shall adopt rules in accordance 2275
with Chapter 119. of the Revised Code to implement this section. 2276

       (1) The rules may do the following:2277

       (a) Require employees to undergo database reviews and 2278
criminal records checks under this section;2279

       (b) If the rules require employees to undergo database 2280
reviews and criminal records checks under this section, exempt one 2281
or more classes of employees from the requirements;2282

       (c) For the purpose of division (D)(7) of this section, 2283
specify other databases that are to be checked as part of a 2284
database review conducted under this section.2285

       (2) The rules shall specify all of the following:2286

       (a) The procedures for conducting database reviews under this 2287
section;2288

       (b) If the rules require employees to undergo database 2289
reviews and criminal records checks under this section, the times 2290
at which the database reviews and criminal records checks are to 2291
be conducted;2292

       (c) If the rules specify other databases to be checked as 2293
part of the database reviews, the circumstances under which a 2294
responsible party is prohibited from employinghiring an applicant 2295
or continuing to employretaining an employee who is found by a 2296
database review to be included in one or more of those databases;2297

       (d) Standards that an applicant or employee must meet for a 2298
responsible party to be permitted to employhire the applicant or 2299
continue to employretain the employee in a position that involves 2300
providing ombudsman services to residents and recipients if the 2301
applicant or employee is found by a criminal records check 2302
required by this section to have been convicted of,or pleaded 2303
guilty to, or been found eligible for intervention in lieu of 2304
conviction for a disqualifying offense. 2305

       Sec. 173.38.  (A) As used in this section:2306

       (1)(a) "Applicant" means aall of the following:2307

       (i) A person who is under final consideration for employment 2308
withhiring by a responsible party in a full-time, part-time, or 2309
temporary direct-care position or is referred to a responsible 2310
party by an employment service for such a position. "Applicant";2311

       (ii) A self-employed provider bidding on a contract or grant 2312
with an area agency on aging to provide community-based long-term 2313
care services;2314

       (iii) A self-employed provider applying under section 173.391 2315
of the Revised Code for certification to provide community-based 2316
long-term care services.2317

       (b) "Applicant" does not include a person being considered 2318
for a direct-care position as a volunteer. 2319

       (2) "Area agency on aging" has the same meaning as in section 2320
173.14 of the Revised Code.2321

       (3) "Community-based long-term care services" means 2322
community-based long-term care services, as defined in section 2323
173.14 of the Revised Code, that are provided under a program the 2324
department of aging administers.2325

       (4) "Consumer" means an individual who receives 2326
community-based long-term care services.2327

        (5) "Criminal records check" has the same meaning as in 2328
section 109.572 of the Revised Code.2329

       (6)(a) "Direct-care position" means an employment position in 2330
which an employee has either or both of the following:2331

       (i) In-person contact with one or more consumers;2332

       (ii) Access to one or more consumers' personal property or 2333
records.2334

       (b) "Direct-care position" does not include a person whose 2335
sole duties are transporting individuals under Chapter 306. of the 2336
Revised Code.2337

       (7) "Disqualifying offense" means any of the offenses listed 2338
or described in divisions (A)(3)(a) to (e) of section 109.572 of 2339
the Revised Code.2340

       (8)(a) "Employee" means aall of the following:2341

       (i) A person employed by a responsible party in a full-time, 2342
part-time, or temporary direct-care position and a person who 2343
works in such a position due to being referred to a responsible 2344
party by an employment service. "Employee";2345

       (ii) A self-employed provider who has a contract or grant 2346
with an area agency on aging to provide community-based long-term 2347
care services;2348

       (iii) A self-employed provider certified under section 2349
173.391 of the Revised Code to provide community-based long-term 2350
care services.2351

       (b) "Employee" does not include a person who works in a 2352
direct-care position as a volunteer. 2353

       (9) "PASSPORT administrative agency" has the same meaning as 2354
in section 173.42 of the Revised Code.2355

       (10) "Provider" has the same meaning as in section 173.39 of 2356
the Revised Code.2357

       (11) "Responsible party" means the following:2358

       (a) An area agency on aging in the case of eitherany of the 2359
following:2360

       (i) A person who is an applicant because the agency is giving 2361
the person is under final consideration for employment with the 2362
agency inbeing hired into a full-time, part-time, or temporary 2363
direct-care position or isan employment service referred the 2364
person to the agency by an employment service for such a position;2365

       (ii) A person who is an employee because the agency employs 2366
the person is employed by the agency in a full-time, part-time, or 2367
temporary direct-care position or works in such a position due to 2368
beingan employment service referred the person to the agency by 2369
an employment servicefor employment in such a position;2370

       (iii) A self-employed provider who is an applicant because 2371
the provider is bidding on a contract or grant with the agency to 2372
provide community-based long-term care services;2373

       (iv) A self-employed provider who is an employee because the 2374
provider has a contract or grant with the agency to provide 2375
community-based long-term care services.2376

       (b) A PASSPORT administrative agency in the case of either2377
any of the following:2378

       (i) A person who is an applicant because the agency is giving 2379
the person is under final consideration for employment with the 2380
agency inbeing hired into a full-time, part-time, or temporary 2381
direct-care position or isan employment service referred the 2382
person to the agency by an employment service for such a position;2383

       (ii) A person who is an employee because the agency employs 2384
the person is employed by the agency in a full-time, part-time, or 2385
temporary direct-care position or works in such a position due to 2386
beingan employment service referred the person to the agency by 2387
an employment servicefor employment in such a position;2388

       (iii) A self-employed provider who is an applicant because 2389
the provider is applying under section 173.391 of the Revised Code 2390
for certification to provide community-based long-term care 2391
services and intends to provide the services in the area served by 2392
the agency;2393

       (iv) A self-employed provider who is an employee because the 2394
provider is certified under section 173.391 of the Revised Code to 2395
provide community-based long-term care services and provides the 2396
services in the area served by the agency.2397

       (c) A provider in the case of either of the following:2398

       (i) A person who is an applicant because the provider is 2399
giving the person is under final consideration for employment with 2400
the provider inbeing hired into a full-time, part-time, or 2401
temporary direct-care position or isan employment service2402
referred the person to the provider by an employment service for 2403
such a position;2404

       (ii) A person who is an employee because the provider employs2405
the person is employed by the provider in a full-time, part-time, 2406
or temporary direct-care position or works in such a position due 2407
to beingan employment service referred the person to the provider 2408
by an employment servicefor employment in such a position.2409

       (d) A subcontractor in the case of either of the following:2410

       (i) A person who is an applicant because the subcontractor is 2411
giving the person is under final consideration for employment with 2412
the subcontractor inbeing hired into a full-time, part-time, or 2413
temporary direct-care position or isan employment service2414
referred the person to the subcontractor by an employment service2415
for such a position;2416

       (ii) A person who is an employee because the subcontractor 2417
employs the person is employed by the subcontractor in a 2418
full-time, part-time, or temporary direct-care position or works 2419
in such a position due to beingan employment service referred the 2420
person to the subcontractor by an employment servicefor 2421
employment in such a position.2422

       (e) A consumer who, as the employer of record, directs a 2423
consumer-directed provider.2424

       (12) "Self-employed" means the state of working for one's 2425
self with no employees. A consumer-directed provider is not 2426
self-employed because the consumer is the employer of record.2427

       (13) "Subcontractor" has the meaning specified in rules 2428
adopted under this section.2429

       (13)(14) "Volunteer" means a person who serves in a 2430
direct-care position without receiving or expecting to receive any 2431
form of remuneration other than reimbursement for actual expenses.2432

       (14)(15) "Waiver agency" has the same meaning as in section 2433
5164.342 of the Revised Code.2434

       (B) This section does not apply to any individual who is 2435
subject to a database review or criminal records check under 2436
section 3701.881 of the Revised Code or to any individual who is 2437
subject to a criminal records check under section 3721.121 of the 2438
Revised Code. If a provider or subcontractor also is a waiver 2439
agency, the provider or subcontractor may provide for applicants 2440
and employees to undergo database reviews and criminal records 2441
checks in accordance with section 5164.342 of the Revised Code 2442
rather than this section.2443

       (C) No responsible party shall employhire an applicant or 2444
continue to employretain an employee in a direct-care position if 2445
any of the following apply:2446

       (1) A review of the databases listed in division (E) of this 2447
section reveals any of the following:2448

       (a) That the applicant or employee is included in one or more 2449
of the databases listed in divisions (E)(1) to (5) of this 2450
section;2451

       (b) That there is in the state nurse aide registry 2452
established under section 3721.32 of the Revised Code a statement 2453
detailing findings by the director of health that the applicant or 2454
employee neglected or abused a long-term care facility or 2455
residential care facility resident or misappropriated property of 2456
such a resident;2457

       (c) That the applicant or employee is included in one or more 2458
of the databases, if any, specified in rules adopted under this 2459
section and the rules prohibit the responsible party from 2460
employinghiring an applicant or continuing to employretaining an 2461
employee included in such a database in a direct-care position. 2462

       (2) After the applicant or employee is provided, pursuant to 2463
division (F)(2)(a) of this section, a copy of the form prescribed 2464
pursuant to division (C)(1) of section 109.572 of the Revised Code 2465
and the standard impression sheet prescribed pursuant to division 2466
(C)(2) of that section, the applicant or employee fails to 2467
complete the form or provide the applicant's or employee's 2468
fingerprint impressions on the standard impression sheet.2469

       (3) Unless the applicant or employee meets standards 2470
specified in rules adopted under this section, the applicant or 2471
employee is found by a criminal records check required by this 2472
section to have been convicted of,or pleaded guilty to, or been 2473
found eligible for intervention in lieu of conviction for a 2474
disqualifying offense.2475

       (D) Except as provided by division (G) of this section, the 2476
chief administrator of a responsible party shall inform each 2477
applicant of both of the following at the time of the applicant's 2478
initial application for employmenthiring into a direct-care 2479
position or referral to the responsible party by an employment 2480
service for a direct-care position:2481

       (1) That a review of the databases listed in division (E) of 2482
this section will be conducted to determine whether the 2483
responsible party is prohibited by division (C)(1) of this section 2484
from employinghiring the applicant ininto the direct-care 2485
position;2486

       (2) That, unless the database review reveals that the 2487
applicant may not be employed inhired into the direct-care 2488
position, a criminal records check of the applicant will be 2489
conducted and the applicant is required to provide a set of the 2490
applicant's fingerprint impressions as part of the criminal 2491
records check.2492

       (E) As a condition of employingfor hiring any applicant in2493
into a direct-care position, the chief administrator of a 2494
responsible party shall conduct a database review of the applicant 2495
in accordance with rules adopted under this section. If rules 2496
adopted under this section so require, the chief administrator of 2497
a responsible party shall conduct a database review of an employee 2498
in accordance with the rules as a condition of continuing to 2499
employretaining the employee in a direct-care position. However, 2500
a chief administrator is not required to conduct a database review 2501
of an applicant or employee if division (G) of this section 2502
applies. A database review shall determine whether the applicant 2503
or employee is included in any of the following:2504

       (1) The excluded parties list system that is maintained by 2505
the United States general services administration pursuant to 2506
subpart 9.4 of the federal acquisition regulation and available at 2507
the federal web site known as the system for award management;2508

       (2) The list of excluded individuals and entities maintained 2509
by the office of inspector general in the United States department 2510
of health and human services pursuant to the "Social Security 2511
Act," sections 1128 and 1156, 42 U.S.C. 1320a-7 and 1320c-5;2512

       (3) The registry of MR/DD employees established under section 2513
5123.52 of the Revised Code;2514

       (4) The internet-based sex offender and child-victim offender 2515
database established under division (A)(11) of section 2950.13 of 2516
the Revised Code;2517

       (5) The internet-based database of inmates established under 2518
section 5120.66 of the Revised Code;2519

       (6) The state nurse aide registry established under section 2520
3721.32 of the Revised Code;2521

       (7) Any other database, if any, specified in rules adopted 2522
under this section.2523

       (F)(1) As a condition of employingfor hiring any applicant 2524
ininto a direct-care position, the chief administrator of a 2525
responsible party shall request that the superintendent of the 2526
bureau of criminal identification and investigation conduct a 2527
criminal records check of the applicant. If rules adopted under 2528
this section so require, the chief administrator of a responsible 2529
party shall request that the superintendent conduct a criminal 2530
records check of an employee at times specified in the rules as a 2531
condition of continuing to employfor retaining the employee in a 2532
direct-care position. However, the chief administrator is not 2533
required to request the criminal records check of the applicant or 2534
employee if division (G) of this section applies or the 2535
responsible party is prohibited by division (C)(1) of this section 2536
from employinghiring the applicant or continuing to employ2537
retaining the employee in a direct-care position. If an applicant 2538
or employee for whom a criminal records check request is required 2539
by this section does not present proof of having been a resident 2540
of this state for the five-year period immediately prior to the 2541
date the criminal records check is requested or provide evidence 2542
that within that five-year period the superintendent has requested 2543
information about the applicant or employee from the federal 2544
bureau of investigation in a criminal records check, the chief 2545
administrator shall request that the superintendent obtain 2546
information from the federal bureau of investigation as part of 2547
the criminal records check. Even if an applicant or employee for 2548
whom a criminal records check request is required by this section 2549
presents proof of having been a resident of this state for the 2550
five-year period, the chief administrator may request that the 2551
superintendent include information from the federal bureau of 2552
investigation in the criminal records check.2553

       (2) The chief administrator shall do all of the following:2554

       (a) Provide to each applicant and employee for whom a 2555
criminal records check request is required by this section a copy 2556
of the form prescribed pursuant to division (C)(1) of section 2557
109.572 of the Revised Code and a standard impression sheet 2558
prescribed pursuant to division (C)(2) of that section;2559

       (b) Obtain the completed form and standard impression sheet 2560
from the applicant or employee;2561

       (c) Forward the completed form and standard impression sheet 2562
to the superintendent. 2563

       (3) A responsible party shall pay to the bureau of criminal 2564
identification and investigation the fee prescribed pursuant to 2565
division (C)(3) of section 109.572 of the Revised Code for each 2566
criminal records check the responsible party requests under this 2567
section. A responsible party may charge an applicant a fee not 2568
exceeding the amount the responsible party pays to the bureau 2569
under this section if both of the following apply:2570

       (a) The responsible party notifies the applicant at the time 2571
of initial application for employmenthiring into the position in 2572
question of the amount of the fee and that, unless the fee is 2573
paid, the applicant will not be considered for employmentthe 2574
hiring.2575

       (b) The medicaid program does not pay the responsible party 2576
for the fee it pays to the bureau under this section.2577

       (G) Divisions (D) to (F) of this section do not apply with 2578
regard to an applicant or employee if the applicant or employee is 2579
referred to a responsible party by an employment service that 2580
supplies full-time, part-time, or temporary staff for direct-care 2581
positions and both of the following apply:2582

       (1) The chief administrator of the responsible party receives 2583
from the employment service confirmation that a review of the 2584
databases listed in division (E) of this section was conducted of 2585
the applicant or employee.2586

       (2) The chief administrator of the responsible party receives 2587
from the employment service, applicant, or employee a report of 2588
the results of a criminal records check of the applicant or 2589
employee that has been conducted by the superintendent within the 2590
one-year period immediately preceding the following:2591

       (a) In the case of an applicant, the date of the applicant's 2592
referral by the employment service to the responsible party;2593

       (b) In the case of an employee, the date by which the 2594
responsible party would otherwise have to request a criminal 2595
records check of the employee under division (F) of this section.2596

       (H)(1) A responsible party may employ conditionally hire an 2597
applicant for whom a criminal records check request is required by 2598
this section prior to obtaining the results of the criminal 2599
records check if the responsible party is not prohibited by 2600
division (C)(1) of this section from employinghiring the 2601
applicant in a direct-care position and either of the following 2602
applies:2603

       (a) The chief administrator of the responsible party requests 2604
the criminal records check in accordance with division (F) of this 2605
section not later than five business days after the responsible 2606
party conditionally hires the applicant begins conditional 2607
employment.2608

       (b) The applicant is referred to the responsible party by an 2609
employment service, the employment service or the applicant 2610
provides the chief administrator of the responsible party a letter 2611
that is on the letterhead of the employment service, the letter is 2612
dated and signed by a supervisor or another designated official of 2613
the employment service, and the letter states all of the 2614
following:2615

       (i) That the employment service has requested the 2616
superintendent to conduct a criminal records check regarding the 2617
applicant;2618

       (ii) That the requested criminal records check is to include 2619
a determination of whether the applicant has been convicted of,or2620
pleaded guilty to, or been found eligible for intervention in lieu 2621
of conviction for a disqualifying offense;2622

       (iii) That the employment service has not received the 2623
results of the criminal records check as of the date set forth on 2624
the letter;2625

       (iv) That the employment service promptly will send a copy of 2626
the results of the criminal records check to the chief 2627
administrator of the responsible party when the employment service 2628
receives the results. 2629

       (2) If a responsible party employs an applicant conditionally 2630
hires an applicant pursuant to division (H)(1)(b) of this section, 2631
the employment service, on its receipt of the results of the 2632
criminal records check, promptly shall send a copy of the results 2633
to the chief administrator of the responsible party.2634

       (3) A responsible party that employsconditionally hires an 2635
applicant conditionally pursuant to division (H)(1)(a) or (b) of 2636
this section shall terminate the applicant's employmentremove the 2637
conditionally hired applicant from any job duties that require a 2638
criminal records check if the results of the criminal records 2639
check, other than the results of any request for information from 2640
the federal bureau of investigation, are not obtained within the 2641
period ending sixty days after the date the request for the 2642
criminal records check is made. Regardless2643

       Regardless of when the results of the criminal records check 2644
are obtained, if the results indicate that the conditionally hired2645
applicant has been convicted of,or pleaded guilty to, or been 2646
found eligible for intervention in lieu of conviction for a 2647
disqualifying offense, the responsible party shall terminate the 2648
conditionally hired applicant's employment unless the applicant 2649
meets standards specified in rules adopted under this section that 2650
permit the responsible party to employhire the applicant and the 2651
responsible party chooses to employhire the applicant. 2652
Termination of employment under this division shall be considered 2653
just cause for discharge for purposes of division (D)(2) of 2654
section 4141.29 of the Revised Code if the applicant makes any 2655
attempt to deceive the responsible party about the applicant's 2656
criminal record.2657

       (I) The report of any criminal records check conducted 2658
pursuant to a request made under this section is not a public 2659
record for the purposes of section 149.43 of the Revised Code and 2660
shall not be made available to any person other than the 2661
following:2662

       (1) The applicant or employee who is the subject of the 2663
criminal records check or the applicant's or employee's 2664
representative;2665

       (2) The chief administrator of the responsible party 2666
requesting the criminal records checkrecord or the 2667
administrator's representative;2668

       (3) The administrator of any other facility, agency, or 2669
program that provides community-based long-term care services that 2670
is owned or operated by the same entity that owns or operates the 2671
responsible party that requested the criminal records check;2672

       (4) The employment service that requested the criminal 2673
records check;2674

       (5) The director of aging or a person authorized by the 2675
director to monitor a responsible party's compliance with this 2676
section;2677

       (6) The medicaid director and the staff of the department of 2678
medicaid who are involved in the administration of the medicaid 2679
program if either of the following apply:2680

       (a) In the case of a criminal records check requested by a 2681
provider or subcontractor, the provider or subcontractor also is a 2682
waiver agency;2683

       (b) In the case of a criminal records check requested by an 2684
employment service, the employment service makes the request for 2685
an applicant or employee the employment service refers to a 2686
provider or subcontractor that also is a waiver agency.2687

       (7) A court, hearing officer, or other necessary individual 2688
involved in a case dealing with any of the following:2689

       (a) A denial of employmenthiring of the applicant or of 2690
retention of the employee;2691

       (b) Employment or unemployment benefits of the applicant or 2692
employee;2693

        (c) A civil or criminal action regarding the medicaid program 2694
or a program the department of aging administers.2695

       (J) In a tort or other civil action for damages that is 2696
brought as the result of an injury, death, or loss to person or 2697
property caused by an applicant who a responsible party hires, or 2698
an employee who a responsible party employs, in a direct-care 2699
position, all of the following shall apply:2700

       (1) If the responsible party employedhired the applicant or 2701
retained the employee in good faith and reasonable reliance on the 2702
report of a criminal records check requested under this section, 2703
the responsible party shall not be found negligent solely because 2704
of its reliance on the report, even if the information in the 2705
report is determined later to have been incomplete or inaccurate.2706

       (2) If the responsible party employedconditionally hired the 2707
applicant in good faith on a conditional basis pursuant to 2708
division (H) of this section, the responsible party shall not be 2709
found negligent solely because it employedconditionally hired the 2710
applicant prior to receiving the report of a criminal records 2711
check requested under this section.2712

       (3) If the responsible party in good faith employedhired the 2713
applicant or retained the employee because the applicant or 2714
employee meets standards specified in rules adopted under this 2715
section, the responsible party shall not be found negligent solely 2716
because the applicant or employee has been convicted of,or2717
pleaded guilty to, or been found eligible for intervention in lieu 2718
of conviction for a disqualifying offense.2719

       (K) The director of aging shall adopt rules in accordance 2720
with Chapter 119. of the Revised Code to implement this section.2721

       (1) The rules may do the following:2722

       (a) Require employees to undergo database reviews and 2723
criminal records checks under this section;2724

       (b) If the rules require employees to undergo database 2725
reviews and criminal records checks under this section, exempt one 2726
or more classes of employees from the requirements;2727

       (c) For the purpose of division (E)(7) of this section, 2728
specify other databases that are to be checked as part of a 2729
database review conducted under this section.2730

       (2) The rules shall specify all of the following:2731

       (a) The meaning of the term "subcontractor";2732

       (b) The procedures for conducting database reviews under this 2733
section;2734

       (c) If the rules require employees to undergo database 2735
reviews and criminal records checks under this section, the times 2736
at which the database reviews and criminal records checks are to 2737
be conducted;2738

       (d) If the rules specify other databases to be checked as 2739
part of the database reviews, the circumstances under which a 2740
responsible party is prohibited from employinghiring an applicant 2741
or continuing to employretaining an employee who is found by a 2742
database review to be included in one or more of those databases;2743

        (e) Standards that an applicant or employee must meet for a 2744
responsible party to be permitted to employhire the applicant or 2745
continue to employretain the employee in a direct-care position 2746
if the applicant or employee is found by a criminal records check 2747
required by this section to have been convicted of,or pleaded 2748
guilty to, or been found eligible for intervention in lieu of 2749
conviction for a disqualifying offense. 2750

       Sec. 191.01.  As used in this chapter:2751

       (A) "Administrative safeguards," "availability," 2752
"confidentiality," "integrity," "physical safeguards," and 2753
"technical safeguards" have the same meanings as in 45 C.F.R. 2754
164.304.2755

        (B) "Business associate," "covered entity," "health plan," 2756
"individually identifiable health information," and "protected 2757
health information" have the same meanings as in 45 C.F.R. 2758
160.103.2759

       (C) "Executive director of the office of health 2760
transformation" or "executive director" means the executive 2761
director of the office of health transformation or the chief 2762
administrative officer of a successor governmental entity 2763
responsible for health system oversight in this state.2764

       (D) "Government program providing public benefits" means any 2765
program administered by a state agency that has been identified, 2766
pursuant to section 191.02 of the Revised Code, by the executive 2767
director of the office of health transformation in consultation 2768
with the individuals specified in that section. 2769

       (E) "Office of health transformation" means the office of 2770
health transformation created by executive order 2011-02K.2771

       (F) "Operating protocol" means a protocol adopted by the 2772
executive director of the office of health transformation or the 2773
executive director's designee under division (D) of section 191.06 2774
of the Revised Code.2775

       (G) "Participating agency" means a state agency that 2776
participates in a health transformation initiative as specified in 2777
the one or more operating protocols adopted for the initiative 2778
under division (D) of section 191.06 of the Revised Code.2779

       (H) "Personally identifiable information" means information 2780
that meets both of the following criteria: 2781

       (1) It identifies an individual or there is a reasonable 2782
basis to believe that it may be used to identify an individual;2783

       (2) It relates to an individual's eligibility for, 2784
application for, or receipt of public benefits from a government 2785
program providing public benefits.2786

       (I) "State agency" means each of the following:2787

       (1) The department of administrative services;2788

       (2) The department of aging;2789

       (3) The development services agency;2790

       (4) The department of developmental disabilities;2791

       (5) The department of education;2792

       (6) The department of health;2793

       (7) The department of insurance;2794

       (8) The department of job and family services;2795

       (9) The department of medicaid;2796

       (10) The department of mental health and addiction services;2797

       (11) The department of rehabilitation and correction;2798

       (12) The department of taxation;2799

       (13) The department of veterans services;2800

       (14) The department of youth services;2801

       (15) The opportunities for Ohioans with disabilities agency.2802

       (J) "Unsecured" has the same meaning as in 16 C.F.R. 318.2.2803

       Sec. 340.02.  (A) For each alcohol, drug addiction, and 2804
mental health service district, there shall be appointed a board 2805
of alcohol, drug addiction, and mental health services consisting 2806
of eighteen members or fourteen members. Should the board of 2807
alcohol, drug addiction, and mental health services elect to 2808
remain at eighteen members, as provided under section 340.02 of 2809
the Revised Code as it existed immediately prior to the date of 2810
this amendment, the board of alcohol, drug addiction, and mental 2811
health services and the board of county commissioners shall not be 2812
required to take any action. Should the board of alcohol, drug 2813
addiction, and mental health services elect a recommendation to 2814
become a fourteen-member board, that recommendation must be 2815
approved by the board of county commissioners of the county in 2816
which the alcohol, drug addiction, and mental health district is 2817
located in order for the transition to a fourteen-member board to 2818
occur. Not later than September 30, 2013, each board of alcohol, 2819
drug addiction, and mental health services wishing to become a 2820
fourteen-member board shall notify the board of county 2821
commissioners of that recommendation. Failure of the board of 2822
county commissioners to take action within thirty days after 2823
receipt of the recommendation shall be deemed agreement by the 2824
board of county commissioners to transition to a fourteen-member 2825
board of alcohol, drug addiction, and mental health services. 2826
Should the board of county commissioners reject the 2827
recommendation, the board of county commissioners shall adopt a 2828
resolution stating that rejection within thirty days after receipt 2829
of the recommendation. Upon adoption of the resolution, the board 2830
of county commissioners shall meet with the board of alcohol, drug 2831
addiction, and mental health services to discuss the matter. After 2832
the meeting, the board of county commissioners shall notify the 2833
department of mental health and addiction services of its election 2834
not later than January 1, 2014. In a joint-county district, a 2835
majority of the boards of county commissioners must not reject the 2836
recommendation of a joint-county board to become a fourteen-member 2837
board in order for the transition to a fourteen-member board to 2838
occur. Should the joint-county district have an even number of 2839
counties, and the boards of county commissioners of these counties 2840
tie in terms of whether or not to accept the recommendation of the 2841
alcohol, drug addiction, and mental health services board, the 2842
recommendation of the alcohol, drug addiction, and mental health 2843
service board to become a fourteen-member board shall prevail. The 2844
election shall be final. Failure to provide notice of its election 2845
to the department on or before January 1, 2014, shall constitute 2846
an election to continue to operate as an eighteen-member board, 2847
which election shall also be final. If an existing board provides 2848
timely notice of its election to transition to operate as a 2849
fourteen-member board, the number of board members may decline 2850
from eighteen to fourteen by attrition as current members' terms 2851
expire. However, the composition of the board must reflect the 2852
requirements set forth in this section for fourteen-member boards. 2853
For all boards, half of the members shall be interested in mental 2854
health services and half of the members shall be interested in 2855
alcohol, drug, or gambling addiction services. All members shall 2856
be residents of the service district. The membership shall, as 2857
nearly as possible, reflect the composition of the population of 2858
the service district as to race and sex.2859

        (B) For boards operating as eighteen-member boards, the 2860
director of mental health and addiction services shall appoint 2861
eight members of the board and the board of county commissioners 2862
shall appoint ten members. For boards operating as fourteen-member 2863
boards, the director of mental health and addiction services shall 2864
appoint six members of the board and the board of county 2865
commissioners shall appoint eight members. In a joint-county 2866
district, the county commissioners of each participating county 2867
shall appoint members in as nearly as possible the same proportion 2868
as that county's population bears to the total population of the 2869
district, except that at least one member shall be appointed from 2870
each participating county.2871

       (C) The director of mental health and addiction services 2872
shall ensure that at least one member of the board is a clinician 2873
with experience in the delivery of mental health services, at 2874
least one member of the board is a person who has received or is 2875
receiving mental health services paid for by public funds, at 2876
least one member of the board is a parent or other relative of 2877
such a person, at least one member of the board is a clinician 2878
with experience in the delivery of addiction services, at least 2879
one member of the board is a person who has received or is 2880
receiving addiction services paid for by public funds, and at 2881
least one member of the board is a parent or other relative of 2882
such a person. A single member who meets both qualifications may 2883
fulfill the requirement for a clinician with experience in the 2884
delivery of mental health services and a clinician with experience 2885
in the delivery of addiction services.2886

       (D) No member or employee of a board of alcohol, drug 2887
addiction, and mental health services shall serve as a member of 2888
the board of any provider with which the board of alcohol, drug 2889
addiction, and mental health services has entered into a contract 2890
for the provision of services or facilities. No member of a board 2891
of alcohol, drug addiction, and mental health services shall be an 2892
employee of any provider with which the board has entered into a 2893
contract for the provision of services or facilities. No person 2894
shall be an employee of a board and such a provider unless the 2895
board and provider both agree in writing.2896

       (E) No person shall serve as a member of the board of 2897
alcohol, drug addiction, and mental health services whose spouse, 2898
child, parent, brother, sister, grandchild, stepparent, stepchild, 2899
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law, 2900
daughter-in-law, brother-in-law, or sister-in-law serves as a 2901
member of the board of any provider with which the board of 2902
alcohol, drug addiction, and mental health services has entered 2903
into a contract for the provision of services or facilities. No 2904
person shall serve as a member or employee of the board whose 2905
spouse, child, parent, brother, sister, stepparent, stepchild, 2906
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law, 2907
daughter-in-law, brother-in-law, or sister-in-law serves as a 2908
county commissioner of a county or counties in the alcohol, drug 2909
addiction, and mental health service district.2910

       (F) Each year each board member shall attend at least one 2911
inservice training session provided or approved by the department 2912
of mental health and addiction services. 2913

        (G) For boards operating as eighteen-member boards, each 2914
member shall be appointed for a term of four years, commencing the 2915
first day of July, except that one-third of initial appointments 2916
to a newly established board, and to the extent possible to 2917
expanded boards, shall be for terms of two years, one-third of 2918
initial appointments shall be for terms of three years, and 2919
one-third of initial appointments shall be for terms of four 2920
years. For boards operating as fourteen-member boards, each member 2921
shall be appointed for a term of four years, commencing the first 2922
day of July, except that four of the initial appointments to a 2923
newly established board, and to the extent possible to expanded 2924
boards, shall be for terms of two years, five initial appointments 2925
shall be for terms of three years, and five initial appointments 2926
shall be for terms of four years. No member shall serve more than 2927
two consecutive four-year terms under the same appointing 2928
authority. A member may serve for three consecutive terms under 2929
the same appointing authority only if one of the terms is for less 2930
than two years. A member who has served two consecutive four-year 2931
terms or three consecutive terms totaling less than ten years is 2932
eligible for reappointment by the same appointing authority one 2933
year following the end of the second or third term, respectively.2934

       When a vacancy occurs, appointment for the expired or 2935
unexpired term shall be made in the same manner as an original 2936
appointment. The appointing authority shall be notified by 2937
certified mail of any vacancy and shall fill the vacancy within 2938
sixty days following that notice.2939

       Any member of the board may be removed from office by the 2940
appointing authority for neglect of duty, misconduct, or 2941
malfeasance in office, and shall be removed by the appointing 2942
authority if the member is barred by this section from serving as 2943
a board member. The member shall be informed in writing of the 2944
charges and afforded an opportunity for a hearing. Upon the 2945
absence of a member within one year from either four board 2946
meetings or from two board meetings without prior notice, the 2947
board shall notify the appointing authority, which may vacate the 2948
appointment and appoint another person to complete the member's 2949
term.2950

       Members of the board shall serve without compensation, but 2951
shall be reimbursed for actual and necessary expenses incurred in 2952
the performance of their official duties, as defined by rules of 2953
the department of mental health and addiction services.2954

       Sec. 340.021.  (A) In an alcohol, drug addiction, and mental 2955
health service district where the board of county commissioners 2956
has established an alcohol and drug addiction services board, the 2957
community mental health board established under former section 2958
340.02 of the Revised Code shall serve as the entity responsible 2959
for providing mental health services in the county. A community 2960
mental health board has all the powers, duties, and obligations of 2961
a board of alcohol, drug addiction, and mental health services 2962
with regard to mental health services. An alcohol and drug 2963
addiction services board has all the powers, duties, and 2964
obligations of a board of alcohol, drug addiction, and mental 2965
health services with regard to addiction services. Any provision 2966
of the Revised Code that refers to a board of alcohol, drug 2967
addiction, and mental health services with regard to mental health 2968
services also refers to a community mental health board and any 2969
provision that refers to a board of alcohol, drug addiction, and 2970
mental health services with regard to alcohol and drug addiction 2971
services also refers to an alcohol and drug addiction services 2972
board.2973

       An alcohol and drug addiction services board shall consist of 2974
eighteen members or fourteen members, at the election of the 2975
board. Not later than January 1, 2014, each alcohol and drug 2976
addiction services board shall notify the department of mental 2977
health and addiction services of its election to operate as an 2978
eighteen-member board or to operate as a fourteen-member board. 2979
The election shall be final. Failure to provide notice of its 2980
election to the department on or before January 1, 2014, shall 2981
constitute an election to continue to operate as an 2982
eighteen-member board. If an existing board provides timely notice 2983
of its election to operate as a fourteen-member board, the number 2984
of board members may decline from eighteen to fourteen by 2985
attrition as current members' terms expire. However, the 2986
composition of the board must reflect the requirements set forth 2987
in this section and in applicable provisions of section 340.02 of 2988
the Revised Code for fourteen-member boards. For boards operating 2989
as eighteen-member boards, six members shall be appointed by the 2990
director of mental health and addiction services and twelve 2991
members shall be appointed by the board of county commissioners. 2992
The director of mental health and addiction services shall ensure 2993
that at least one member of the board is a person who has received 2994
or is receiving services for alcohol, drug, or gambling addiction 2995
paid for with public funds, at least one member is a parent or 2996
relative of such a person, and at least one member is a clinician 2997
with experience in the delivery of addiction services. The 2998
membership of the board shall, as nearly as possible, reflect the 2999
composition of the population of the service district as to race 3000
and sex. Members shall be residents of the service district and 3001
shall be interested in alcohol, drug, or gambling addiction 3002
services. Requirements for membership, including prohibitions 3003
against certain family and business relationships, and terms of 3004
office shall be the same as those for members of boards of 3005
alcohol, drug addiction, and mental health services.3006

        A community mental health board shall consist of eighteen 3007
members or fourteen members, at the election of the board. Not 3008
later than January 1, 2014, each community mental health board 3009
shall notify the department of mental health and addiction 3010
services of its election to operate as an eighteen-member board or 3011
to operate as a fourteen-member board. The election shall be 3012
final. Failure to provide notice of its election to the department 3013
on or before January 1, 2014, shall constitute an election to 3014
continue to operate as an eighteen-member board. If an existing 3015
board provides timely notice of its election to operate as a 3016
fourteen-member board, the number of board members may decline 3017
from eighteen to fourteen by attrition as current members' terms 3018
expire. However, the composition of the board must reflect the 3019
requirements set forth in this section and in applicable 3020
provisions of section 340.02 of the Revised Code for 3021
fourteen-member boards. For boards operating as eighteen-member 3022
boards, six members shall be appointed by the director of mental 3023
health and addiction services and twelve members shall be 3024
appointed by the board of county commissioners. The director of 3025
mental health and addiction services shall ensure that at least 3026
one member of the board is a person who has received or is 3027
receiving mental health services paid for with public funds, at 3028
least one member is a parent or relative of such a person, and at 3029
least one member is a clinician with experience in the delivery of 3030
mental health services. The membership of the board as nearly as 3031
possible shall reflect the composition of the population of the 3032
service district as to race and sex. Members shall be residents of 3033
the service district and shall be interested in mental health 3034
services. Requirements for membership, including prohibitions 3035
against certain family and business relationships, and terms of 3036
office shall be the same as those for members of boards of 3037
alcohol, drug addiction, and mental health services.3038

       (B)(1) If a board of county commissioners subject to division 3039
(A) of this section did not adopt a final resolution providing for 3040
a board of alcohol, drug addiction, and mental health services on 3041
or before July 1, 2007, the board of county commissioners may 3042
establish a board of alcohol, drug addiction, and mental health 3043
services on or after the effective date of this amendment3044
September 23, 2008. To establish the board, the board of county 3045
commissioners shall adopt a resolution providing for the board's 3046
establishment. The composition of the board, the procedures for 3047
appointing members, and all other matters related to the board and 3048
its members are subject to section 340.02 of the Revised Code, 3049
with the following exceptions:3050

       (a) For initial appointments to the board, the county's 3051
community mental health board and alcohol and drug addiction 3052
services board shall jointly recommend members of those boards for 3053
reappointment and shall submit the recommendations to the board of 3054
county commissioners and the director of mental health and 3055
addiction services.3056

       (b) To the greatest extent possible, the appointing 3057
authorities shall appoint the initial members from among the 3058
members jointly recommended under division (B)(1)(a) of this 3059
section.3060

       (2) If a board of alcohol, drug addiction, and mental health 3061
services is established pursuant to division (B)(1) of this 3062
section, the board has the same rights, privileges, immunities, 3063
powers, and duties that were possessed by the county's community 3064
mental health board and alcohol and drug addiction services board. 3065
When the board is established, all property and obligations of the 3066
community mental health board and alcohol and drug addiction 3067
services board shall be transferred to the board of alcohol, drug 3068
addiction, and mental health services.3069

       Sec. 1321.535. (A) Each applicant for a mortgage loan 3070
originator license shall submit to a written test that is 3071
developed and approved by the nationwide mortgage licensing system 3072
and registry and administered by a test provider approved by the 3073
nationwide mortgage licensing system and registry based upon 3074
reasonable standards.3075

       (1)(A) The test shall adequately measure the applicant's 3076
knowledge and comprehension in appropriate subject matters, 3077
including ethics and federal and state law related to mortgage 3078
origination, fraud, consumer protection, the nontraditional 3079
mortgage marketplace, and fair lending issues.3080

       (2)(B) An individual shall not be considered to have passed 3081
the test unless the individual achieves a test score ofanswers at 3082
least seventy-five per cent correct answers on allof the3083
questions and at least seventy-five per cent correct answers on 3084
all questions relating to Ohio mortgage lending laws and the Ohio 3085
consumer sales practices act, Chapter 1345. of the Revised Code, 3086
as it applies to registrants and licenseescorrectly.3087

       (3)(C) An individual may retake the test three consecutive 3088
times provided the period between taking the tests is at least 3089
thirty days.3090

       (4)(D) After failing three consecutive tests, an individual 3091
shall be required to wait at least six months before taking the 3092
test again.3093

       (5)(E) If a mortgage loan originator fails to maintain a 3094
valid license for a period of five years or longer, the individual 3095
shall be required to retake the test. For this purpose, any time 3096
during which the individual is a registered mortgage loan 3097
originator shall not be taken into account.3098

       (B) Notwithstanding division (A) of this section, if the 3099
nationwide mortgage licensing system and registry fails to have in 3100
place a testing process that meets the criteria set forth in that 3101
division, the superintendent shall require, until that process is 3102
in place, evidence that the mortgage loan originator applicant 3103
passed a written test acceptable to the superintendent.3104

       Sec. 1321.55.  (A) Every registrant shall keep records 3105
pertaining to loans made under sections 1321.51 to 1321.60 of the 3106
Revised Code. Such records shall be segregated from records 3107
pertaining to transactions that are not subject to these sections 3108
of the Revised Code. Every registrant shall preserve records 3109
pertaining to loans made under sections 1321.51 to 1321.60 of the 3110
Revised Code for at least two years after making the final entry 3111
on such records. Accounting systems maintained in whole or in part 3112
by mechanical or electronic data processing methods that provide 3113
information equivalent to that otherwise required are acceptable 3114
for this purpose. At least once each eighteen-month cycle, the 3115
division of financial institutions shall make or cause to be made 3116
an examination of records pertaining to loans made under sections 3117
1321.51 to 1321.60 of the Revised Code, for the purpose of 3118
determining whether the registrant is complying with these 3119
sections and of verifying the registrant's annual report.3120

       (B)(1) As required by the superintendent of financial 3121
institutions, each registrant shall file with the division each 3122
year aan annual report under oath or affirmation, on forms 3123
supplied by the division, concerning the business and operations 3124
for the preceding calendar year. Whenever a registrant operates 3125
two or more registered offices or whenever two or more affiliated 3126
registrants operate registered offices, then a composite report of 3127
the group of registered offices may be filed in lieu of individual 3128
reports. For purposes of compliance with this requirement, the 3129
superintendent may accept call reports or other reports of 3130
condition submitted to the nationwide mortgage licensing system 3131
and registry in lieu of the annual report.3132

       (2) The divisionsuperintendent shall publish annually an 3133
analysis of the information required under divisiondivisions3134
(B)(1) and (3) of this section, but the individual reports, 3135
whether filed with the superintendent or the nationwide mortgage 3136
licensing system and registry, shall not be public records and 3137
shall not be open to public inspection.3138

       (3) Each mortgage licensee shall submit to the nationwide 3139
mortgage licensing system and registry call reports or other 3140
reports of condition, which shall be in such form and shall 3141
contain such information as the nationwide mortgage licensing 3142
system and registry may require.3143

       (C)(1) The following information is confidential:3144

       (a) Examination information, and any information leading to 3145
or arising from an examination;3146

       (b) Investigation information, and any information arising 3147
from or leading to an investigation.3148

       (2) The information described in division (C)(1) of this 3149
section shall remain confidential for all purposes except when it 3150
is necessary for the superintendent to take official action 3151
regarding the affairs of a registrant or licensee, or in 3152
connection with criminal or civil proceedings to be initiated by a 3153
prosecuting attorney or the attorney general. This information may 3154
also be introduced into evidence or disclosed when and in the 3155
manner authorized by section 1181.25 of the Revised Code.3156

       (D) All application information, except social security 3157
numbers, employer identification numbers, financial account 3158
numbers, the identity of the institution where financial accounts 3159
are maintained, personal financial information, fingerprint cards 3160
and the information contained on such cards, and criminal 3161
background information, is a public record as defined in section 3162
149.43 of the Revised Code.3163

       (E) This section does not prevent the division of financial 3164
institutions from releasing to or exchanging with other financial 3165
institution regulatory authorities information relating to 3166
registrants and licensees. For this purpose, a "financial 3167
institution regulatory authority" includes a regulator of a 3168
business activity in which a registrant or licensee is engaged, or 3169
has applied to engage in, to the extent that the regulator has 3170
jurisdiction over a registrant or licensee engaged in that 3171
business activity. A registrant or licensee is engaged in a 3172
business activity, and a regulator of that business activity has 3173
jurisdiction over the registrant or licensee, whether the 3174
registrant or licensee conducts the activity directly or a 3175
subsidiary or affiliate of the registrant or licensee conducts the 3176
activity. 3177

       (1) Any confidentiality or privilege arising under federal or 3178
state law with respect to any information or material provided to 3179
the nationwide mortgage licensing system and registry shall 3180
continue to apply to the information or material after the 3181
information or material has been provided to the nationwide 3182
mortgage licensing system and registry. The information and 3183
material so provided may be shared with all state and federal 3184
regulatory officials with mortgage industry oversight authority 3185
without the loss of confidentiality or privilege protections 3186
provided by federal law or the law of any state. Information or 3187
material described in division (E)(1) of this section to which 3188
confidentiality or privilege applies shall not be subject to any 3189
of the following: 3190

       (a) Disclosure under any federal or state law governing 3191
disclosure to the public of information held by an officer or an 3192
agency of the federal government or of the respective state; 3193

       (b) Subpoena or discovery, or admission into evidence, in any 3194
private civil action or administrative process, unless the person 3195
to whom such information or material pertains waives, in whole or 3196
in part and at the discretion of the person, any privilege held by 3197
the nationwide mortgage licensing system and registry with respect 3198
to that information or material.3199

       (2) The superintendent, in order to promote more effective 3200
regulation and reduce regulatory burden through supervisory 3201
information sharing, may enter into sharing arrangements with 3202
other governmental agencies, the conference of state bank 3203
supervisors, and the American association of residential mortgage 3204
regulators. 3205

       (3) Any state law, including section 149.43 of the Revised 3206
Code, relating to the disclosure of confidential supervisory 3207
information or any information or material described in division 3208
(C)(1) or (E)(1) of this section that is inconsistent with this 3209
section shall be superseded by the requirements of this section.3210

       (F) This section shall not apply with respect to information 3211
or material relating to the employment history of, and publicly 3212
adjudicated disciplinary and enforcement actions against, mortgage 3213
loan originators that is included in the nationwide mortgage 3214
licensing system and registry for access by the public.3215

       (G) This section does not prevent the division from releasing 3216
information relating to registrants and licensees to the attorney 3217
general, to the superintendent of real estate and professional 3218
licensing for purposes relating to the administration of Chapters 3219
4735. and 4763. of the Revised Code, to the superintendent of 3220
insurance for purposes relating to the administration of Chapter 3221
3953. of the Revised Code, to the commissioner of securities for 3222
purposes relating to the administration of Chapter 1707. of the 3223
Revised Code, or to local law enforcement agencies and local 3224
prosecutors. Information the division releases pursuant to this 3225
section remains confidential.3226

       (H) The superintendent of financial institutions shall, by 3227
rule adopted in accordance with Chapter 119. of the Revised Code, 3228
establish a process by which mortgage loan originators may 3229
challenge information provided to the nationwide mortgage 3230
licensing system and registry by the superintendent. 3231

       (I) No person, in connection with any examination or 3232
investigation conducted by the superintendent under sections 3233
1321.51 to 1321.60 of the Revised Code, shall knowingly do any of 3234
the following:3235

       (1) Circumvent, interfere with, obstruct, or fail to 3236
cooperate, including making a false or misleading statement, 3237
failing to produce records, or intimidating or suborning any 3238
witness;3239

       (2) Withhold, abstract, remove, mutilate, destroy, or secrete 3240
any books, records, computer records, or other information; 3241

       (3) Tamper with, alter, or manufacture any evidence.3242

       Sec. 1322.03.  (A) An application for a certificate of 3243
registration as a mortgage broker shall be in writing, under oath, 3244
and in the form prescribed by the superintendent of financial 3245
institutions. The application shall be accompanied by a 3246
nonrefundable application fee of five hundred dollars for each 3247
location of an office to be maintained by the applicant in 3248
accordance with division (A) of section 1322.02 of the Revised 3249
Code and any additional fee required by the nationwide mortgage 3250
licensing system and registry. The application shall provide all 3251
of the following:3252

       (1) The location or locations where the business is to be 3253
transacted and whether any location is a residence. If any 3254
location where the business is to be transacted is a residence, 3255
the superintendent may require that the application be accompanied 3256
by a copy of a zoning permit authorizing the use of the residence 3257
for commercial purposes, or by a written opinion or other document 3258
issued by the county or political subdivision where the residence 3259
is located certifying that the use of the residence to transact 3260
business as a mortgage broker is not prohibited by the county or 3261
political subdivision. 3262

       (2)(a) In the case of a sole proprietor, the name and address 3263
of the sole proprietor;3264

       (b) In the case of a partnership, the name and address of 3265
each partner;3266

       (c) In the case of a corporation, the name and address of 3267
each shareholder owning five per cent or more of the corporation;3268

       (d) In the case of any other entity, the name and address of 3269
any person that owns five per cent or more of the entity that will 3270
transact business as a mortgage broker.3271

       (3) Each applicant shall designate an employee or owner of 3272
the applicant as the applicant's operations manager. While acting 3273
as the operations manager, the employee or owner shall be licensed 3274
as a loan originator under sections 1322.01 to 1322.12 of the 3275
Revised Code and shall not be employed by any other mortgage 3276
broker.3277

       (4) Evidence that the person designated on the application 3278
pursuant to division (A)(3) of this section possesses at least 3279
three years of experience in the residential mortgage and lending 3280
field, which experience may include employment with or as a 3281
mortgage broker or with a depository institution, mortgage lending 3282
institution, or other lending institution, or possesses at least 3283
three years of other experience related specifically to the 3284
business of residential mortgage loans that the superintendent 3285
determines meets the requirements of division (A)(4) of this 3286
section;3287

       (5) Evidence that the person designated on the application 3288
pursuant to division (A)(3) of this section has successfully 3289
completed the pre-licensing instruction requirements set forth in 3290
section 1322.031 of the Revised Code;3291

       (6) Evidence of compliance with the surety bond requirements 3292
of section 1322.05 of the Revised Code and with sections 1322.01 3293
to 1322.12 of the Revised Code;3294

       (7) In the case of a foreign business entity, evidence that 3295
it maintains a license or registration pursuant to Chapter 1703., 3296
1705., 1775., 1776., 1777., 1782., or 1783. of the Revised Code to 3297
transact business in this state;3298

       (8) Evidence that the applicant's operations manager has 3299
successfully completed the written test required under division 3300
(A) ofby section 1322.051 of the Revised Code;3301

       (9) Any further information that the superintendent requires.3302

       (B) Upon the filing of the application and payment of the 3303
nonrefundable application fee and any fee required by the 3304
nationwide mortgage licensing system and registry, the 3305
superintendent of financial institutions shall investigate the 3306
applicant, and any individual whose identity is required to be 3307
disclosed in the application, as set forth in division (B) of this 3308
section.3309

       (1)(a) Notwithstanding division (K) of section 121.08 of the 3310
Revised Code, the superintendent shall obtain a criminal history 3311
records check and, as part of that records check, request that 3312
criminal record information from the federal bureau of 3313
investigation be obtained. To fulfill this requirement, the 3314
superintendent shall do either of the following:3315

       (i) Request the superintendent of the bureau of criminal 3316
identification and investigation, or a vendor approved by the 3317
bureau, to conduct a criminal records check based on the 3318
applicant's fingerprints or, if the fingerprints are unreadable, 3319
based on the applicant's social security number, in accordance 3320
with division (A)(12) of section 109.572 of the Revised Code;3321

       (ii) Authorize the nationwide mortgage licensing system and 3322
registry to request a criminal history background check. 3323

       (b) Any fee required under division (C)(3) of section 109.572 3324
of the Revised Code or by the nationwide mortgage licensing system 3325
and registry shall be paid by the applicant.3326

       (2) The superintendent shall conduct a civil records check. 3327

       (3) If, in order to issue a certificate of registration to an 3328
applicant, additional investigation by the superintendent outside 3329
this state is necessary, the superintendent may require the 3330
applicant to advance sufficient funds to pay the actual expenses 3331
of the investigation, if it appears that these expenses will 3332
exceed five hundred dollars. The superintendent shall provide the 3333
applicant with an itemized statement of the actual expenses that 3334
the applicant is required to pay.3335

       (C) The superintendent shall pay all funds advanced and 3336
application and renewal fees and penalties the superintendent 3337
receives pursuant to this section and section 1322.04 of the 3338
Revised Code to the treasurer of state to the credit of the 3339
consumer finance fund created in section 1321.21 of the Revised 3340
Code.3341

       (D) If an application for a mortgage broker certificate of 3342
registration does not contain all of the information required 3343
under division (A) of this section, and if that information is not 3344
submitted to the superintendent or to the nationwide mortgage 3345
licensing system and registry within ninety days after the 3346
superintendent or the nationwide mortgage licensing system and 3347
registry requests the information in writing, including by 3348
electronic transmission or facsimile, the superintendent may 3349
consider the application withdrawn.3350

       (E) A mortgage broker certificate of registration and the 3351
authority granted under that certificate is not transferable or 3352
assignable and cannot be franchised by contract or any other 3353
means.3354

       (F) The registration requirements of this chapter apply to 3355
any person acting as a mortgage broker, and no person is exempt 3356
from the requirements of this chapter on the basis of prior work 3357
or employment as a mortgage broker.3358

       (G) The superintendent may establish relationships or enter 3359
into contracts with the nationwide mortgage licensing system and 3360
registry, or any entities designated by it, to collect and 3361
maintain records and process transaction fees or other fees 3362
related to mortgage broker certificates of registration or the 3363
persons associated with a mortgage broker.3364

       Sec. 1322.031. (A) An application for a license as a loan 3365
originator shall be in writing, under oath, and in the form 3366
prescribed by the superintendent of financial institutions. The 3367
application shall be accompanied by a nonrefundable application 3368
fee of one hundred fifty dollars and any additional fee required 3369
by the nationwide mortgage licensing system and registry.3370

       (B)(1) The application shall provide evidence, acceptable to 3371
the superintendent, that the applicant has successfully completed 3372
at least twenty-four hours of pre-licensing instruction consisting 3373
of all of the following:3374

       (a) Twenty hours of instruction in a course or program of 3375
study reviewed and approved by the nationwide mortgage licensing 3376
system and registry;3377

       (b) Four hours of instruction in a course or program of study 3378
reviewed and approved by the superintendent concerning state 3379
lending laws and the Ohio consumer sales practices act, Chapter 3380
1345. of the Revised Code, as it applies to registrants and 3381
licensees.3382

       (2) Notwithstanding division (B)(1) of this section, until 3383
the nationwide mortgage licensing system and registry implements a 3384
review and approval program, the application shall provide 3385
evidence, as determined by the superintendent, that the applicant 3386
has successfully completed at least twenty-four hours of 3387
instruction in a course or program of study approved by the 3388
superintendent that consists of at least all of the following:3389

       (a) Four hours of instruction concerning state and federal 3390
mortgage lending laws, which shall include no less than two hours 3391
on this chapter;3392

       (b) Four hours of instruction concerning the Ohio consumer 3393
sales practices act, Chapter 1345. of the Revised Code, as it 3394
applies to registrants and licensees;3395

       (c) Four hours of instruction concerning the loan application 3396
process;3397

       (d) Two hours of instruction concerning the underwriting 3398
process;3399

       (e) Two hours of instruction concerning the secondary market 3400
for mortgage loans;3401

       (f) Four hours of instruction concerning the loan closing 3402
process;3403

       (g) Two hours of instruction covering basic mortgage 3404
financing concepts and terms;3405

       (h) Two hours of instruction concerning the ethical 3406
responsibilities of a registrant and a licensee, including with 3407
respect to confidentiality, consumer counseling, and the duties 3408
and standards of care created in section 1322.081 of the Revised 3409
Code.3410

       (3) For purposes of division (B)(1)(a) of this section, the 3411
review and approval of a course or program of study includes the 3412
review and approval of the provider of the course or program of 3413
study.3414

       (4) If an applicant held a valid loan originator license 3415
issued by this state at any time during the immediately preceding 3416
five-year period, the applicant shall not be required to complete 3417
any additional pre-licensing instruction. For this purpose, any 3418
time during which the individual is a registered loan originator 3419
shall not be taken into account.3420

       (5) A person having successfully completed the pre-licensing 3421
education requirement reviewed and approved by the nationwide 3422
mortgage licensing system and registry for any state within the 3423
previous five years shall be granted credit toward completion of 3424
the pre-licensing education requirement of this state.3425

       (C) In addition to the information required under division 3426
(B) of this section, the application shall provide both of the 3427
following:3428

       (1) Evidence that the applicant passed a written test that 3429
meets the requirements described in division (B) of section 3430
1322.051 of the Revised Code;3431

       (2) Any further information that the superintendent requires.3432

       (D) Upon the filing of the application and payment of the 3433
application fee and any fee required by the nationwide mortgage 3434
licensing system and registry, the superintendent of financial 3435
institutions shall investigate the applicant as set forth in 3436
division (D) of this section. 3437

        (1)(a) Notwithstanding division (K) of section 121.08 of the 3438
Revised Code, the superintendent shall obtain a criminal history 3439
records check and, as part of the records check, request that 3440
criminal record information from the federal bureau of 3441
investigation be obtained. To fulfill this requirement, the 3442
superintendent shall do either of the following:3443

       (i) Request the superintendent of the bureau of criminal 3444
identification and investigation, or a vendor approved by the 3445
bureau, to conduct a criminal records check based on the 3446
applicant's fingerprints or, if the fingerprints are unreadable, 3447
based on the applicant's social security number, in accordance 3448
with division (A)(12) of section 109.572 of the Revised Code;3449

       (ii) Authorize the nationwide mortgage licensing system and 3450
registry to request a criminal history background check. 3451

       (b) Any fee required under division (C)(3) of section 109.572 3452
of the Revised Code or by the nationwide mortgage licensing system 3453
and registry shall be paid by the applicant.3454

       (2) The superintendent shall conduct a civil records check. 3455

       (3) If, in order to issue a license to an applicant, 3456
additional investigation by the superintendent outside this state 3457
is necessary, the superintendent may require the applicant to 3458
advance sufficient funds to pay the actual expenses of the 3459
investigation, if it appears that these expenses will exceed one 3460
hundred fifty dollars. The superintendent shall provide the 3461
applicant with an itemized statement of the actual expenses that 3462
the applicant is required to pay.3463

       (E)(1) In connection with applying for a loan originator 3464
license, the applicant shall furnish to the nationwide mortgage 3465
licensing system and registry the following information concerning 3466
the applicant's identity:3467

       (a) The applicant's fingerprints for submission to the 3468
federal bureau of investigation, and any other governmental agency 3469
or entity authorized to receive such information, for purposes of 3470
a state, national, and international criminal history background 3471
check;3472

       (b) Personal history and experience in a form prescribed by 3473
the nationwide mortgage licensing system and registry, along with 3474
authorization for the superintendent and the nationwide mortgage 3475
licensing system and registry to obtain the following:3476

       (i) An independent credit report from a consumer reporting 3477
agency;3478

       (ii) Information related to any administrative, civil, or 3479
criminal findings by any governmental jurisdiction. 3480

       (2) In order to effectuate the purposes of divisions 3481
(E)(1)(a) and (E)(1)(b)(ii) of this section, the superintendent 3482
may use the conference of state bank supervisors, or a wholly 3483
owned subsidiary, as a channeling agent for requesting information 3484
from and distributing information to the United States department 3485
of justice or any other governmental agency. The superintendent 3486
may also use the nationwide mortgage licensing system and registry 3487
as a channeling agent for requesting information from and 3488
distributing information to any source related to matters subject 3489
to those divisions of this section.3490

        (F) The superintendent shall pay all funds advanced and 3491
application and renewal fees and penalties the superintendent 3492
receives pursuant to this section and section 1322.041 of the 3493
Revised Code to the treasurer of state to the credit of the 3494
consumer finance fund created in section 1321.21 of the Revised 3495
Code.3496

       (G) If an application for a loan originator license does not 3497
contain all of the information required under this section, and if 3498
that information is not submitted to the superintendent or to the 3499
nationwide mortgage licensing system and registry within ninety 3500
days after the superintendent or the nationwide mortgage licensing 3501
system and registry requests the information in writing, including 3502
by electronic transmission or facsimile, the superintendent may 3503
consider the application withdrawn.3504

       (H)(1) The business of a loan originator shall principally be 3505
transacted at an office of the mortgage broker with whom the 3506
licensee is employed or associated, which office is registered in 3507
accordance with division (A) of section 1322.02 of the Revised 3508
Code. Each original loan originator license shall be deposited 3509
with and maintained by the mortgage broker at the mortgage 3510
broker's main office. A copy of the license shall be maintained 3511
and displayed at the office where the loan originator principally 3512
transacts business.3513

       (2) If a loan originator's employment or association is 3514
terminated for any reason, the mortgage broker shall return the 3515
original loan originator license to the superintendent within five 3516
business days after the termination. The licensee may request the 3517
transfer of the license to another mortgage broker by submitting a 3518
transfer application, along with a fifteen dollar fee and any fee 3519
required by the national mortgage licensing system and registry, 3520
to the superintendent or may request the superintendent in writing 3521
to hold the license in escrow. Any licensee whose license is held 3522
in escrow shall cease activity as a loan originator. A licensee 3523
whose license is held in escrow shall be required to apply for 3524
renewal annually and to comply with the annual continuing 3525
education requirement.3526

       (3) A mortgage broker may employ or be associated with a loan 3527
originator on a temporary basis pending the transfer of the loan 3528
originator's license to the mortgage broker, if the mortgage 3529
broker receives written confirmation from the superintendent that 3530
the loan originator is licensed under sections 1322.01 to 1322.12 3531
of the Revised Code.3532

       (4) Notwithstanding divisions (H)(1) to (3) of this section, 3533
if a licensee is employed by or associated with a person or entity 3534
listed in division (G)(2) of section 1322.01 of the Revised Code, 3535
all of the following apply:3536

       (a) The licensee shall maintain and display the original loan 3537
originator license at the office where the licensee principally 3538
transacts business;3539

       (b) If the loan originator's employment or association is 3540
terminated, the loan originator shall return the original loan 3541
originator license to the superintendent within five business days 3542
after termination. The licensee may request the transfer of the 3543
license to a mortgage broker or another person or entity listed in 3544
division (G)(2) of section 1322.01 of the Revised Code by 3545
submitting a transfer application, along with a fifteen-dollar fee 3546
and any fee required by the national mortgage licensing system and 3547
registry, to the superintendent or may request the superintendent 3548
in writing to hold the license in escrow. A licensee whose license 3549
is held in escrow shall cease activity as a loan originator. A 3550
licensee whose license is held in escrow shall be required to 3551
apply for renewal annually and to comply with the annual 3552
continuing education requirement.3553

       (c) The licensee may seek to be employed or associated with a 3554
mortgage broker or person or entity listed in division (G)(2) of 3555
section 1322.01 of the Revised Code if the mortgage broker or 3556
person or entity receives written confirmation from the 3557
superintendent that the loan originator is licensed under sections 3558
1322.01 to 1322.12 of the Revised Code.3559

       (I) The superintendent may establish relationships or enter 3560
into contracts with the nationwide mortgage licensing system and 3561
registry, or any entities designated by it, to collect and 3562
maintain records and process transaction fees or other fees 3563
related to loan originator licenses or the persons associated with 3564
a licensee.3565

        (J) A loan originator license, or the authority granted under 3566
that license, is not assignable and cannot be franchised by 3567
contract or any other means.3568

       Sec. 1322.04.  (A) Upon the conclusion of the investigation 3569
required under division (B) of section 1322.03 of the Revised 3570
Code, the superintendent of financial institutions shall issue a 3571
certificate of registration to the applicant if the superintendent 3572
finds that the following conditions are met:3573

       (1) The application is accompanied by the application fee and 3574
any fee required by the nationwide mortgage licensing system and 3575
registry. 3576

        (a) If a check or other draft instrument is returned to the 3577
superintendent for insufficient funds, the superintendent shall 3578
notify the applicant by certified mail, return receipt requested, 3579
that the application will be withdrawn unless the applicant, 3580
within thirty days after receipt of the notice, submits the 3581
application fee and a one-hundred-dollar penalty to the 3582
superintendent. If the applicant does not submit the application 3583
fee and penalty within that time period, or if any check or other 3584
draft instrument used to pay the fee or penalty is returned to the 3585
superintendent for insufficient funds, the application shall be 3586
withdrawn.3587

        (b) If a check or other draft instrument is returned to the 3588
superintendent for insufficient funds after the certificate of 3589
registration has been issued, the superintendent shall notify the 3590
registrant by certified mail, return receipt requested, that the 3591
certificate of registration issued in reliance on the check or 3592
other draft instrument will be canceled unless the registrant, 3593
within thirty days after receipt of the notice, submits the 3594
application fee and a one-hundred-dollar penalty to the 3595
superintendent. If the registrant does not submit the application 3596
fee and penalty within that time period, or if any check or other 3597
draft instrument used to pay the fee or penalty is returned to the 3598
superintendent for insufficient funds, the certificate of 3599
registration shall be canceled immediately without a hearing, and 3600
the registrant shall cease activity as a mortgage broker.3601

       (2) If the application is for a location that is a residence, 3602
evidence that the use of the residence to transact business as a 3603
mortgage broker is not prohibited.3604

       (3) The person designated on the application pursuant to 3605
division (A)(3) of section 1322.03 of the Revised Code meets the 3606
experience requirements provided in division (A)(4) of section 3607
1322.03 of the Revised Code and the education requirements set 3608
forth in division (A)(5) of section 1322.03 of the Revised Code.3609

       (4) The applicant maintains all necessary filings and 3610
approvals required by the secretary of state.3611

       (5) The applicant complies with the surety bond requirements 3612
of section 1322.05 of the Revised Code.3613

       (6) The applicant complies with sections 1322.01 to 1322.12 3614
of the Revised Code and the rules adopted thereunder.3615

       (7) Neither the applicant nor any person whose identity is 3616
required to be disclosed on an application for a mortgage broker 3617
certificate of registration has had a mortgage broker certificate 3618
of registration or loan originator license, or any comparable 3619
authority, revoked in any governmental jurisdiction or has pleaded 3620
guilty or nolo contendere to or been convicted of any of the 3621
following in a domestic, foreign, or military court:3622

       (a) During the seven-year period immediately preceding the 3623
date of application for the certificate of registration, a 3624
misdemeanor involving theft or any felony;3625

       (b) At any time prior to the date the application for the 3626
certificate of registration is approved, a felony involving an act 3627
of fraud, dishonesty, a breach of trust, theft, or money 3628
laundering.3629

       (8) Based on the totality of the circumstances and 3630
information submitted in the application, the applicant has proven 3631
to the superintendent, by a preponderance of the evidence, that 3632
the applicant is of good business repute, appears qualified to act 3633
as a mortgage broker, has fully complied with sections 1322.01 to 3634
1322.12 of the Revised Code and the rules adopted thereunder, and 3635
meets all of the conditions for issuing a mortgage broker 3636
certificate of registration.3637

       (9) The applicant's operations manager successfully completed 3638
the examination required under division (A) ofby section 1322.051 3639
of the Revised Code.3640

       (10) The applicant's financial responsibility, experience, 3641
character, and general fitness command the confidence of the 3642
public and warrant the belief that the business will be operated 3643
honestly and fairly in compliance with the purposes of sections 3644
1322.01 to 1322.12 of the Revised Code and the rules adopted 3645
thereunder. The superintendent shall not use a credit score as the 3646
sole basis for registration denial.3647

       (B) For purposes of determining whether an applicant that is 3648
a partnership, corporation, or other business entity or 3649
association has met the conditions set forth in divisions (A)(7), 3650
(A)(8), and (A)(10) of this section, the superintendent shall 3651
determine which partners, shareholders, or persons named in the 3652
application pursuant to division (A)(2) of section 1322.03 of the 3653
Revised Code must meet the conditions set forth in divisions 3654
(A)(7), (A)(8), and (A)(10) of this section. This determination 3655
shall be based on the extent and nature of the partner's, 3656
shareholder's, or person's ownership interest in the partnership, 3657
corporation, or other business entity or association that is the 3658
applicant and on whether the person is in a position to direct, 3659
control, or adversely influence the operations of the applicant.3660

       (C) The certificate of registration issued pursuant to 3661
division (A) of this section may be renewed annually on or before 3662
the thirty-first day of December if the superintendent finds that 3663
all of the following conditions are met:3664

       (1) The renewal application is accompanied by a nonrefundable 3665
renewal fee of five hundred dollars for each location of an office 3666
to be maintained by the applicant in accordance with division (A) 3667
of section 1322.02 of the Revised Code and any fee required by the 3668
nationwide mortgage licensing system and registry. If a check or 3669
other draft instrument is returned to the superintendent for 3670
insufficient funds, the superintendent shall notify the registrant 3671
by certified mail, return receipt requested, that the certificate 3672
of registration renewed in reliance on the check or other draft 3673
instrument will be canceled unless the registrant, within thirty 3674
days after receipt of the notice, submits the renewal fee and a 3675
one-hundred-dollar penalty to the superintendent. If the 3676
registrant does not submit the renewal fee and penalty within that 3677
time period, or if any check or other draft instrument used to pay 3678
the fee or penalty is returned to the superintendent for 3679
insufficient funds, the certificate of registration shall be 3680
canceled immediately without a hearing and the registrant shall 3681
cease activity as a mortgage broker.3682

       (2) The operations manager designated under division (A)(3) 3683
of section 1322.03 of the Revised Code has completed, at least 3684
eight hours of continuing education as required under section 3685
1322.052 of the Revised Code.3686

       (3) The applicant meets the conditions set forth in divisions 3687
(A)(2) to (10) of this section.3688

       (4) The applicant's mortgage broker certificate of 3689
registration is not subject to an order of suspension or an unpaid 3690
and past due fine imposed by the superintendent.3691

       (D)(1) Subject to division (D)(2) of this section, if a 3692
renewal fee or additional fee required by the nationwide mortgage 3693
licensing system and registry is received by the superintendent 3694
after the thirty-first day of December, the mortgage broker 3695
certificate of registration shall not be considered renewed, and 3696
the applicant shall cease activity as a mortgage broker.3697

       (2) Division (D)(1) of this section shall not apply if the 3698
applicant, no later than the thirty-first day of January, submits 3699
the renewal fee or additional fee and a one-hundred-dollar penalty 3700
to the superintendent.3701

       (E) If the person designated as the operations manager 3702
pursuant to division (A)(3) of section 1322.03 of the Revised Code 3703
is no longer the operations manager, the registrant shall do all 3704
of the following:3705

       (1) Within ninety days after the departure of the designated 3706
operations manager, designate another person as the operations 3707
manager;3708

       (2) Within ten days after the designation described in 3709
division (E)(1) of this section, notify the superintendent in 3710
writing of the designation;3711

       (3) Submit any additional information that the superintendent 3712
requires to establish that the newly designated operations manager 3713
complies with the requirements set forth in section 1322.03 of the 3714
Revised Code.3715

       (F) The registrant shall cease operations if it is without an 3716
operations manager approved by the superintendent for more than 3717
one hundred eighty days unless otherwise authorized in writing by 3718
the superintendent due to exigent circumstances.3719

       (G) Mortgage broker certificates of registration issued on or 3720
after May 1, 2010, annually expire on the thirty-first day of 3721
December.3722

       Sec. 1322.041. (A) Upon the conclusion of the investigation 3723
required under division (D) of section 1322.031 of the Revised 3724
Code, the superintendent of financial institutions shall issue a 3725
loan originator license to the applicant if the superintendent 3726
finds that the following conditions are met:3727

       (1) The application is accompanied by the application fee and 3728
any fee required by the nationwide mortgage licensing system and 3729
registry. 3730

       (a) If a check or other draft instrument is returned to the 3731
superintendent for insufficient funds, the superintendent shall 3732
notify the applicant by certified mail, return receipt requested, 3733
that the application will be withdrawn unless the applicant, 3734
within thirty days after receipt of the notice, submits the 3735
application fee and a one-hundred-dollar penalty to the 3736
superintendent. If the applicant does not submit the application 3737
fee and penalty within that time period, or if any check or other 3738
draft instrument used to pay the fee or penalty is returned to the 3739
superintendent for insufficient funds, the application shall be 3740
withdrawn.3741

        (b) If a check or other draft instrument is returned to the 3742
superintendent for insufficient funds after the license has been 3743
issued, the superintendent shall notify the licensee by certified 3744
mail, return receipt requested, that the license issued in 3745
reliance on the check or other draft instrument will be canceled 3746
unless the licensee, within thirty days after receipt of the 3747
notice, submits the application fee and a one-hundred-dollar 3748
penalty to the superintendent. If the licensee does not submit the 3749
application fee and penalty within that time period, or if any 3750
check or other draft instrument used to pay the fee or penalty is 3751
returned to the superintendent for insufficient funds, the license 3752
shall be canceled immediately without a hearing, and the licensee 3753
shall cease activity as a loan originator.3754

       (2) The applicant complies with sections 1322.01 to 1322.12 3755
of the Revised Code and the rules adopted thereunder.3756

       (3) The applicant has not been convicted of or pleaded guilty 3757
or nolo contendere to any of the following in a domestic, foreign, 3758
or military court:3759

       (a) During the seven-year period immediately preceding the 3760
date of application for the license, a misdemeanor involving theft 3761
or any felony; 3762

       (b) At any time prior to the date the application for the 3763
license is approved, a felony involving an act of fraud, 3764
dishonesty, a breach of trust, theft, or money laundering.3765

       (4) Based on the totality of the circumstances and 3766
information submitted in the application, the applicant has proven 3767
to the superintendent, by a preponderance of the evidence, that 3768
the applicant is of good business repute, appears qualified to act 3769
as a loan originator, has fully complied with sections 1322.01 to 3770
1322.12 of the Revised Code and the rules adopted thereunder, and 3771
meets all of the conditions for issuing a loan originator license.3772

       (5) The applicant successfully completed the written test 3773
required under division (B) ofby section 1322.051 of the Revised 3774
Code and completed the prelicensing instruction set forth in 3775
division (B) of section 1322.031 of the Revised Code.3776

       (6) The applicant's financial responsibility, character, and 3777
general fitness command the confidence of the public and warrant 3778
the belief that the business will be operated honestly and fairly 3779
in compliance with the purposes of sections 1322.01 to 1322.12 of 3780
the Revised Code. The superintendent shall not use a credit score 3781
as the sole basis for a license denial.3782

       (7) The applicant is in compliance with the surety bond 3783
requirements of section 1322.05 of the Revised Code.3784

       (8) The applicant has not had a loan originator license, or 3785
comparable authority, revoked in any governmental jurisdiction.3786

       (B) The license issued under division (A) of this section may 3787
be renewed annually on or before the thirty-first day of December 3788
if the superintendent finds that all of the following conditions 3789
are met:3790

       (1) The renewal application is accompanied by a nonrefundable 3791
renewal fee of one hundred fifty dollars and any fee required by 3792
the nationwide mortgage licensing system and registry. If a check 3793
or other draft instrument is returned to the superintendent for 3794
insufficient funds, the superintendent shall notify the licensee 3795
by certified mail, return receipt requested, that the license 3796
renewed in reliance on the check or other draft instrument will be 3797
canceled unless the licensee, within thirty days after receipt of 3798
the notice, submits the renewal fee and a one-hundred-dollar 3799
penalty to the superintendent. If the licensee does not submit the 3800
renewal fee and penalty within that time period, or if any check 3801
or other draft instrument used to pay the fee or penalty is 3802
returned to the superintendent for insufficient funds, the license 3803
shall be canceled immediately without a hearing, and the licensee 3804
shall cease activity as a loan originator.3805

       (2) The applicant has completed at least eight hours of 3806
continuing education as required under section 1322.052 of the 3807
Revised Code.3808

       (3) The applicant meets the conditions set forth in divisions 3809
(A)(2) to (8) of this section; provided, however, that an 3810
applicant who was issued a loan officer license prior to January 3811
1, 2010, and has continuously maintained that license shall not be 3812
required to meet the condition described in division (B)(1)(b) of 3813
section 1322.031 of the Revised Code.3814

       (4) The applicant's license is not subject to an order of 3815
suspension or an unpaid and past due fine imposed by the 3816
superintendent.3817

       (C)(1) Subject to division (C)(2) of this section, if a 3818
license renewal application or renewal fee, including any fee 3819
required by the nationwide mortgage licensing system and registry, 3820
is received by the superintendent after the thirty-first day of 3821
December, the license shall not be considered renewed, and the 3822
applicant shall cease activity as a loan originator.3823

       (2) Division (C)(1) of this section shall not apply if the 3824
applicant, no later than the thirty-first day of January, submits 3825
the renewal application and fees and a one-hundred-dollar penalty 3826
to the superintendent.3827

       (D) Loan originator licenses issued on or after May 1, 2010, 3828
annually expire on the thirty-first day of December.3829

       Sec. 1322.051. (A) Each person designated under division 3830
(A)(3) of section 1322.03 of the Revised Code to act as operations 3831
manager for a mortgage broker business shall submit to a written 3832
test approved by the superintendent of financial institutions. An 3833
individual shall not be considered to have passed the written test 3834
unless the individual achieves a test score of at least 3835
seventy-five per cent correct answers to all questions.3836

       (B) Eachand each applicant for a loan originator license 3837
shall submit to a written test that is developed and approved by 3838
the nationwide mortgage licensing system and registry and 3839
administered by a test provider approved by the nationwide 3840
mortgage licensing system and registry based on reasonable 3841
standards.3842

       (1)(A) The test shall adequately measure the designee's or3843
applicant's knowledge and comprehension in appropriate subject 3844
areas, including ethics, federal and state law related to mortgage 3845
origination, fraud, consumer protection, and the nontraditional 3846
mortgage marketplace, and fair lending issues.3847

       (2)(B) An individual shall not be considered to have passed 3848
the written test unless the individual achieves a test score of3849
answers at least seventy-five per cent correct answers on allof 3850
the questions and at least seventy-five per cent correct answers 3851
on all questions relating to state mortgage lending laws and the 3852
Ohio consumer sales practices act, Chapter 1345. of the Revised 3853
Code, as it applies to registrants and licenseescorrectly.3854

       (3)(C) An individual may retake the test three consecutive 3855
times provided the period between taking the tests is at least 3856
thirty days. If an individual fails three consecutive tests, the 3857
individual shall be required to wait at least six months before 3858
taking the test again.3859

       (4)(D) If a loan originator fails to maintain a valid loan 3860
originator license for a period of five years or longer, the 3861
individual shall be required to retake the test.3862

       For this purpose, any time during which the individual is a 3863
registered loan originator shall not be taken into account.3864

       (C) Notwithstanding division (B) of this section, until the 3865
nationwide mortgage licensing system and registry implements a 3866
testing process that meets the criteria set forth in that 3867
division, the superintendent shall require each applicant to pass 3868
a written test acceptable to the superintendent.3869

       Sec. 1322.06.  (A) As often as the superintendent of 3870
financial institutions considers it necessary, the superintendent 3871
may examine the registrant's or licensee's records, including all 3872
records created or processed by a licensee, pertaining to business 3873
transacted pursuant to sections 1322.01 to 1322.12 of the Revised 3874
Code.3875

       (B) A registrant or licensee shall maintain records 3876
pertaining to business transacted pursuant to sections 1322.01 to 3877
1322.12 of the Revised Code, including copies of all mortgage loan 3878
origination disclosure statements prepared in accordance with 3879
section 1322.062 of the Revised Code, for four years. For purposes 3880
of this division, "registrant or licensee" includes any person 3881
whose certificate of registration or license is cancelled, 3882
surrendered, or revoked or who otherwise ceases to engage in 3883
business as a mortgage broker or loan originator.3884

       No registrant or licensee shall fail to comply with this 3885
division.3886

       (C) Each registrant and licensee shall submit to the 3887
nationwide mortgage licensing system and registry call reports or 3888
other reports of condition, which reports shall be in such form 3889
and shall contain such information as the nationwide mortgage 3890
licensing system and registry may require.3891

       (D)(1) As required by the superintendent, each registrant 3892
shall file with the division of financial institutions an annual 3893
report under oath or affirmation, on forms supplied by the 3894
division, concerning the business and operations of the registrant 3895
for the preceding calendar year. If a registrant operates two or 3896
more registered offices, or two or more affiliated registrants 3897
operate registered offices, a composite report of the group of 3898
registered offices may be filed in lieu of individual reports. For 3899
purposes of compliance with this requirement, the superintendent 3900
may accept call reports or other reports of condition submitted to 3901
the nationwide mortgage licensing system and registry in lieu of 3902
the annual report.3903

       (2) The divisionsuperintendent shall publish annually an 3904
analysis of the information required under division (D)(1) of this 3905
section, but the individual reports, whether filed with the 3906
superintendent or the nationwide mortgage licensing system and 3907
registry, shall not be public records and shall not be open to 3908
public inspection or otherwise be subject to section 149.43 of the 3909
Revised Code.3910

       Sec. 1509.071.  (A) When the chief of the division of oil and 3911
gas resources management finds that an owner has failed to comply 3912
with a final nonappealable order issued or compliance agreement 3913
entered into under section 1509.04, the restoration requirements 3914
of section 1509.072, plugging requirements of section 1509.12, or 3915
permit provisions of section 1509.13 of the Revised Code, or rules 3916
and orders relating thereto, the chief shall make a finding of 3917
that fact and declare any surety bond filed to ensure compliance 3918
with those sections and rules forfeited in the amount set by rule 3919
of the chief. The chief thereupon shall certify the total 3920
forfeiture to the attorney general, who shall proceed to collect 3921
the amount of the forfeiture. In addition, the chief may require 3922
an owner, operator, producer, or other person who forfeited a 3923
surety bond to post a new surety bond in the amount of fifteen 3924
thousand dollars for a single well, thirty thousand dollars for 3925
two wells, or fifty thousand dollars for three or more wells.3926

       In lieu of total forfeiture, the surety or owner, at the 3927
surety's or owner's option, may cause the well to be properly 3928
plugged and abandoned and the area properly restored or pay to the 3929
treasurer of state the cost of plugging and abandonment.3930

       (B) All moneys collected because of forfeitures of bonds as 3931
provided in this section shall be deposited in the state treasury 3932
to the credit of the oil and gas well fund created in section 3933
1509.02 of the Revised Code. 3934

       The chief annually shallmay spend not less than fourteen per 3935
cent of the revenue credited to the fund during the previous 3936
fiscal year for the following purposes:3937

       (1) In accordance with division (D) of this section, to plug 3938
idle and orphaned wells or to restore the land surface properly as 3939
required in section 1509.072 of the Revised Code;3940

       (2) In accordance with division (E) of this section, to 3941
correct conditions that the chief reasonably has determined are 3942
causing imminent health or safety risks at an idle and orphaned 3943
well or a well for which the owner cannot be contacted in order to 3944
initiate a corrective action within a reasonable period of time as 3945
determined by the chief;3946

       (3) In accordance with rules adopted under division (I) of 3947
this section, to develop infrastructure as a solution to problems 3948
directly attributable to historic production operations.3949

       Expenditures from the fund shall be made only for lawful 3950
purposes. In addition, expenditures from the fund shall not be 3951
made to purchase real property or to remove a dwelling in order to 3952
access a well.3953

       (C)(1) Upon determining that the owner of a well has failed 3954
to properly plug and abandon it or to properly restore the land 3955
surface at the well site in compliance with the applicable 3956
requirements of this chapter and applicable rules adopted and 3957
orders issued under it or that a well is an abandoned well for 3958
which no funds are available to plug the well in accordance with 3959
this chapter, the chief shall do all of the following:3960

       (a) Determine from the records in the office of the county 3961
recorder of the county in which the well is located the identity 3962
of the owner of the land on which the well is located, the 3963
identity of the owner of the oil or gas lease under which the well 3964
was drilled or the identity of each person owning an interest in 3965
the lease, and the identities of the persons having legal title 3966
to, or a lien upon, any of the equipment appurtenant to the well;3967

       (b) Mail notice to the owner of the land on which the well is 3968
located informing the landowner that the well is to be plugged. If 3969
the owner of the oil or gas lease under which the well was drilled 3970
is different from the owner of the well or if any persons other 3971
than the owner of the well own interests in the lease, the chief 3972
also shall mail notice that the well is to be plugged to the owner 3973
of the lease or to each person owning an interest in the lease, as 3974
appropriate.3975

       (c) Mail notice to each person having legal title to, or a 3976
lien upon, any equipment appurtenant to the well, informing the 3977
person that the well is to be plugged and offering the person the 3978
opportunity to plug the well and restore the land surface at the 3979
well site at the person's own expense in order to avoid forfeiture 3980
of the equipment to this state.3981

       (2) If none of the persons described in division (C)(1)(c) of 3982
this section plugs the well within sixty days after the mailing of 3983
the notice required by that division, all equipment appurtenant to 3984
the well is hereby declared to be forfeited to this state without 3985
compensation and without the necessity for any action by the state 3986
for use to defray the cost of plugging and abandoning the well and 3987
restoring the land surface at the well site.3988

       (D) Expenditures from the fund for the purpose of division 3989
(B)(1) of this section shall be made in accordance with either of 3990
the following:3991

       (1) The expenditures may be made pursuant to contracts 3992
entered into by the chief with persons who agree to furnish all of 3993
the materials, equipment, work, and labor as specified and 3994
provided in such a contract for activities associated with the 3995
restoration or plugging of a well as determined by the chief. The 3996
activities may include excavation to uncover a well, geophysical 3997
methods to locate a buried well when clear evidence of leakage 3998
from the well exists, cleanout of wellbores to remove material 3999
from a failed plugging of a well, plugging operations, 4000
installation of vault and vent systems, including associated 4001
engineering certifications and permits, restoration of property, 4002
and repair of damage to property that is caused by such 4003
activities. Expenditures shall not be used for salaries, 4004
maintenance, equipment, or other administrative purposes, except 4005
for costs directly attributed to the plugging of an idle and 4006
orphaned well. Agents or employees of persons contracting with the 4007
chief for a restoration or plugging project may enter upon any 4008
land, public or private, on which the well is located for the 4009
purpose of performing the work. Prior to such entry, the chief 4010
shall give to the following persons written notice of the 4011
existence of a contract for a project to restore or plug a well, 4012
the names of the persons with whom the contract is made, and the 4013
date that the project will commence: the owner of the well, the 4014
owner of the land upon which the well is located, the owner or 4015
agents of adjoining land, and, if the well is located in the same 4016
township as or in a township adjacent to the excavations and 4017
workings of a mine and the owner or lessee of that mine has 4018
provided written notice identifying those townships to the chief 4019
at any time during the immediately preceding three years, the 4020
owner or lessee of the mine.4021

       (2)(a) The owner of the land on which a well is located who 4022
has received notice under division (C)(1)(b) of this section may 4023
plug the well and be reimbursed by the division of oil and gas 4024
resources management for the reasonable cost of plugging the well. 4025
In order to plug the well, the landowner shall submit an 4026
application to the chief on a form prescribed by the chief and 4027
approved by the technical advisory council on oil and gas created 4028
in section 1509.38 of the Revised Code. The application, at a 4029
minimum, shall require the landowner to provide the same 4030
information as is required to be included in the application for a 4031
permit to plug and abandon under section 1509.13 of the Revised 4032
Code. The application shall be accompanied by a copy of a proposed 4033
contract to plug the well prepared by a contractor regularly 4034
engaged in the business of plugging oil and gas wells. The 4035
proposed contract shall require the contractor to furnish all of 4036
the materials, equipment, work, and labor necessary to plug the 4037
well properly and shall specify the price for doing the work, 4038
including a credit for the equipment appurtenant to the well that 4039
was forfeited to the state through the operation of division 4040
(C)(2) of this section. Expenditures under division (D)(2)(a) of 4041
this section shall be consistent with the expenditures for 4042
activities described in division (D)(1) of this section. The 4043
application also shall be accompanied by the permit fee required 4044
by section 1509.13 of the Revised Code unless the chief, in the 4045
chief's discretion, waives payment of the permit fee. The 4046
application constitutes an application for a permit to plug and 4047
abandon the well for the purposes of section 1509.13 of the 4048
Revised Code.4049

       (b) Within thirty days after receiving an application and 4050
accompanying proposed contract under division (D)(2)(a) of this 4051
section, the chief shall determine whether the plugging would 4052
comply with the applicable requirements of this chapter and 4053
applicable rules adopted and orders issued under it and whether 4054
the cost of the plugging under the proposed contract is 4055
reasonable. If the chief determines that the proposed plugging 4056
would comply with those requirements and that the proposed cost of 4057
the plugging is reasonable, the chief shall notify the landowner 4058
of that determination and issue to the landowner a permit to plug 4059
and abandon the well under section 1509.13 of the Revised Code. 4060
Upon approval of the application and proposed contract, the chief 4061
shall transfer ownership of the equipment appurtenant to the well 4062
to the landowner. The chief may disapprove an application 4063
submitted under division (D)(2)(a) of this section if the chief 4064
determines that the proposed plugging would not comply with the 4065
applicable requirements of this chapter and applicable rules 4066
adopted and orders issued under it, that the cost of the plugging 4067
under the proposed contract is unreasonable, or that the proposed 4068
contract is not a bona fide, arm's length contract.4069

       (c) After receiving the chief's notice of the approval of the 4070
application and permit to plug and abandon a well under division 4071
(D)(2)(b) of this section, the landowner shall enter into the 4072
proposed contract to plug the well. 4073

       (d) Upon determining that the plugging has been completed in 4074
compliance with the applicable requirements of this chapter and 4075
applicable rules adopted and orders issued under it, the chief 4076
shall reimburse the landowner for the cost of the plugging as set 4077
forth in the proposed contract approved by the chief. The 4078
reimbursement shall be paid from the oil and gas well fund. If the 4079
chief determines that the plugging was not completed in accordance 4080
with the applicable requirements, the chief shall not reimburse 4081
the landowner for the cost of the plugging, and the landowner or 4082
the contractor, as applicable, promptly shall transfer back to 4083
this state title to and possession of the equipment appurtenant to 4084
the well that previously was transferred to the landowner under 4085
division (D)(2)(b) of this section. If any such equipment was 4086
removed from the well during the plugging and sold, the landowner 4087
shall pay to the chief the proceeds from the sale of the 4088
equipment, and the chief promptly shall pay the moneys so received 4089
to the treasurer of state for deposit into the oil and gas well 4090
fund.4091

       The chief may establish an annual limit on the number of 4092
wells that may be plugged under division (D)(2) of this section or 4093
an annual limit on the expenditures to be made under that 4094
division.4095

       As used in division (D)(2) of this section, "plug" and 4096
"plugging" include the plugging of the well and the restoration of 4097
the land surface disturbed by the plugging.4098

       (E) Expenditures from the oil and gas well fund for the 4099
purpose of division (B)(2) of this section may be made pursuant to 4100
contracts entered into by the chief with persons who agree to 4101
furnish all of the materials, equipment, work, and labor as 4102
specified and provided in such a contract. The competitive bidding 4103
requirements of Chapter 153. of the Revised Code do not apply if 4104
the chief reasonably determines that an emergency situation exists 4105
requiring immediate action for the correction of the applicable 4106
health or safety risk. A contract or purchase of materials for 4107
purposes of addressing the emergency situation is not subject to 4108
division (B) of section 127.16 of the Revised Code. The chief, 4109
designated representatives of the chief, and agents or employees 4110
of persons contracting with the chief under this division may 4111
enter upon any land, public or private, for the purpose of 4112
performing the work.4113

       (F) Contracts entered into by the chief under this section 4114
are not subject to any of the following:4115

       (1) Chapter 4115. of the Revised Code;4116

       (2) Section 153.54 of the Revised Code, except that the 4117
contractor shall obtain and provide to the chief as a bid guaranty 4118
a surety bond or letter of credit in an amount equal to ten per 4119
cent of the amount of the contract;4120

       (3) Section 4733.17 of the Revised Code.4121

       (G) The owner of land on which a well is located who has 4122
received notice under division (C)(1)(b) of this section, in lieu 4123
of plugging the well in accordance with division (D)(2) of this 4124
section, may cause ownership of the well to be transferred to an 4125
owner who is lawfully doing business in this state and who has met 4126
the financial responsibility requirements established under 4127
section 1509.07 of the Revised Code, subject to the approval of 4128
the chief. The transfer of ownership also shall be subject to the 4129
landowner's filing the appropriate forms required under section 4130
1509.31 of the Revised Code and providing to the chief sufficient 4131
information to demonstrate the landowner's or owner's right to 4132
produce a formation or formations. That information may include a 4133
deed, a lease, or other documentation of ownership or property 4134
rights.4135

       The chief shall approve or disapprove the transfer of 4136
ownership of the well. If the chief approves the transfer, the 4137
owner is responsible for operating the well in accordance with 4138
this chapter and rules adopted under it, including, without 4139
limitation, all of the following:4140

       (1) Filing an application with the chief under section 4141
1509.06 of the Revised Code if the owner intends to drill deeper 4142
or produce a formation that is not listed in the records of the 4143
division for that well;4144

       (2) Taking title to and possession of the equipment 4145
appurtenant to the well that has been identified by the chief as 4146
having been abandoned by the former owner;4147

       (3) Complying with all applicable requirements that are 4148
necessary to drill deeper, plug the well, or plug back the well.4149

       (H) The chief shall issue an order that requires the owner of 4150
a well to pay the actual documented costs of a corrective action 4151
that is described in division (B)(2) of this section concerning 4152
the well. The chief shall transmit the money so recovered to the 4153
treasurer of state who shall deposit the money in the state 4154
treasury to the credit of the oil and gas well fund.4155

       (I) The chief shall adopt rules in accordance with Chapter 4156
119. of the Revised Code regarding the development of 4157
infrastructure as a solution to problems directly attributable to 4158
historic production operations. The rules shall establish criteria 4159
for determining the types of infrastructure for which revenues may 4160
be used under division (B)(3) of this section.4161

       (J) The chief may engage in cooperative projects under this 4162
section with any agency of this state, another state, or the 4163
United States; any other governmental agencies; or any state 4164
university or college as defined in section 3345.27 of the Revised 4165
Code. A contract entered into for purposes of a cooperative 4166
project is not subject to division (B) of section 127.16 of the 4167
Revised Code.4168

       Sec. 1533.10.  Except as provided in this section or division 4169
(A)(2) of section 1533.12 or section 1533.73 or 1533.731 of the 4170
Revised Code, no person shall hunt any wild bird or wild quadruped 4171
without a hunting license. Each day that any person hunts within 4172
the state without procuring such a license constitutes a separate 4173
offense. Except as otherwise provided in this section, every 4174
applicant for a hunting license who is a resident of the state and 4175
eighteen years of age or more shall procure a resident hunting 4176
license or an apprentice resident hunting license, the fee for 4177
which shall be eighteen dollars unless the rules adopted under 4178
division (B) of section 1533.12 of the Revised Code provide for 4179
issuance of a resident hunting license to the applicant free of 4180
charge. Except as provided in rules adopted under division (B)(2) 4181
of that section, each applicant who is a resident of this state 4182
and who at the time of application is sixty-six years of age or 4183
older shall procure a special senior hunting license, the fee for 4184
which shall be one-half of the regular hunting license fee. Every 4185
applicant who is under the age of eighteen years shall procure a 4186
special youth hunting license or an apprentice youth hunting 4187
license, the fee for which shall be one-half of the regular 4188
hunting license fee. 4189

       A resident of this state who owns lands in the state and the 4190
owner's children of any age and grandchildren under eighteen years 4191
of age may hunt on the lands without a hunting license. A resident 4192
of any other state who owns real property in this state, and the 4193
spouse and children living with the property owner, may hunt on 4194
that property without a license, provided that the state of 4195
residence of the real property owner allows residents of this 4196
state owning real property in that state, and the spouse and 4197
children living with the property owner, to hunt without a 4198
license. If the owner of land in this state is a limited liability 4199
company or a limited liability partnership that consists of three 4200
or fewer individual members or partners, as applicable, an 4201
individual member or partner who is a resident of this state and 4202
the member's or partner's children of any age and grandchildren 4203
under eighteen years of age may hunt on the land owned by the 4204
limited liability company or limited liability partnership without 4205
a hunting license. In addition, if the owner of land in this state 4206
is a trust that has a total of three or fewer trustees and 4207
beneficiaries, an individual who is a trustee or beneficiary and 4208
who is a resident of this state and the individual's children of 4209
any age and grandchildren under eighteen years of age may hunt on 4210
the land owned by the trust without a hunting license. The tenant 4211
and children of the tenant, residing on lands in the state, may 4212
hunt on them without a hunting license. 4213

       Except as otherwise provided in division (A)(1) of section 4214
1533.12 of the Revised Code, every applicant for a hunting license 4215
who is a nonresident of the state and who is eighteen years of age 4216
or older shall procure a nonresident hunting license or an 4217
apprentice nonresident hunting license, the fee for which shall be 4218
one hundred twenty-fourforty-nine dollars unless the applicant is 4219
a resident of a state that is a party to an agreement under 4220
section 1533.91 of the Revised Code, in which case the fee shall 4221
be eighteen dollars. Apprentice resident hunting licenses, 4222
apprentice youth hunting licenses, and apprentice nonresident 4223
hunting licenses are subject to the requirements established under 4224
section 1533.102 of the Revised Code and rules adopted pursuant to 4225
it.4226

       The chief of the division of wildlife may issue a small game 4227
hunting license expiring three days from the effective date of the 4228
license to a nonresident of the state, the fee for which shall be 4229
thirty-nine dollars. No person shall take or possess deer, wild 4230
turkeys, fur-bearing animals, ducks, geese, brant, or any nongame 4231
animal while possessing only a small game hunting license. A small 4232
game hunting license or an apprentice nonresident hunting license 4233
does not authorize the taking or possessing of ducks, geese, or 4234
brant without having obtained, in addition to the small game 4235
hunting license or the apprentice nonresident hunting license, a 4236
wetlands habitat stamp as provided in section 1533.112 of the 4237
Revised Code. A small game hunting license or an apprentice 4238
nonresident hunting license does not authorize the taking or 4239
possessing of deer, wild turkeys, or fur-bearing animals. A 4240
nonresident of the state who wishes to take or possess deer, wild 4241
turkeys, or fur-bearing animals in this state shall procure, 4242
respectively, a deer or wild turkey permit as provided in section 4243
1533.11 of the Revised Code or a fur taker permit as provided in 4244
section 1533.111 of the Revised Code in addition to a nonresident 4245
hunting license, an apprentice nonresident hunting license, a 4246
special youth hunting license, or an apprentice youth hunting 4247
license, as applicable, as provided in this section.4248

       No person shall procure or attempt to procure a hunting 4249
license by fraud, deceit, misrepresentation, or any false 4250
statement.4251

       This section does not authorize the taking and possessing of 4252
deer or wild turkeys without first having obtained, in addition to 4253
the hunting license required by this section, a deer or wild 4254
turkey permit as provided in section 1533.11 of the Revised Code 4255
or the taking and possessing of ducks, geese, or brant without 4256
first having obtained, in addition to the hunting license required 4257
by this section, a wetlands habitat stamp as provided in section 4258
1533.112 of the Revised Code.4259

       This section does not authorize the hunting or trapping of 4260
fur-bearing animals without first having obtained, in addition to 4261
a hunting license required by this section, a fur taker permit as 4262
provided in section 1533.111 of the Revised Code.4263

       No hunting license shall be issued unless it is accompanied 4264
by a written explanation of the law in section 1533.17 of the 4265
Revised Code and the penalty for its violation, including a 4266
description of terms of imprisonment and fines that may be 4267
imposed.4268

       No hunting license, other than an apprentice hunting license, 4269
shall be issued unless the applicant presents to the agent 4270
authorized to issue the license a previously held hunting license 4271
or evidence of having held such a license in content and manner 4272
approved by the chief, a certificate of completion issued upon 4273
completion of a hunter education and conservation course approved 4274
by the chief, or evidence of equivalent training in content and 4275
manner approved by the chief. A previously held apprentice hunting 4276
license does not satisfy the requirement concerning the 4277
presentation of a previously held hunting license or evidence of 4278
it.4279

       No person shall issue a hunting license, except an apprentice 4280
hunting license, to any person who fails to present the evidence 4281
required by this section. No person shall purchase or obtain a 4282
hunting license, other than an apprentice hunting license, without 4283
presenting to the issuing agent the evidence required by this 4284
section. Issuance of a hunting license in violation of the 4285
requirements of this section is an offense by both the purchaser 4286
of the illegally obtained hunting license and the clerk or agent 4287
who issued the hunting license. Any hunting license issued in 4288
violation of this section is void.4289

       The chief, with approval of the wildlife council, shall adopt 4290
rules prescribing a hunter education and conservation course for 4291
first-time hunting license buyers, other than buyers of apprentice 4292
hunting licenses, and for volunteer instructors. The course shall 4293
consist of subjects including, but not limited to, hunter safety 4294
and health, use of hunting implements, hunting tradition and 4295
ethics, the hunter and conservation, the law in section 1533.17 of 4296
the Revised Code along with the penalty for its violation, 4297
including a description of terms of imprisonment and fines that 4298
may be imposed, and other law relating to hunting. Authorized 4299
personnel of the division or volunteer instructors approved by the 4300
chief shall conduct such courses with such frequency and at such 4301
locations throughout the state as to reasonably meet the needs of 4302
license applicants. The chief shall issue a certificate of 4303
completion to each person who successfully completes the course 4304
and passes an examination prescribed by the chief.4305

       Sec. 1533.11.  (A)(1) Except as provided in this section or 4306
section 1533.731 of the Revised Code, no person shall hunt deer on 4307
lands of another without first obtaining an annual deer permit. 4308
Except as provided in this section, no person shall hunt wild 4309
turkeys on lands of another without first obtaining an annual wild 4310
turkey permit. Each4311

       (2) Each applicant for a deer or wild turkey permit shall pay 4312
an annual fee of twenty-three dollars for eachthe permit unless 4313
the rules adopted under division (B) of section 1533.12 of the 4314
Revised Code provide for issuance of a deer or wild turkey permit 4315
to the applicant free of charge. Except as provided in rules 4316
adopted under division (B)(2) of that section, each applicant who 4317
is a resident of this state and who at the time of application is 4318
sixty-six years of age or older shall procure a senior deer or4319
wild turkey permit, the fee for which shall be one-half of the 4320
regular deer or wild turkey permit fee. Each applicant who is 4321
under the age of eighteen years shall procure a youth deer or wild 4322
turkey permit, the fee for which shall be one-half of the regular 4323
deer or wild turkey permit fee. Except4324

       (3) Each applicant for a deer permit who is a resident of 4325
this state shall procure a resident deer permit, the fee for which 4326
is twenty-three dollars unless the rules adopted under division 4327
(B) of section 1533.12 of the Revised Code provide for issuance of 4328
a deer permit to the applicant free of charge. Each applicant for 4329
a deer permit who is a nonresident of this state shall procure a 4330
nonresident deer permit, the fee for which is ninety-nine dollars 4331
unless the rules adopted under that division provide for issuance 4332
of a deer permit to the applicant free of charge. Except as 4333
provided in rules adopted under division (B)(2) of section 1533.12 4334
of the Revised Code, each applicant who is a resident of this 4335
state and who at the time of application is sixty-six years of age 4336
or older shall procure a senior resident deer permit, the fee for 4337
which is one-half of the regular resident deer permit fee. Each 4338
applicant who is under the age of eighteen years, regardless of 4339
residency, shall procure a youth deer permit, the fee for which is 4340
one-half of the regular resident deer permit fee.4341

       (4) As used in this chapter, "deer permit" includes a 4342
resident deer permit and a nonresident deer permit unless the 4343
context indicates otherwise.4344

       (5) Except as provided in division (A)(2) of section 1533.12 4345
of the Revised Code, a deer or wild turkey permit shall run 4346
concurrently with the hunting license. The money received shall be 4347
paid into the state treasury to the credit of the wildlife fund, 4348
created in section 1531.17 of the Revised Code, exclusively for 4349
the use of the division of wildlife in the acquisition and 4350
development of land for deer or wild turkey management, for 4351
investigating deer or wild turkey problems, and for the stocking, 4352
management, and protection of deer or wild turkey. Every person, 4353
while hunting deer or wild turkey on lands of another, shall carry 4354
the person's deer or wild turkey permit and exhibit it to any 4355
enforcement officer so requesting. Failure to so carry and exhibit 4356
such a permit constitutes an offense under this section. The chief 4357
of the division of wildlife shall adopt any additional rules the 4358
chief considers necessary to carry out this section and section 4359
1533.10 of the Revised Code.4360

        An owner who is a resident of this state or an owner who is 4361
exempt from obtaining a hunting license under section 1533.10 of 4362
the Revised Code and the children of the owner of lands in this 4363
state may hunt deer or wild turkey thereon without a deer or wild 4364
turkey permit. If the owner of land in this state is a limited 4365
liability company or a limited liability partnership that consists 4366
of three or fewer individual members or partners, as applicable, 4367
an individual member or partner who is a resident of this state 4368
and the member's or partner's children of any age may hunt deer or 4369
wild turkey on the land owned by the limited liability company or 4370
limited liability partnership without a deer or wild turkey 4371
permit. In addition, if the owner of land in this state is a trust 4372
that has a total of three or fewer trustees and beneficiaries, an 4373
individual who is a trustee or beneficiary and who is a resident 4374
of this state and the individual's children of any age may hunt 4375
deer or wild turkey on the land owned by the trust without a deer 4376
or wild turkey permit. The tenant and children of the tenant may 4377
hunt deer or wild turkey on lands where they reside without a deer 4378
or wild turkey permit.4379

       (B) A deer or wild turkey permit is not transferable. No 4380
person shall carry a deer or wild turkey permit issued in the name 4381
of another person.4382

       (C) The wildlife refunds fund is hereby created in the state 4383
treasury. The fund shall consist of money received from 4384
application fees for deer permits that are not issued. Money in 4385
the fund shall be used to make refunds of such application fees.4386

       (D) If the division establishes a system for the electronic 4387
submission of information regarding deer or wild turkey that are 4388
taken, the division shall allow the owner and the children of the 4389
owner of lands in this state to use the owner's name or address 4390
for purposes of submitting that information electronically via 4391
that system.4392

       Sec. 1533.12.  (A)(1) Except as otherwise provided in 4393
division (A)(2) of this section, every person on active duty in 4394
the armed forces of the United States who is stationed in this 4395
state and who wishes to engage in an activity for which a license, 4396
permit, or stamp is required under this chapter first shall obtain 4397
the requisite license, permit, or stamp. Such a person is eligible 4398
to obtain a resident hunting or fishing license regardless of 4399
whether the person qualifies as a resident of this state. To 4400
obtain a resident hunting or fishing license, the person shall 4401
present a card or other evidence identifying the person as being 4402
on active duty in the armed forces of the United States and as 4403
being stationed in this state.4404

        (2) Every person on active duty in the armed forces of the 4405
United States, while on leave or furlough, may take or catch fish 4406
of the kind lawfully permitted to be taken or caught within the 4407
state, may hunt any wild bird or wild quadruped lawfully permitted 4408
to be hunted within the state, and may trap fur-bearing animals 4409
lawfully permitted to be trapped within the state, without 4410
procuring a fishing license, a hunting license, a fur taker 4411
permit, or a wetlands habitat stamp required by this chapter, 4412
provided that the person shall carry on the person when fishing, 4413
hunting, or trapping, a card or other evidence identifying the 4414
person as being on active duty in the armed forces of the United 4415
States, and provided that the person is not otherwise violating 4416
any of the hunting, fishing, and trapping laws of this state.4417

       In order to hunt deer or wild turkey, any such person shall 4418
obtain a resident deer or wild turkey permit, as applicable, under 4419
section 1533.11 of the Revised Code. Such a person is eligible to 4420
obtain a resident deer permit regardless of whether the person is 4421
a resident of this state. However, the person need not obtain a 4422
hunting license in order to obtain such aeither permit.4423

       (B) The chief of the division of wildlife shall provide by 4424
rule adopted under section 1531.10 of the Revised Code all of the 4425
following:4426

       (1) Every resident of this state with a disability that has 4427
been determined by the veterans administration to be permanently 4428
and totally disabling, who receives a pension or compensation from 4429
the veterans administration, and who received an honorable 4430
discharge from the armed forces of the United States, and every 4431
veteran to whom the registrar of motor vehicles has issued a set 4432
of license plates under section 4503.41 of the Revised Code, shall 4433
be issued a fishing license, hunting license, fur taker permit, 4434
deer or wild turkey permit, or wetlands habitat stamp, or any 4435
combination of those licenses, permits, and stamp, free of charge 4436
on an annual, multi-year, or lifetime basis as determined 4437
appropriate by the chief when application is made to the chief in 4438
the manner prescribed by and on forms provided by the chief.4439

       (2) Every resident of the state who was born on or before 4440
December 31, 1937, shall be issued an annual fishing license, 4441
hunting license, fur taker permit, deer or wild turkey permit, or 4442
wetlands habitat stamp, or any combination of those licenses, 4443
permits, and stamp, free of charge when application is made to the 4444
chief in the manner prescribed by and on forms provided by the 4445
chief.4446

       (3) Every resident of state or county institutions, 4447
charitable institutions, and military homes in this state shall be 4448
issued an annual fishing license free of charge when application 4449
is made to the chief in the manner prescribed by and on forms 4450
provided by the chief.4451

       (4) Any mobility impaired or blind person, as defined in 4452
section 955.011 of the Revised Code, who is a resident of this 4453
state and who is unable to engage in fishing without the 4454
assistance of another person shall be issued an annual fishing 4455
license free of charge when application is made to the chief in 4456
the manner prescribed by and on forms provided by the chief. The 4457
person who is assisting the mobility impaired or blind person may 4458
assist in taking or catching fish of the kind permitted to be 4459
taken or caught without procuring the license required under 4460
section 1533.32 of the Revised Code, provided that only one line 4461
is used by both persons.4462

       (5) As used in division (B)(5) of this section, "prisoner of 4463
war" means any regularly appointed, enrolled, enlisted, or 4464
inducted member of the military forces of the United States who 4465
was captured, separated, and incarcerated by an enemy of the 4466
United States.4467

       Any person who has been a prisoner of war, was honorably 4468
discharged from the military forces, and is a resident of this 4469
state shall be issued a fishing license, hunting license, fur 4470
taker permit, or wetlands habitat stamp, or any combination of 4471
those licenses, permits, and stamp, free of charge on an annual, 4472
multi-year, or lifetime basis as determined appropriate by the 4473
chief when application is made to the chief in the manner 4474
prescribed by and on forms provided by the chief.4475

       (C) The chief shall adopt rules pursuant to section 1531.08 4476
of the Revised Code designating not more than two days, which need 4477
not be consecutive, in each year as "free sport fishing days" on 4478
which any resident may exercise the privileges accorded the holder 4479
of a fishing license issued under section 1533.32 of the Revised 4480
Code without procuring such a license, provided that the person is 4481
not otherwise violating any of the fishing laws of this state.4482

       Sec. 1711.50.  As used in sections 1711.50 to 1711.57 of the 4483
Revised Code:4484

       (A) "Amusement ride" means any mechanical, aquatic, or 4485
inflatable device, or combination of those devices that carries or 4486
conveys passengers on, along, around, over, or through a fixed or 4487
restricted course or within a defined area for the purpose of 4488
providing amusement, pleasure, or excitement. "Amusement ride" 4489
includes carnival rides, bungee jumping facilities, and fair 4490
rides, but does not include passenger tramways as defined in 4491
section 4169.01 of the Revised Code or amusement rides operated 4492
solely at trade shows for a limited period of time. For purposes 4493
of this division (A) of this section, "trade show" means a place 4494
of exhibition not open to the general public where amusement ride 4495
manufacturers display, promote, operate, and sell amusement rides 4496
to prospective purchasers.4497

       (B) "Temporary amusement ride" means an amusement ride that 4498
is relocated at least once per year with or without disassembly.4499

       (C) "Permanent amusement ride" means an amusement ride that 4500
is erected to remain a lasting part of the premises.4501

       (D) "Owner" means any person who owns or leases and controls 4502
or manages the operation of an amusement ride, and includes 4503
individuals, partnerships, corporations, both profit and 4504
nonprofit, and the state and any of its political subdivisions and 4505
their departments or agencies.4506

       (E) "Operation" means the use or operation, or both, of an 4507
amusement ride with riders.4508

       (F) "Rider" means any person who sits, stands, or is 4509
otherwise conveyed or carried as a passenger on an amusement ride, 4510
but does not include employees or agents of the owner of the 4511
amusement ride.4512

       (G) "Amusement ride operator" means any person causing the 4513
amusement ride to go, stop, or perform its function.4514

       (H) "Reassembly" means the installation, erection, or 4515
reconstruction of the main mechanical, safety, electrical, or 4516
electronic components of an amusement ride following 4517
transportation or storage and prior to operation. Replacement of 4518
mechanical, safety, electrical, or electronic components of an 4519
amusement ride for the purpose of repair or maintenance is not 4520
reassembly.4521

       (I) "Repair" means to restore an amusement ride to a 4522
condition equal to or better than original design specifications.4523

       (J) "Maintenance" means the preservation and upkeep of an 4524
amusement ride for the purpose of maintaining its designed 4525
operational capability.4526

       (K) "Inspection" means a physical examination of an amusement 4527
ride by an inspector for the purpose of approving the application 4528
for a permit. "Inspection" includes a reinspection.4529

       (L) "Accident" means an occurrence during the operation of an 4530
amusement ride whichthat results in death or injury requiring 4531
immediate hospital admission.4532

       (M) "Serious injury" means an injury that does not require 4533
immediate hospital admission but does require medical treatment, 4534
other than first aid, by a physician.4535

       (N) "First aid" means the one-time treatment or subsequent 4536
observation of scratches, cuts not requiring stitches, burns, 4537
splinters, and contusions or a diagnostic procedure, including 4538
examinations and x-rays, whichthat does not ordinarily require 4539
medical treatment even though provided by a physician or other 4540
licensed professional personnel.4541

       (O) "Advisory council" means the advisory council on 4542
amusement ride safety created by section 1711.51 of the Revised 4543
Code.4544

       (P) "Safe operation" means, except as provided in section 4545
1711.57 of the Revised Code, the practical application of 4546
maintenance, inspection, and operational processes, as indicated 4547
by the manufacturer, owner, or advisory council, that secures a 4548
rider from threat of physical danger, harm, or loss.4549

       (Q) "Private facility" means any facility that is accessible 4550
only to members of the facility and not accessible to the general 4551
public, even upon payment of a fee or charge, and that requires 4552
approval for membership by a membership committee representing the 4553
current members who have a policy requiring monetary payment to 4554
belong to the facility.4555

       (R) "Bungee jumping" means a fall or jump from a height by an 4556
individual who is attached to an elastic cord that prevents the 4557
individual from hitting the ground, water, or other solid, 4558
semi-solid, liquid, or elastic surface.4559

       (S) "Bungee jumping facility" means a device or structure 4560
utilized for bungee jumping.4561

       (T) "Kiddie ride" means an amusement ride designed for use by 4562
children under thirteen years of age who are unaccompanied by 4563
another person. "Kiddie ride" includes a roller coaster that is 4564
not more than forty feet in elevation at any point on the ride.4565

       Sec. 1711.53.  (A)(1) No person shall operate an amusement 4566
ride within the state without a permit issued by the director of 4567
agriculture under division (A)(2) of this section. The owner of an 4568
amusement ride, whether the ride is a temporary amusement ride or 4569
a permanent amusement ride, who desires to operate the amusement 4570
ride within the state shall, prior to the operation of the 4571
amusement ride and annually thereafter, submit to the department 4572
of agriculture an application for a permit, together with the 4573
appropriate permit and inspection fee, on a form to be furnished 4574
by the department. Prior to issuing any permit the department 4575
shall, within thirty days after the date on which it receives the 4576
application, inspect each amusement ride described in the 4577
application. The owner of an amusement ride shall have the 4578
amusement ride ready for inspection not later than two hours after 4579
the time that is requested by the person for the inspection.4580

       (2) For each amusement ride found to comply with the rules 4581
adopted by the director under division (B) of this section and 4582
division (B) of section 1711.551 of the Revised Code, the director 4583
shall issue an annual permit, provided that evidence of liability 4584
insurance coverage for the amusement ride as required by section 4585
1711.54 of the Revised Code is on file with the department.4586

       (3) The director shall issue with each permit a decal 4587
indicating that the amusement ride has been issued the permit. The 4588
owner of the amusement ride shall affix the decal on the ride at a 4589
location where the decal is easily visible to the patrons of the 4590
ride. A copy of the permit shall be kept on file at the same 4591
address as the location of the amusement ride identified on the 4592
permit, and shall be made available for inspection, upon 4593
reasonable demand, by any person. An owner may operate an 4594
amusement ride prior to obtaining a permit, provided that the 4595
operation is for the purpose of testing the amusement ride or 4596
training amusement ride operators and other employees of the owner 4597
and the amusement ride is not open to the public.4598

       (B) The director, in accordance with Chapter 119. of the 4599
Revised Code, shall adopt rules providing for a schedule of fines, 4600
with no fine exceeding five thousand dollars, for violations of 4601
sections 1711.50 to 1711.57 of the Revised Code or any rules 4602
adopted under this division and for the classification of 4603
amusement rides and rules for the safe operation and inspection of 4604
all amusement rides as are necessary for amusement ride safety and 4605
for the protection of the general public. Rules adopted by the 4606
director for the safe operation and inspection of amusement rides 4607
shall be reasonable and based upon generally accepted engineering 4608
standards and practices. In adopting rules under this section, the 4609
director may adopt by reference, in whole or in part, the national 4610
fire code or the national electrical code (NEC) prepared by the 4611
national fire protection association, the standards of the 4612
American society for testing and materials (ASTM) or the American 4613
national standards institute (ANSI), or any other principles, 4614
tests, or standards of nationally recognized technical or 4615
scientific authorities. Insofar as is practicable and consistent 4616
with sections 1711.50 to 1711.57 of the Revised Code, rules 4617
adopted under this division shall be consistent with the rules of 4618
other states. The department shall cause sections 1711.50 to 4619
1711.57 of the Revised Code and the rules adopted in accordance 4620
with this division and division (B) of section 1711.551 of the 4621
Revised Code to be published in pamphlet form and a copy to be 4622
furnished without charge to each owner of an amusement ride who 4623
holds a current permit or is an applicant therefor.4624

       (C) With respect to an application for a permit for an 4625
amusement ride, an owner may apply to the director for a waiver or 4626
modification of any rule adopted under division (B) of this 4627
section if there are practical difficulties or unnecessary 4628
hardships for the amusement ride to comply with the rules. Any 4629
application shall set forth the reasons for the request. The 4630
director, with the approval of the advisory council on amusement 4631
ride safety, may waive or modify the application of a rule to any 4632
amusement ride if the public safety is secure. Any authorization 4633
by the director under this division shall be in writing and shall 4634
set forth the conditions under which the waiver or modification is 4635
authorized, and the department shall retain separate records of 4636
all proceedings under this division.4637

       (D)(1) The director shall employ and provide for training of 4638
a chief inspector and additional inspectors and employees as may 4639
be necessary to administer and enforce sections 1711.50 to 1711.57 4640
of the Revised Code. The director may appoint or contract with 4641
other persons to perform inspections of amusement rides, provided 4642
that the persons meet the qualifications for inspectors 4643
established by rules adopted under division (B) of this section 4644
and are not owners, or employees of owners, of any amusement ride 4645
subject to inspection under sections 1711.50 to 1711.57 of the 4646
Revised Code. No person shall inspect an amusement ride who, 4647
within six months prior to the date of inspection, was an employee 4648
of the owner of the ride.4649

       (2) Before the director contracts with other persons to 4650
inspect amusement rides, the director shall seek the advice of the 4651
advisory council on amusement ride safety on whether to contract 4652
with those persons. The advice shall not be binding upon the 4653
director. After having received the advice of the council, the 4654
director may proceed to contract with inspectors in accordance 4655
with the procedures specified in division (E)(2) of section 4656
1711.11 of the Revised Code.4657

       (3) With the advice and consent of the advisory council on 4658
amusement ride safety, the director may employ a special 4659
consultant to conduct an independent investigation of an amusement 4660
ride accident. This consultant need not be in the civil service of 4661
the state, but shall have qualifications to conduct the 4662
investigation acceptable to the council.4663

       (E)(1) Except as otherwise provided in division (E)(1) of 4664
this section, the department shall charge the following amusement 4665
ride fees:4666

Permit $ 150 4667
Annual inspection and reinspection per ride: 4668
Kiddie rides $ 100 4669
Roller coaster $ 950 1,200 4670
Aerial lifts or bungee jumping facilities $ 450 4671
Go karts, per kart $ 5 4672
Inflatable rides, kiddie and adult $ 105 4673
Other rides $ 160 4674
Midseason operational inspection per ride $ 25 4675
Expedited inspection per ride $ 100 4676
Failure to cancel scheduled inspection per ride $ 100 4677
Failure to have amusement ride ready for inspection 4678
per ride $ 100 4679

       The go kart inspection fee is in addition to the inspection 4680
fee for the go kart track.4681

       The fees for an expedited inspection, failure to cancel a 4682
scheduled inspection, and failure to have an amusement ride ready 4683
for inspection do not apply to go karts.4684

       As used in division (E)(1) of this section, "expedited 4685
inspection" means an inspection of an amusement ride by the 4686
department not later than ten days after the owner of the 4687
amusement ride files an application for a permit under this 4688
section.4689

       (2) All fees and fines collected by the department under 4690
sections 1711.50 to 1711.57 of the Revised Code shall be deposited 4691
in the state treasury to the credit of the amusement ride 4692
inspection fund, which is hereby created, and shall be used only 4693
for the purpose of administering and enforcing sections 1711.11 4694
and 1711.50 to 1711.57 of the Revised Code.4695

       (3) The owner of an amusement ride shall be required to pay a 4696
reinspection fee only if the reinspection was conducted at the 4697
owner's request under division (F) of this section, if the 4698
reinspection is required by division (F) of this section because 4699
of an accident, or if the reinspection is required by division (F) 4700
of section 1711.55 of the Revised Code. If a reinspection is 4701
conducted at the request of the chief officer of a fair, festival, 4702
or event where the ride is operating, the reinspection fee shall 4703
be charged to the fair, festival, or event.4704

       (4) The rules adopted under division (B) of this section 4705
shall define "kiddie rides," "roller coaster," "aerial lifts," "go 4706
karts," and "other rides" for purposes of determining the fees 4707
under division (E) of this section. The rules shall define "other 4708
rides" to include go kart tracks.4709

       (F) A reinspection of an amusement ride shall take place if 4710
an accident occurs, if the owner of the ride or the chief officer 4711
of the fair, festival, or event where the ride is operating 4712
requests a reinspection, or if the reinspection is required by 4713
division (F) of section 1711.55 of the Revised Code.4714

       (G) As a supplement to its annual inspection of a temporary 4715
amusement ride, the department may inspect the ride during each 4716
scheduled event, as listed in the schedule of events provided to 4717
the department by the owner pursuant to division (C) of section 4718
1711.55 of the Revised Code, at which the ride is operated in this 4719
state. These supplemental inspections are in addition to any other 4720
inspection or reinspection of the ride as may be required under 4721
sections 1711.50 to 1711.57 of the Revised Code, and the owner of 4722
the temporary amusement ride is not required to pay an inspection 4723
or reinspection fee for this supplemental inspection. Nothing in 4724
this division shall be construed to prohibit the owner of a 4725
temporary amusement ride having a valid permit to operate in this 4726
state from operating the ride at a scheduled event before the 4727
department conducts a supplemental inspection.4728

       (H) The department may annually conduct a midseason 4729
operational inspection of every amusement ride upon which it 4730
conducts an annual inspection pursuant to division (A) of this 4731
section. The midseason operational inspection is in addition to 4732
any other inspection or reinspection of the amusement ride as may 4733
be required pursuant to sections 1711.50 to 1711.57 of the Revised 4734
Code. The owner of an amusement ride shall submit to the 4735
department, at the time determined by the department, the 4736
midseason operational inspection fee specified in division (E) of 4737
this section. The director, in accordance with Chapter 119. of the 4738
Revised Code, shall adopt rules specifying the time period during 4739
which the department will conduct midseason operational 4740
inspections.4741

       Sec. 2151.417.  (A) Any court that issues a dispositional 4742
order pursuant to section 2151.353, 2151.414, or 2151.415 of the 4743
Revised Code may review at any time the child's placement or 4744
custody arrangement, the case plan prepared for the child pursuant 4745
to section 2151.412 of the Revised Code, the actions of the public 4746
children services agency or private child placing agency in 4747
implementing that case plan, the child's permanency plan if the 4748
child's permanency plan has been approved, and any other aspects 4749
of the child's placement or custody arrangement. In conducting the 4750
review, the court shall determine the appropriateness of any 4751
agency actions, the safety and appropriateness of continuing the 4752
child's placement or custody arrangement, and whether any changes 4753
should be made with respect to the child's permanency plan or 4754
placement or custody arrangement or with respect to the actions of 4755
the agency under the child's placement or custody arrangement. 4756
Based upon the evidence presented at a hearing held after notice 4757
to all parties and the guardian ad litem of the child, the court 4758
may require the agency, the parents, guardian, or custodian of the 4759
child, and the physical custodians of the child to take any 4760
reasonable action that the court determines is necessary and in 4761
the best interest of the child or to discontinue any action that 4762
it determines is not in the best interest of the child.4763

       (B) If a court issues a dispositional order pursuant to 4764
section 2151.353, 2151.414, or 2151.415 of the Revised Code, the 4765
court has continuing jurisdiction over the child as set forth in 4766
division (E)(1) of section 2151.353 of the Revised Code. The court 4767
may amend a dispositional order in accordance with division (E)(2) 4768
of section 2151.353 of the Revised Code at any time upon its own 4769
motion or upon the motion of any interested party. The court shall 4770
comply with section 2151.42 of the Revised Code in amending any 4771
dispositional order pursuant to this division.4772

       (C) Any court that issues a dispositional order pursuant to 4773
section 2151.353, 2151.414, or 2151.415 of the Revised Code shall 4774
hold a review hearing one year after the earlier of the date on 4775
which the complaint in the case was filed or the child was first 4776
placed into shelter care to review the case plan prepared pursuant 4777
to section 2151.412 of the Revised Code and the child's placement 4778
or custody arrangement, to approve or review the permanency plan 4779
for the child, and to make changes to the case plan and placement 4780
or custody arrangement consistent with the permanency plan. The 4781
court shall schedule the review hearing at the time that it holds 4782
the dispositional hearing pursuant to section 2151.35 of the 4783
Revised Code.4784

       The court shall hold a similar review hearing no later than 4785
every twelve months after the initial review hearing until the 4786
child is adopted, returned to the parents, or the court otherwise 4787
terminates the child's placement or custody arrangement, except 4788
that the dispositional hearing held pursuant to section 2151.415 4789
of the Revised Code shall take the place of the first review 4790
hearing to be held under this section. The court shall schedule 4791
each subsequent review hearing at the conclusion of the review 4792
hearing immediately preceding the review hearing to be scheduled.4793

       (D) If, within fourteen days after a written summary of an 4794
administrative review is filed with the court pursuant to section 4795
2151.416 of the Revised Code, the court does not approve the 4796
proposed change to the case plan filed pursuant to division (E) of 4797
section 2151.416 of the Revised Code or a party or the guardian ad 4798
litem requests a review hearing pursuant to division (E) of that 4799
section, the court shall hold a review hearing in the same manner 4800
that it holds review hearings pursuant to division (C) of this 4801
section, except that if a review hearing is required by this 4802
division and if a hearing is to be held pursuant to division (C) 4803
of this section or section 2151.415 of the Revised Code, the 4804
hearing held pursuant to division (C) of this section or section 4805
2151.415 of the Revised Code shall take the place of the review 4806
hearing required by this division.4807

       (E) If a court determines pursuant to section 2151.419 of the 4808
Revised Code that a public children services agency or private 4809
child placing agency is not required to make reasonable efforts to 4810
prevent the removal of a child from the child's home, eliminate 4811
the continued removal of a child from the child's home, and return 4812
the child to the child's home, and the court does not return the 4813
child to the child's home pursuant to division (A)(3) of section 4814
2151.419 of the Revised Code, the court shall hold a review 4815
hearing to approve the permanency plan for the child and, if 4816
appropriate, to make changes to the child's case plan and the 4817
child's placement or custody arrangement consistent with the 4818
permanency plan. The court may hold the hearing immediately 4819
following the determination under section 2151.419 of the Revised 4820
Code and shall hold it no later than thirty days after making that 4821
determination.4822

       (F) The court shall give notice of the review hearings held 4823
pursuant to this section to every interested party, including, but 4824
not limited to, the appropriate agency employees who are 4825
responsible for the child's care and planning, the child's 4826
parents, any person who had guardianship or legal custody of the 4827
child prior to the custody order, the child's guardian ad litem, 4828
and the child. The court shall summon every interested party to 4829
appear at the review hearing and give them an opportunity to 4830
testify and to present other evidence with respect to the child's 4831
custody arrangement, including, but not limited to, the following: 4832
the case plan for the child,; the permanency plan, if one exists; 4833
the actions taken by the child's custodian; the need for a change 4834
in the child's custodian or caseworker; and the need for any 4835
specific action to be taken with respect to the child. The court 4836
shall require any interested party to testify or present other 4837
evidence when necessary to a proper determination of the issues 4838
presented at the review hearing. In any review hearing that 4839
pertains to a permanency plan for a child who will not be returned 4840
to the parent, the court shall consider in-state and out-of-state 4841
placement options and the court shall determine whether the 4842
in-state or the out-of-state placement continues to be appropriate 4843
and in the best interests of the child. In any review hearing that 4844
pertains to a permanency plan for a child, the court or a citizens 4845
board appointed by the court pursuant to division (H) of this 4846
section shall consult with the child, in an age-appropriate 4847
manner, regarding the proposed permanency plan for the child.4848

       (G) After the review hearing, the court shall take the 4849
following actions based upon the evidence presented:4850

       (1) If an administrative review has been conducted, determine 4851
whether the conclusions of the review are supported by a 4852
preponderance of the evidence and approve or modify the case plan 4853
based upon that evidence;4854

       (2) If the hearing was held under division (C) or (E) of this 4855
section, approve a permanency plan for the child that specifies 4856
whether and, if applicable, when the child will be safely returned 4857
home or placed for adoption, for legal custody, or in a planned 4858
permanent living arrangement. A permanency plan approved after a 4859
hearing under division (E) of this section shall not include any 4860
provision requiring the child to be returned to the child's home.4861

       (3) If the child is in temporary custody, do all of the 4862
following:4863

       (a) Determine whether the child can and should be returned 4864
home with or without an order for protective supervision;4865

       (b) If the child can and should be returned home with or 4866
without an order for protective supervision, terminate the order 4867
for temporary custody;4868

       (c) If the child cannot or should not be returned home with 4869
an order for protective supervision, determine whether the agency 4870
currently with custody of the child should retain custody or 4871
whether another public children services agency, private child 4872
placing agency, or an individual should be given custody of the 4873
child.4874

       The court shall comply with section 2151.42 of the Revised 4875
Code in taking any action under this division.4876

       (4) If the child is in permanent custody, determine what 4877
actions are required by the custodial agency and of any other 4878
organizations or persons in order to facilitate an adoption of the 4879
child and make any appropriate orders with respect to the custody 4880
arrangement or conditions of the child, including, but not limited 4881
to, a transfer of permanent custody to another public children 4882
services agency or private child placing agency;4883

       (5) Journalize the terms of the updated case plan for the 4884
child.4885

       (H) The court may appoint a referee or a citizens review 4886
board to conduct the review hearings that the court is required by 4887
this section to conduct, subject to the review and approval by the 4888
court of any determinations made by the referee or citizens review 4889
board. If the court appoints a citizens review board to conduct 4890
the review hearings, the board shall consist of one member 4891
representing the general public and four members who are trained 4892
or experienced in the care or placement of children and have 4893
training or experience in the fields of medicine, psychology, 4894
social work, education, or any related field. Of the initial 4895
appointments to the board, two shall be for a term of one year, 4896
two shall be for a term of two years, and one shall be for a term 4897
of three years, with all the terms ending one year after the date 4898
on which the appointment was made. Thereafter, all terms of the 4899
board members shall be for three years and shall end on the same 4900
day of the same month of the year as did the term that they 4901
succeed. Any member appointed to fill a vacancy occurring prior to 4902
the expiration of the term for which the member's predecessor was 4903
appointed shall hold office for the remainder of the term.4904

       (I) A copy of the court's determination following any review 4905
hearing held pursuant to this section shall be sent to the 4906
custodial agency, the guardian ad litem of the child who is the 4907
subject of the review hearing, and, if that child is not the 4908
subject of a permanent commitment hearing, the parents of the 4909
child.4910

       (J) If the hearing held under this section takes the place of 4911
an administrative review that otherwise would have been held under 4912
section 2151.416 of the Revised Code, the court at the hearing 4913
held under this section shall do all of the following in addition 4914
to any other requirements of this section:4915

       (1) Determine the continued necessity for and the safety and 4916
appropriateness of the child's placement;4917

       (2) Determine the extent of compliance with the child's case 4918
plan;4919

       (3) Determine the extent of progress that has been made 4920
toward alleviating or mitigating the causes necessitating the 4921
child's placement in foster care;4922

       (4) Project a likely date by which the child may be safely 4923
returned home or placed for adoption or legal custody.4924

       (K)(1) Whenever the court is required to approve a permanency 4925
plan under this section or section 2151.415 of the Revised Code, 4926
the public children services agency or private child placing 4927
agency that filed the complaint in the case, has custody of the 4928
child, or will be given custody of the child shall develop a 4929
permanency plan for the child. The agency must file the plan with 4930
the court prior to the hearing under this section or section 4931
2151.415 of the Revised Code.4932

       (2) The permanency plan developed by the agency must specify 4933
whether and, if applicable, when the child will be safely returned 4934
home or placed for adoption or legal custody. If the agency 4935
determines that there is a compelling reason why returning the 4936
child home or placing the child for adoption or legal custody is 4937
not in the best interest of the child, the plan shall provide that 4938
the child will be placed in a planned permanent living 4939
arrangement. A permanency plan developed as a result of a 4940
determination made under division (A)(2) of section 2151.419 of 4941
the Revised Code may not include any provision requiring the child 4942
to be returned home.4943

       (3)(a) Whenever a court is required under this section or 4944
section 2151.415 or 2151.419 of the Revised Code to conduct a 4945
review hearing to approve a permanency plan, the court shall 4946
determine whether the agency required to develop the plan has made 4947
reasonable efforts to finalize it. If the court determines the 4948
agency has not made reasonable efforts to finalize the plan, the 4949
court shall issue an order finalizing a permanency plan requiring 4950
the agency to use reasonable efforts to do the following:4951

        (i) Place the child in a timely manner into a permanent 4952
placement;4953

        (ii) Complete whatever steps are necessary to finalize the 4954
permanent placement of the child.4955

        (b) In making reasonable efforts as required in division 4956
(K)(3)(a) of this section, the agency shall consider the child's 4957
health and safety as the paramount concern.4958

       Sec. 2151.421.  (A)(1)(a) No person described in division 4959
(A)(1)(b) of this section who is acting in an official or 4960
professional capacity and knows, or has reasonable cause to 4961
suspect based on facts that would cause a reasonable person in a 4962
similar position to suspect, that a child under eighteen years of 4963
age or a mentally retarded, developmentally disabled, or 4964
physically impaired child under twenty-one years of age has 4965
suffered or faces a threat of suffering any physical or mental 4966
wound, injury, disability, or condition of a nature that 4967
reasonably indicates abuse or neglect of the child shall fail to 4968
immediately report that knowledge or reasonable cause to suspect 4969
to the entity or persons specified in this division. Except as 4970
provided in section 5120.173 of the Revised Code, the person 4971
making the report shall make it to the public children services 4972
agency or a municipal or county peace officer in the county in 4973
which the child resides or in which the abuse or neglect is 4974
occurring or has occurred. In the circumstances described in 4975
section 5120.173 of the Revised Code, the person making the report 4976
shall make it to the entity specified in that section.4977

       (b) Division (A)(1)(a) of this section applies to any person 4978
who is an attorney; physician, including a hospital intern or 4979
resident; dentist; podiatrist; practitioner of a limited branch of 4980
medicine as specified in section 4731.15 of the Revised Code; 4981
registered nurse; licensed practical nurse; visiting nurse; other 4982
health care professional; licensed psychologist; licensed school 4983
psychologist; independent marriage and family therapist or 4984
marriage and family therapist; speech pathologist or audiologist; 4985
coroner; administrator or employee of a child day-care center; 4986
administrator or employee of a residential camp or child day camp; 4987
administrator or employee of a certified child care agency or 4988
other public or private children services agency; school teacher; 4989
school employee; school authority; person engaged in social work 4990
or the practice of professional counseling; agent of a county 4991
humane society; person, other than a cleric, rendering spiritual 4992
treatment through prayer in accordance with the tenets of a 4993
well-recognized religion; employee of a county department of job 4994
and family services who is a professional and who works with 4995
children and families; superintendent or regional administrator 4996
employed by the department of youth services; superintendent, 4997
board member, or employee of a county board of developmental 4998
disabilities; investigative agent contracted with by a county 4999
board of developmental disabilities; employee of the department of 5000
developmental disabilities; employee of a facility or home that 5001
provides respite care in accordance with section 5123.171 of the 5002
Revised Code; employee of a home health agency; employee of an 5003
entity that provides homemaker services; a person performing the 5004
duties of an assessor pursuant to Chapter 3107. or 5103. of the 5005
Revised Code; or third party employed by a public children 5006
services agency to assist in providing child or family related 5007
services.5008

       (2) Except as provided in division (A)(3) of this section, an 5009
attorney or a physician is not required to make a report pursuant 5010
to division (A)(1) of this section concerning any communication 5011
the attorney or physician receives from a client or patient in an 5012
attorney-client or physician-patient relationship, if, in 5013
accordance with division (A) or (B) of section 2317.02 of the 5014
Revised Code, the attorney or physician could not testify with 5015
respect to that communication in a civil or criminal proceeding.5016

       (3) The client or patient in an attorney-client or 5017
physician-patient relationship described in division (A)(2) of 5018
this section is deemed to have waived any testimonial privilege 5019
under division (A) or (B) of section 2317.02 of the Revised Code 5020
with respect to any communication the attorney or physician 5021
receives from the client or patient in that attorney-client or 5022
physician-patient relationship, and the attorney or physician 5023
shall make a report pursuant to division (A)(1) of this section 5024
with respect to that communication, if all of the following apply:5025

       (a) The client or patient, at the time of the communication, 5026
is either a child under eighteen years of age or a mentally 5027
retarded, developmentally disabled, or physically impaired person 5028
under twenty-one years of age.5029

       (b) The attorney or physician knows, or has reasonable cause 5030
to suspect based on facts that would cause a reasonable person in 5031
similar position to suspect, as a result of the communication or 5032
any observations made during that communication, that the client 5033
or patient has suffered or faces a threat of suffering any 5034
physical or mental wound, injury, disability, or condition of a 5035
nature that reasonably indicates abuse or neglect of the client or 5036
patient.5037

       (c) The abuse or neglect does not arise out of the client's 5038
or patient's attempt to have an abortion without the notification 5039
of her parents, guardian, or custodian in accordance with section 5040
2151.85 of the Revised Code.5041

       (4)(a) No cleric and no person, other than a volunteer, 5042
designated by any church, religious society, or faith acting as a 5043
leader, official, or delegate on behalf of the church, religious 5044
society, or faith who is acting in an official or professional 5045
capacity, who knows, or has reasonable cause to believe based on 5046
facts that would cause a reasonable person in a similar position 5047
to believe, that a child under eighteen years of age or a mentally 5048
retarded, developmentally disabled, or physically impaired child 5049
under twenty-one years of age has suffered or faces a threat of 5050
suffering any physical or mental wound, injury, disability, or 5051
condition of a nature that reasonably indicates abuse or neglect 5052
of the child, and who knows, or has reasonable cause to believe 5053
based on facts that would cause a reasonable person in a similar 5054
position to believe, that another cleric or another person, other 5055
than a volunteer, designated by a church, religious society, or 5056
faith acting as a leader, official, or delegate on behalf of the 5057
church, religious society, or faith caused, or poses the threat of 5058
causing, the wound, injury, disability, or condition that 5059
reasonably indicates abuse or neglect shall fail to immediately 5060
report that knowledge or reasonable cause to believe to the entity 5061
or persons specified in this division. Except as provided in 5062
section 5120.173 of the Revised Code, the person making the report 5063
shall make it to the public children services agency or a 5064
municipal or county peace officer in the county in which the child 5065
resides or in which the abuse or neglect is occurring or has 5066
occurred. In the circumstances described in section 5120.173 of 5067
the Revised Code, the person making the report shall make it to 5068
the entity specified in that section.5069

        (b) Except as provided in division (A)(4)(c) of this section, 5070
a cleric is not required to make a report pursuant to division 5071
(A)(4)(a) of this section concerning any communication the cleric 5072
receives from a penitent in a cleric-penitent relationship, if, in 5073
accordance with division (C) of section 2317.02 of the Revised 5074
Code, the cleric could not testify with respect to that 5075
communication in a civil or criminal proceeding.5076

        (c) The penitent in a cleric-penitent relationship described 5077
in division (A)(4)(b) of this section is deemed to have waived any 5078
testimonial privilege under division (C) of section 2317.02 of the 5079
Revised Code with respect to any communication the cleric receives 5080
from the penitent in that cleric-penitent relationship, and the 5081
cleric shall make a report pursuant to division (A)(4)(a) of this 5082
section with respect to that communication, if all of the 5083
following apply:5084

        (i) The penitent, at the time of the communication, is either 5085
a child under eighteen years of age or a mentally retarded, 5086
developmentally disabled, or physically impaired person under 5087
twenty-one years of age.5088

        (ii) The cleric knows, or has reasonable cause to believe 5089
based on facts that would cause a reasonable person in a similar 5090
position to believe, as a result of the communication or any 5091
observations made during that communication, the penitent has 5092
suffered or faces a threat of suffering any physical or mental 5093
wound, injury, disability, or condition of a nature that 5094
reasonably indicates abuse or neglect of the penitent.5095

        (iii) The abuse or neglect does not arise out of the 5096
penitent's attempt to have an abortion performed upon a child 5097
under eighteen years of age or upon a mentally retarded, 5098
developmentally disabled, or physically impaired person under 5099
twenty-one years of age without the notification of her parents, 5100
guardian, or custodian in accordance with section 2151.85 of the 5101
Revised Code.5102

       (d) Divisions (A)(4)(a) and (c) of this section do not apply 5103
in a cleric-penitent relationship when the disclosure of any 5104
communication the cleric receives from the penitent is in 5105
violation of the sacred trust.5106

        (e) As used in divisions (A)(1) and (4) of this section, 5107
"cleric" and "sacred trust" have the same meanings as in section 5108
2317.02 of the Revised Code.5109

       (B) Anyone who knows, or has reasonable cause to suspect 5110
based on facts that would cause a reasonable person in similar 5111
circumstances to suspect, that a child under eighteen years of age 5112
or a mentally retarded, developmentally disabled, or physically 5113
impaired person under twenty-one years of age has suffered or 5114
faces a threat of suffering any physical or mental wound, injury, 5115
disability, or other condition of a nature that reasonably 5116
indicates abuse or neglect of the child may report or cause 5117
reports to be made of that knowledge or reasonable cause to 5118
suspect to the entity or persons specified in this division. 5119
Except as provided in section 5120.173 of the Revised Code, a 5120
person making a report or causing a report to be made under this 5121
division shall make it or cause it to be made to the public 5122
children services agency or to a municipal or county peace 5123
officer. In the circumstances described in section 5120.173 of the 5124
Revised Code, a person making a report or causing a report to be 5125
made under this division shall make it or cause it to be made to 5126
the entity specified in that section.5127

       (C) Any report made pursuant to division (A) or (B) of this 5128
section shall be made forthwith either by telephone or in person 5129
and shall be followed by a written report, if requested by the 5130
receiving agency or officer. The written report shall contain:5131

       (1) The names and addresses of the child and the child's 5132
parents or the person or persons having custody of the child, if 5133
known;5134

       (2) The child's age and the nature and extent of the child's 5135
injuries, abuse, or neglect that is known or reasonably suspected 5136
or believed, as applicable, to have occurred or of the threat of 5137
injury, abuse, or neglect that is known or reasonably suspected or 5138
believed, as applicable, to exist, including any evidence of 5139
previous injuries, abuse, or neglect;5140

       (3) Any other information that might be helpful in 5141
establishing the cause of the injury, abuse, or neglect that is 5142
known or reasonably suspected or believed, as applicable, to have 5143
occurred or of the threat of injury, abuse, or neglect that is 5144
known or reasonably suspected or believed, as applicable, to 5145
exist.5146

       Any person, who is required by division (A) of this section 5147
to report child abuse or child neglect that is known or reasonably 5148
suspected or believed to have occurred, may take or cause to be 5149
taken color photographs of areas of trauma visible on a child and, 5150
if medically indicated, cause to be performed radiological 5151
examinations of the child.5152

       (D) As used in this division, "children's advocacy center" 5153
and "sexual abuse of a child" have the same meanings as in section 5154
2151.425 of the Revised Code.5155

       (1) When a municipal or county peace officer receives a 5156
report concerning the possible abuse or neglect of a child or the 5157
possible threat of abuse or neglect of a child, upon receipt of 5158
the report, the municipal or county peace officer who receives the 5159
report shall refer the report to the appropriate public children 5160
services agency.5161

       (2) When a public children services agency receives a report 5162
pursuant to this division or division (A) or (B) of this section, 5163
upon receipt of the report, the public children services agency 5164
shall do both of the following:5165

       (a) Comply with section 2151.422 of the Revised Code;5166

       (b) If the county served by the agency is also served by a 5167
children's advocacy center and the report alleges sexual abuse of 5168
a child or another type of abuse of a child that is specified in 5169
the memorandum of understanding that creates the center as being 5170
within the center's jurisdiction, comply regarding the report with 5171
the protocol and procedures for referrals and investigations, with 5172
the coordinating activities, and with the authority or 5173
responsibility for performing or providing functions, activities, 5174
and services stipulated in the interagency agreement entered into 5175
under section 2151.428 of the Revised Code relative to that 5176
center.5177

       (E) No township, municipal, or county peace officer shall 5178
remove a child about whom a report is made pursuant to this 5179
section from the child's parents, stepparents, or guardian or any 5180
other persons having custody of the child without consultation 5181
with the public children services agency, unless, in the judgment 5182
of the officer, and, if the report was made by physician, the 5183
physician, immediate removal is considered essential to protect 5184
the child from further abuse or neglect. The agency that must be 5185
consulted shall be the agency conducting the investigation of the 5186
report as determined pursuant to section 2151.422 of the Revised 5187
Code.5188

       (F)(1) Except as provided in section 2151.422 of the Revised 5189
Code or in an interagency agreement entered into under section 5190
2151.428 of the Revised Code that applies to the particular 5191
report, the public children services agency shall investigate, 5192
within twenty-four hours, each report of child abuse or child 5193
neglect that is known or reasonably suspected or believed to have 5194
occurred and of a threat of child abuse or child neglect that is 5195
known or reasonably suspected or believed to exist that is 5196
referred to it under this section to determine the circumstances 5197
surrounding the injuries, abuse, or neglect or the threat of 5198
injury, abuse, or neglect, the cause of the injuries, abuse, 5199
neglect, or threat, and the person or persons responsible. The 5200
investigation shall be made in cooperation with the law 5201
enforcement agency and in accordance with the memorandum of 5202
understanding prepared under division (J) of this section. A 5203
representative of the public children services agency shall, at 5204
the time of initial contact with the person subject to the 5205
investigation, inform the person of the specific complaints or 5206
allegations made against the person. The information shall be 5207
given in a manner that is consistent with division (H)(1) of this 5208
section and protects the rights of the person making the report 5209
under this section.5210

        A failure to make the investigation in accordance with the 5211
memorandum is not grounds for, and shall not result in, the 5212
dismissal of any charges or complaint arising from the report or 5213
the suppression of any evidence obtained as a result of the report 5214
and does not give, and shall not be construed as giving, any 5215
rights or any grounds for appeal or post-conviction relief to any 5216
person. The public children services agency shall report each case 5217
to the uniform statewide automated child welfare information 5218
system that the department of job and family services shall 5219
maintain in accordance with section 5101.13 of the Revised Code. 5220
The public children services agency shall submit a report of its 5221
investigation, in writing, to the law enforcement agency.5222

       (2) The public children services agency shall make any 5223
recommendations to the county prosecuting attorney or city 5224
director of law that it considers necessary to protect any 5225
children that are brought to its attention.5226

       (G)(1)(a) Except as provided in division (H)(3) of this 5227
section, anyone or any hospital, institution, school, health 5228
department, or agency participating in the making of reports under 5229
division (A) of this section, anyone or any hospital, institution, 5230
school, health department, or agency participating in good faith 5231
in the making of reports under division (B) of this section, and 5232
anyone participating in good faith in a judicial proceeding 5233
resulting from the reports, shall be immune from any civil or 5234
criminal liability for injury, death, or loss to person or 5235
property that otherwise might be incurred or imposed as a result 5236
of the making of the reports or the participation in the judicial 5237
proceeding.5238

       (b) Notwithstanding section 4731.22 of the Revised Code, the 5239
physician-patient privilege shall not be a ground for excluding 5240
evidence regarding a child's injuries, abuse, or neglect, or the 5241
cause of the injuries, abuse, or neglect in any judicial 5242
proceeding resulting from a report submitted pursuant to this 5243
section.5244

       (2) In any civil or criminal action or proceeding in which it 5245
is alleged and proved that participation in the making of a report 5246
under this section was not in good faith or participation in a 5247
judicial proceeding resulting from a report made under this 5248
section was not in good faith, the court shall award the 5249
prevailing party reasonable attorney's fees and costs and, if a 5250
civil action or proceeding is voluntarily dismissed, may award 5251
reasonable attorney's fees and costs to the party against whom the 5252
civil action or proceeding is brought.5253

       (H)(1) Except as provided in divisions (H)(4) and (N) of this 5254
section, a report made under this section is confidential. The 5255
information provided in a report made pursuant to this section and 5256
the name of the person who made the report shall not be released 5257
for use, and shall not be used, as evidence in any civil action or 5258
proceeding brought against the person who made the report. Nothing 5259
in this division shall preclude the use of reports of other 5260
incidents of known or suspected abuse or neglect in a civil action 5261
or proceeding brought pursuant to division (M) of this section 5262
against a person who is alleged to have violated division (A)(1) 5263
of this section, provided that any information in a report that 5264
would identify the child who is the subject of the report or the 5265
maker of the report, if the maker of the report is not the 5266
defendant or an agent or employee of the defendant, has been 5267
redacted. In a criminal proceeding, the report is admissible in 5268
evidence in accordance with the Rules of Evidence and is subject 5269
to discovery in accordance with the Rules of Criminal Procedure.5270

       (2) No person shall permit or encourage the unauthorized 5271
dissemination of the contents of any report made under this 5272
section.5273

       (3) A person who knowingly makes or causes another person to 5274
make a false report under division (B) of this section that 5275
alleges that any person has committed an act or omission that 5276
resulted in a child being an abused child or a neglected child is 5277
guilty of a violation of section 2921.14 of the Revised Code.5278

       (4) If a report is made pursuant to division (A) or (B) of 5279
this section and the child who is the subject of the report dies 5280
for any reason at any time after the report is made, but before 5281
the child attains eighteen years of age, the public children 5282
services agency or municipal or county peace officer to which the 5283
report was made or referred, on the request of the child fatality 5284
review board, shall submit a summary sheet of information 5285
providing a summary of the report to the review board of the 5286
county in which the deceased child resided at the time of death. 5287
On the request of the review board, the agency or peace officer 5288
may, at its discretion, make the report available to the review 5289
board. If the county served by the public children services agency 5290
is also served by a children's advocacy center and the report of 5291
alleged sexual abuse of a child or another type of abuse of a 5292
child is specified in the memorandum of understanding that creates 5293
the center as being within the center's jurisdiction, the agency 5294
or center shall perform the duties and functions specified in this 5295
division in accordance with the interagency agreement entered into 5296
under section 2151.428 of the Revised Code relative to that 5297
advocacy center.5298

       (5) A public children services agency shall advise a person 5299
alleged to have inflicted abuse or neglect on a child who is the 5300
subject of a report made pursuant to this section, including a 5301
report alleging sexual abuse of a child or another type of abuse 5302
of a child referred to a children's advocacy center pursuant to an 5303
interagency agreement entered into under section 2151.428 of the 5304
Revised Code, in writing of the disposition of the investigation. 5305
The agency shall not provide to the person any information that 5306
identifies the person who made the report, statements of 5307
witnesses, or police or other investigative reports.5308

       (I) Any report that is required by this section, other than a 5309
report that is made to the state highway patrol as described in 5310
section 5120.173 of the Revised Code, shall result in protective 5311
services and emergency supportive services being made available by 5312
the public children services agency on behalf of the children 5313
about whom the report is made, in an effort to prevent further 5314
neglect or abuse, to enhance their welfare, and, whenever 5315
possible, to preserve the family unit intact. The agency required 5316
to provide the services shall be the agency conducting the 5317
investigation of the report pursuant to section 2151.422 of the 5318
Revised Code.5319

       (J)(1) Each public children services agency shall prepare a 5320
memorandum of understanding that is signed by all of the 5321
following:5322

       (a) If there is only one juvenile judge in the county, the 5323
juvenile judge of the county or the juvenile judge's 5324
representative;5325

       (b) If there is more than one juvenile judge in the county, a 5326
juvenile judge or the juvenile judges' representative selected by 5327
the juvenile judges or, if they are unable to do so for any 5328
reason, the juvenile judge who is senior in point of service or 5329
the senior juvenile judge's representative;5330

       (c) The county peace officer;5331

       (d) All chief municipal peace officers within the county;5332

       (e) Other law enforcement officers handling child abuse and 5333
neglect cases in the county;5334

       (f) The prosecuting attorney of the county;5335

       (g) If the public children services agency is not the county 5336
department of job and family services, the county department of 5337
job and family services;5338

       (h) The county humane society;5339

       (i) If the public children services agency participated in 5340
the execution of a memorandum of understanding under section 5341
2151.426 of the Revised Code establishing a children's advocacy 5342
center, each participating member of the children's advocacy 5343
center established by the memorandum.5344

       (2) A memorandum of understanding shall set forth the normal 5345
operating procedure to be employed by all concerned officials in 5346
the execution of their respective responsibilities under this 5347
section and division (C) of section 2919.21, division (B)(1) of 5348
section 2919.22, division (B) of section 2919.23, and section 5349
2919.24 of the Revised Code and shall have as two of its primary 5350
goals the elimination of all unnecessary interviews of children 5351
who are the subject of reports made pursuant to division (A) or 5352
(B) of this section and, when feasible, providing for only one 5353
interview of a child who is the subject of any report made 5354
pursuant to division (A) or (B) of this section. A failure to 5355
follow the procedure set forth in the memorandum by the concerned 5356
officials is not grounds for, and shall not result in, the 5357
dismissal of any charges or complaint arising from any reported 5358
case of abuse or neglect or the suppression of any evidence 5359
obtained as a result of any reported child abuse or child neglect 5360
and does not give, and shall not be construed as giving, any 5361
rights or any grounds for appeal or post-conviction relief to any 5362
person.5363

       (3) A memorandum of understanding shall include all of the 5364
following:5365

       (a) The roles and responsibilities for handling emergency and 5366
nonemergency cases of abuse and neglect;5367

       (b) Standards and procedures to be used in handling and 5368
coordinating investigations of reported cases of child abuse and 5369
reported cases of child neglect, methods to be used in 5370
interviewing the child who is the subject of the report and who 5371
allegedly was abused or neglected, and standards and procedures 5372
addressing the categories of persons who may interview the child 5373
who is the subject of the report and who allegedly was abused or 5374
neglected.5375

       (4) If a public children services agency participated in the 5376
execution of a memorandum of understanding under section 2151.426 5377
of the Revised Code establishing a children's advocacy center, the 5378
agency shall incorporate the contents of that memorandum in the 5379
memorandum prepared pursuant to this section.5380

       (5) The clerk of the court of common pleas in the county may 5381
sign the memorandum of understanding prepared under division 5382
(J)(1) of this section. If the clerk signs the memorandum of 5383
understanding, the clerk shall execute all relevant 5384
responsibilities as required of officials specified in the 5385
memorandum.5386

       (K)(1) Except as provided in division (K)(4) of this section, 5387
a person who is required to make a report pursuant to division (A) 5388
of this section may make a reasonable number of requests of the 5389
public children services agency that receives or is referred the 5390
report, or of the children's advocacy center that is referred the 5391
report if the report is referred to a children's advocacy center 5392
pursuant to an interagency agreement entered into under section 5393
2151.428 of the Revised Code, to be provided with the following 5394
information:5395

       (a) Whether the agency or center has initiated an 5396
investigation of the report;5397

       (b) Whether the agency or center is continuing to investigate 5398
the report;5399

       (c) Whether the agency or center is otherwise involved with 5400
the child who is the subject of the report;5401

       (d) The general status of the health and safety of the child 5402
who is the subject of the report;5403

       (e) Whether the report has resulted in the filing of a 5404
complaint in juvenile court or of criminal charges in another 5405
court.5406

       (2) A person may request the information specified in 5407
division (K)(1) of this section only if, at the time the report is 5408
made, the person's name, address, and telephone number are 5409
provided to the person who receives the report.5410

       When a municipal or county peace officer or employee of a 5411
public children services agency receives a report pursuant to 5412
division (A) or (B) of this section the recipient of the report 5413
shall inform the person of the right to request the information 5414
described in division (K)(1) of this section. The recipient of the 5415
report shall include in the initial child abuse or child neglect 5416
report that the person making the report was so informed and, if 5417
provided at the time of the making of the report, shall include 5418
the person's name, address, and telephone number in the report.5419

       Each request is subject to verification of the identity of 5420
the person making the report. If that person's identity is 5421
verified, the agency shall provide the person with the information 5422
described in division (K)(1) of this section a reasonable number 5423
of times, except that the agency shall not disclose any 5424
confidential information regarding the child who is the subject of 5425
the report other than the information described in those 5426
divisions.5427

       (3) A request made pursuant to division (K)(1) of this 5428
section is not a substitute for any report required to be made 5429
pursuant to division (A) of this section.5430

       (4) If an agency other than the agency that received or was 5431
referred the report is conducting the investigation of the report 5432
pursuant to section 2151.422 of the Revised Code, the agency 5433
conducting the investigation shall comply with the requirements of 5434
division (K) of this section.5435

       (L) The director of job and family services shall adopt rules 5436
in accordance with Chapter 119. of the Revised Code to implement 5437
this section. The department of job and family services may enter 5438
into a plan of cooperation with any other governmental entity to 5439
aid in ensuring that children are protected from abuse and 5440
neglect. The department shall make recommendations to the attorney 5441
general that the department determines are necessary to protect 5442
children from child abuse and child neglect.5443

       (M) Whoever violates division (A) of this section is liable 5444
for compensatory and exemplary damages to the child who would have 5445
been the subject of the report that was not made. A person who 5446
brings a civil action or proceeding pursuant to this division 5447
against a person who is alleged to have violated division (A)(1) 5448
of this section may use in the action or proceeding reports of 5449
other incidents of known or suspected abuse or neglect, provided 5450
that any information in a report that would identify the child who 5451
is the subject of the report or the maker of the report, if the 5452
maker is not the defendant or an agent or employee of the 5453
defendant, has been redacted.5454

       (N)(1) As used in this division:5455

        (a) "Out-of-home care" includes a nonchartered nonpublic 5456
school if the alleged child abuse or child neglect, or alleged 5457
threat of child abuse or child neglect, described in a report 5458
received by a public children services agency allegedly occurred 5459
in or involved the nonchartered nonpublic school and the alleged 5460
perpetrator named in the report holds a certificate, permit, or 5461
license issued by the state board of education under section 5462
3301.071 or Chapter 3319. of the Revised Code.5463

        (b) "Administrator, director, or other chief administrative 5464
officer" means the superintendent of the school district if the 5465
out-of-home care entity subject to a report made pursuant to this 5466
section is a school operated by the district.5467

        (2) No later than the end of the day following the day on 5468
which a public children services agency receives a report of 5469
alleged child abuse or child neglect, or a report of an alleged 5470
threat of child abuse or child neglect, that allegedly occurred in 5471
or involved an out-of-home care entity, the agency shall provide 5472
written notice of the allegations contained in and the person 5473
named as the alleged perpetrator in the report to the 5474
administrator, director, or other chief administrative officer of 5475
the out-of-home care entity that is the subject of the report 5476
unless the administrator, director, or other chief administrative 5477
officer is named as an alleged perpetrator in the report. If the 5478
administrator, director, or other chief administrative officer of 5479
an out-of-home care entity is named as an alleged perpetrator in a 5480
report of alleged child abuse or child neglect, or a report of an 5481
alleged threat of child abuse or child neglect, that allegedly 5482
occurred in or involved the out-of-home care entity, the agency 5483
shall provide the written notice to the owner or governing board 5484
of the out-of-home care entity that is the subject of the report. 5485
The agency shall not provide witness statements or police or other 5486
investigative reports.5487

       (3) No later than three days after the day on which a public 5488
children services agency that conducted the investigation as 5489
determined pursuant to section 2151.422 of the Revised Code makes 5490
a disposition of an investigation involving a report of alleged 5491
child abuse or child neglect, or a report of an alleged threat of 5492
child abuse or child neglect, that allegedly occurred in or 5493
involved an out-of-home care entity, the agency shall send written 5494
notice of the disposition of the investigation to the 5495
administrator, director, or other chief administrative officer and 5496
the owner or governing board of the out-of-home care entity. The 5497
agency shall not provide witness statements or police or other 5498
investigative reports.5499

       (O) As used in this section, "investigation" means the public 5500
children services agency's response to an accepted report of child 5501
abuse or neglect through either an alternative response or a 5502
traditional response.5503

       Sec. 2152.19.  (A) If a child is adjudicated a delinquent 5504
child, the court may make any of the following orders of 5505
disposition, in addition to any other disposition authorized or 5506
required by this chapter:5507

       (1) Any order that is authorized by section 2151.353 of the 5508
Revised Code for the care and protection of an abused, neglected, 5509
or dependent child;5510

       (2) Commit the child to the temporary custody of any school, 5511
camp, institution, or other facility operated for the care of 5512
delinquent children by the county, by a district organized under 5513
section 2152.41 or 2151.65 of the Revised Code, or by a private 5514
agency or organization, within or without the state, that is 5515
authorized and qualified to provide the care, treatment, or 5516
placement required, including, but not limited to, a school, camp, 5517
or facility operated under section 2151.65 of the Revised Code;5518

       (3) Place the child in a detention facility or district 5519
detention facility operated under section 2152.41 of the Revised 5520
Code, for up to ninety days;5521

       (4) Place the child on community control under any sanctions, 5522
services, and conditions that the court prescribes. As a condition 5523
of community control in every case and in addition to any other 5524
condition that it imposes upon the child, the court shall require 5525
the child to abide by the law during the period of community 5526
control. As referred to in this division, community control 5527
includes, but is not limited to, the following sanctions and 5528
conditions:5529

       (a) A period of basic probation supervision in which the 5530
child is required to maintain contact with a person appointed to 5531
supervise the child in accordance with sanctions imposed by the 5532
court;5533

       (b) A period of intensive probation supervision in which the 5534
child is required to maintain frequent contact with a person 5535
appointed by the court to supervise the child while the child is 5536
seeking or maintaining employment and participating in training, 5537
education, and treatment programs as the order of disposition;5538

       (c) A period of day reporting in which the child is required 5539
each day to report to and leave a center or another approved 5540
reporting location at specified times in order to participate in 5541
work, education or training, treatment, and other approved 5542
programs at the center or outside the center;5543

       (d) A period of community service of up to five hundred hours 5544
for an act that would be a felony or a misdemeanor of the first 5545
degree if committed by an adult, up to two hundred hours for an 5546
act that would be a misdemeanor of the second, third, or fourth 5547
degree if committed by an adult, or up to thirty hours for an act 5548
that would be a minor misdemeanor if committed by an adult;5549

       (e) A requirement that the child obtain a high school 5550
diploma, a certificate of high school equivalence, vocational 5551
training, or employment;5552

       (f) A period of drug and alcohol use monitoring;5553

       (g) A requirement of alcohol or drug assessment or 5554
counseling, or a period in an alcohol or drug treatment program 5555
with a level of security for the child as determined necessary by 5556
the court;5557

       (h) A period in which the court orders the child to observe a 5558
curfew that may involve daytime or evening hours;5559

       (i) A requirement that the child serve monitored time;5560

       (j) A period of house arrest without electronic monitoring or 5561
continuous alcohol monitoring;5562

       (k) A period of electronic monitoring or continuous alcohol 5563
monitoring without house arrest, or house arrest with electronic 5564
monitoring or continuous alcohol monitoring or both electronic 5565
monitoring and continuous alcohol monitoring, that does not exceed 5566
the maximum sentence of imprisonment that could be imposed upon an 5567
adult who commits the same act.5568

       A period of house arrest with electronic monitoring or 5569
continuous alcohol monitoring or both electronic monitoring and 5570
continuous alcohol monitoring, imposed under this division shall 5571
not extend beyond the child's twenty-first birthday. If a court 5572
imposes a period of house arrest with electronic monitoring or 5573
continuous alcohol monitoring or both electronic monitoring and 5574
continuous alcohol monitoring, upon a child under this division, 5575
it shall require the child: to remain in the child's home or other 5576
specified premises for the entire period of house arrest with 5577
electronic monitoring or continuous alcohol monitoring or both 5578
except when the court permits the child to leave those premises to 5579
go to school or to other specified premises. Regarding electronic 5580
monitoring, the court also shall require the child to be monitored 5581
by a central system that can determine the child's location at 5582
designated times; to report periodically to a person designated by 5583
the court; and to enter into a written contract with the court 5584
agreeing to comply with all requirements imposed by the court, 5585
agreeing to pay any fee imposed by the court for the costs of the 5586
house arrest with electronic monitoring, and agreeing to waive the 5587
right to receive credit for any time served on house arrest with 5588
electronic monitoring toward the period of any other dispositional 5589
order imposed upon the child if the child violates any of the 5590
requirements of the dispositional order of house arrest with 5591
electronic monitoring. The court also may impose other reasonable 5592
requirements upon the child.5593

       Unless ordered by the court, a child shall not receive credit 5594
for any time served on house arrest with electronic monitoring or 5595
continuous alcohol monitoring or both toward any other 5596
dispositional order imposed upon the child for the act for which 5597
was imposed the dispositional order of house arrest with 5598
electronic monitoring or continuous alcohol monitoring. As used in 5599
this division and division (A)(4)(l) of this section, "continuous 5600
alcohol monitoring" has the same meaning as in section 2929.01 of 5601
the Revised Code.5602

       (l) A suspension of the driver's license, probationary 5603
driver's license, or temporary instruction permit issued to the 5604
child for a period of time prescribed by the court, or a 5605
suspension of the registration of all motor vehicles registered in 5606
the name of the child for a period of time prescribed by the 5607
court. A child whose license or permit is so suspended is 5608
ineligible for issuance of a license or permit during the period 5609
of suspension. At the end of the period of suspension, the child 5610
shall not be reissued a license or permit until the child has paid 5611
any applicable reinstatement fee and complied with all 5612
requirements governing license reinstatement.5613

       (5) Commit the child to the custody of the court;5614

       (6) Require the child to not be absent without legitimate 5615
excuse from the public school the child is supposed to attend for 5616
five or more consecutive days, seven or more school days in one 5617
school month, or twelve or more school days in a school year;5618

       (7)(a) If a child is adjudicated a delinquent child for being 5619
a chronic truant or a habitual truant who previously has been 5620
adjudicated an unruly child for being a habitual truant, do either 5621
or both of the following:5622

       (i) Require the child to participate in a truancy prevention 5623
mediation program;5624

       (ii) Make any order of disposition as authorized by this 5625
section, except that the court shall not commit the child to a 5626
facility described in division (A)(2) or (3) of this section 5627
unless the court determines that the child violated a lawful court 5628
order made pursuant to division (C)(1)(e) of section 2151.354 of 5629
the Revised Code or division (A)(6) of this section.5630

       (b) If a child is adjudicated a delinquent child for being a 5631
chronic truant or a habitual truant who previously has been 5632
adjudicated an unruly child for being a habitual truant and the 5633
court determines that the parent, guardian, or other person having 5634
care of the child has failed to cause the child's attendance at 5635
school in violation of section 3321.38 of the Revised Code, do 5636
either or both of the following:5637

       (i) Require the parent, guardian, or other person having care 5638
of the child to participate in a truancy prevention mediation 5639
program;5640

       (ii) Require the parent, guardian, or other person having 5641
care of the child to participate in any community service program, 5642
preferably a community service program that requires the 5643
involvement of the parent, guardian, or other person having care 5644
of the child in the school attended by the child.5645

       (8) Make any further disposition that the court finds proper, 5646
except that the child shall not be placed in any of the following:5647

       (a) Aa state correctional institution, a county, 5648
multicounty, or municipal jail or workhouse, or another place in 5649
which an adult convicted of a crime, under arrest, or charged with 5650
a crime is held;5651

       (b) A community corrections facility, if the child would be 5652
covered by the definition of public safety beds for purposes of 5653
sections 5139.41 to 5139.43 of the Revised Code if the court 5654
exercised its authority to commit the child to the legal custody 5655
of the department of youth services for institutionalization or 5656
institutionalization in a secure facility pursuant to this 5657
chapter.5658

       (B) If a child is adjudicated a delinquent child, in addition 5659
to any order of disposition made under division (A) of this 5660
section, the court, in the following situations and for the 5661
specified periods of time, shall suspend the child's temporary 5662
instruction permit, restricted license, probationary driver's 5663
license, or nonresident operating privilege, or suspend the 5664
child's ability to obtain such a permit:5665

       (1) If the child is adjudicated a delinquent child for 5666
violating section 2923.122 of the Revised Code, impose a class 5667
four suspension of the child's license, permit, or privilege from 5668
the range specified in division (A)(4) of section 4510.02 of the 5669
Revised Code or deny the child the issuance of a license or permit 5670
in accordance with division (F)(1) of section 2923.122 of the 5671
Revised Code.5672

       (2) If the child is adjudicated a delinquent child for 5673
committing an act that if committed by an adult would be a drug 5674
abuse offense or for violating division (B) of section 2917.11 of 5675
the Revised Code, suspend the child's license, permit, or 5676
privilege for a period of time prescribed by the court. The court, 5677
in its discretion, may terminate the suspension if the child 5678
attends and satisfactorily completes a drug abuse or alcohol abuse 5679
education, intervention, or treatment program specified by the 5680
court. During the time the child is attending a program described 5681
in this division, the court shall retain the child's temporary 5682
instruction permit, probationary driver's license, or driver's 5683
license, and the court shall return the permit or license if it 5684
terminates the suspension as described in this division.5685

       (C) The court may establish a victim-offender mediation 5686
program in which victims and their offenders meet to discuss the 5687
offense and suggest possible restitution. If the court obtains the 5688
assent of the victim of the delinquent act committed by the child, 5689
the court may require the child to participate in the program.5690

       (D)(1) If a child is adjudicated a delinquent child for 5691
committing an act that would be a felony if committed by an adult 5692
and if the child caused, attempted to cause, threatened to cause, 5693
or created a risk of physical harm to the victim of the act, the 5694
court, prior to issuing an order of disposition under this 5695
section, shall order the preparation of a victim impact statement 5696
by the probation department of the county in which the victim of 5697
the act resides, by the court's own probation department, or by a 5698
victim assistance program that is operated by the state, a county, 5699
a municipal corporation, or another governmental entity. The court 5700
shall consider the victim impact statement in determining the 5701
order of disposition to issue for the child.5702

       (2) Each victim impact statement shall identify the victim of 5703
the act for which the child was adjudicated a delinquent child, 5704
itemize any economic loss suffered by the victim as a result of 5705
the act, identify any physical injury suffered by the victim as a 5706
result of the act and the seriousness and permanence of the 5707
injury, identify any change in the victim's personal welfare or 5708
familial relationships as a result of the act and any 5709
psychological impact experienced by the victim or the victim's 5710
family as a result of the act, and contain any other information 5711
related to the impact of the act upon the victim that the court 5712
requires.5713

       (3) A victim impact statement shall be kept confidential and 5714
is not a public record. However, the court may furnish copies of 5715
the statement to the department of youth services if the 5716
delinquent child is committed to the department or to both the 5717
adjudicated delinquent child or the adjudicated delinquent child's 5718
counsel and the prosecuting attorney. The copy of a victim impact 5719
statement furnished by the court to the department pursuant to 5720
this section shall be kept confidential and is not a public 5721
record. If an officer is preparing pursuant to section 2947.06 or 5722
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence 5723
investigation report pertaining to a person, the court shall make 5724
available to the officer, for use in preparing the report, a copy 5725
of any victim impact statement regarding that person. The copies 5726
of a victim impact statement that are made available to the 5727
adjudicated delinquent child or the adjudicated delinquent child's 5728
counsel and the prosecuting attorney pursuant to this division 5729
shall be returned to the court by the person to whom they were 5730
made available immediately following the imposition of an order of 5731
disposition for the child under this chapter.5732

       The copy of a victim impact statement that is made available 5733
pursuant to this division to an officer preparing a criminal 5734
presentence investigation report shall be returned to the court by 5735
the officer immediately following its use in preparing the report.5736

       (4) The department of youth services shall work with local 5737
probation departments and victim assistance programs to develop a 5738
standard victim impact statement.5739

       (E) If a child is adjudicated a delinquent child for being a 5740
chronic truant or a habitual truant who previously has been 5741
adjudicated an unruly child for being a habitual truant and the 5742
court determines that the parent, guardian, or other person having 5743
care of the child has failed to cause the child's attendance at 5744
school in violation of section 3321.38 of the Revised Code, in 5745
addition to any order of disposition it makes under this section, 5746
the court shall warn the parent, guardian, or other person having 5747
care of the child that any subsequent adjudication of the child as 5748
an unruly or delinquent child for being a habitual or chronic 5749
truant may result in a criminal charge against the parent, 5750
guardian, or other person having care of the child for a violation 5751
of division (C) of section 2919.21 or section 2919.24 of the 5752
Revised Code.5753

       (F)(1) During the period of a delinquent child's community 5754
control granted under this section, authorized probation officers 5755
who are engaged within the scope of their supervisory duties or 5756
responsibilities may search, with or without a warrant, the person 5757
of the delinquent child, the place of residence of the delinquent 5758
child, and a motor vehicle, another item of tangible or intangible 5759
personal property, or other real property in which the delinquent 5760
child has a right, title, or interest or for which the delinquent 5761
child has the express or implied permission of a person with a 5762
right, title, or interest to use, occupy, or possess if the 5763
probation officers have reasonable grounds to believe that the 5764
delinquent child is not abiding by the law or otherwise is not 5765
complying with the conditions of the delinquent child's community 5766
control. The court that places a delinquent child on community 5767
control under this section shall provide the delinquent child with 5768
a written notice that informs the delinquent child that authorized 5769
probation officers who are engaged within the scope of their 5770
supervisory duties or responsibilities may conduct those types of 5771
searches during the period of community control if they have 5772
reasonable grounds to believe that the delinquent child is not 5773
abiding by the law or otherwise is not complying with the 5774
conditions of the delinquent child's community control. The court 5775
also shall provide the written notice described in division (E)(2) 5776
of this section to each parent, guardian, or custodian of the 5777
delinquent child who is described in that division.5778

       (2) The court that places a child on community control under 5779
this section shall provide the child's parent, guardian, or other 5780
custodian with a written notice that informs them that authorized 5781
probation officers may conduct searches pursuant to division 5782
(E)(1) of this section. The notice shall specifically state that a 5783
permissible search might extend to a motor vehicle, another item 5784
of tangible or intangible personal property, or a place of 5785
residence or other real property in which a notified parent, 5786
guardian, or custodian has a right, title, or interest and that 5787
the parent, guardian, or custodian expressly or impliedly permits 5788
the child to use, occupy, or possess.5789

       (G) If a juvenile court commits a delinquent child to the 5790
custody of any person, organization, or entity pursuant to this 5791
section and if the delinquent act for which the child is so 5792
committed is a sexually oriented offense or is a child-victim 5793
oriented offense, the court in the order of disposition shall do 5794
one of the following:5795

       (1) Require that the child be provided treatment as described 5796
in division (A)(2) of section 5139.13 of the Revised Code;5797

       (2) Inform the person, organization, or entity that it is the 5798
preferred course of action in this state that the child be 5799
provided treatment as described in division (A)(2) of section 5800
5139.13 of the Revised Code and encourage the person, 5801
organization, or entity to provide that treatment.5802

       Sec. 2701.09.  In any county in which a daily law journal is 5803
printed, the judges of the courts of record, other than the court 5804
of appeals, shall jointly designate such daily law journal as the 5805
journal in which shall be published all calendars of the courts of 5806
record in such county, which calendars shall contain the numbers 5807
and titles of causes, and names of attorneys appearing therein, 5808
together with the motion dockets and such particulars and notices 5809
respecting causes, as may be specified by the judges, and each 5810
notice required to be published by any of such judges.5811

       In all cases, proceedings, administrations of estates, 5812
assignments, and matters pending in any of the courts of record of 5813
such counties in which legal notices or advertisements are 5814
required to be published, such law journal shall, once a week and 5815
on the same day of the week, publish an abstract of each such 5816
legal notice or advertisement, but the jurisdiction over, or 5817
irregularity of, a proceeding, trial, or judgment shall not be 5818
affected by anything therein. The publisher of the daily law 5819
journal also shall post the legal notice or advertisement in its 5820
entirety on the daily law journal's web site, if the daily law 5821
journal has one, and on the official public notice web site 5822
established under section 125.182 of the Revised Code at no 5823
additional cost.5824

       For the publication of such calendars, motion dockets, and 5825
notices, the fees for which are not fixed by law, the publisher of 5826
the paperjournal shall receive a sum to be fixed by the judges 5827
for each case brought, to be paid in advance by the party filing 5828
the petition, transcripts for appeal, or lien, to be taxed in the 5829
costs and collected as other costs. For the publication of 5830
abstracts of legal advertisingnotices or advertisements, such 5831
publisher shall receive a sum to be fixed by the judges for each 5832
case, proceeding, or matter, in which such advertising is had, to 5833
be taxed and collected as a part of the costs thereof.5834

       Sec. 2945.402.  (A) In approving a conditional release, the 5835
trial court may set any conditions on the release with respect to 5836
the treatment, evaluation, counseling, or control of the defendant 5837
or person that the court considers necessary to protect the public 5838
safety and the welfare of the defendant or person. The trial court 5839
may revoke a defendant's or person's conditional release and order 5840
reinstatement of the previous placement or reinstitutionalization 5841
at any time the conditions of the release have not been satisfied, 5842
provided that the revocation shall be in accordance with this 5843
section.5844

       (B) A conditional release is a commitment. The hearings on 5845
continued commitment as described in section 2945.401 of the 5846
Revised Code apply to a defendant or person on conditional 5847
release.5848

       (C) A person, agency, or facility that is assigned to monitor 5849
a defendant or person on conditional release immediately shall 5850
notify the trial court on learning that the defendant or person 5851
being monitored has violated the terms of the conditional release. 5852
Upon learning of any violation of the terms of the conditional 5853
release, the trial court may issue a temporary order of detention 5854
or, if necessary, an arrest warrant for the defendant or person. 5855
Within ten court days after the defendant's or person's detention 5856
or arrest, the trial court shall conduct a hearing to determine 5857
whether the conditional release should be modified or terminated. 5858
At the hearing, the defendant or person shall have the same rights 5859
as are described in division (C) of section 2945.40 of the Revised 5860
Code. The trial court may order a continuance of the ten-court-day 5861
period for no longer than ten days for good cause shown or for any 5862
period on motion of the defendant or person. If the trial court 5863
fails to conduct the hearing within the ten-court-day period and 5864
does not order a continuance in accordance with this division, the 5865
defendant or person shall be restored to the prior conditional 5866
release status.5867

       (D) The trial court shall give all parties reasonable notice 5868
of a hearing conducted under this section. At the hearing, the 5869
prosecutor shall present the case demonstrating that the defendant 5870
or person violated the terms of the conditional release. If the 5871
court finds by a preponderance of the evidence that the defendant 5872
or person violated the terms of the conditional release, the court 5873
may continue, modify, or terminate the conditional release and 5874
shall enter its order accordingly.5875

       (E)(1) If a court approves a conditional release, the court 5876
shall report the approval and information pertaining to the 5877
release to the local law enforcement agency. The local law 5878
enforcement agency shall enter the approval and information into 5879
the national crime information center supervised release file 5880
through the law enforcement automated data system. The information 5881
required by divisions (E)(1)(c) and (d) of this section shall be 5882
entered into the file's miscellaneous field. The information 5883
reported and entered shall include all of the following:5884

       (a) The name of the court providing the information;5885

       (b) The offense or offenses with which the defendant or 5886
person was charged;5887

       (c) Whether the person was found not guilty by reason of 5888
insanity or incompetent to stand trial with no substantial 5889
probability of becoming competent even with a course of treatment;5890

       (d) The reason for the conditional release;5891

       (e) Any other information required for the entry of 5892
information into the national crime information center supervised 5893
release file.5894

       (2) Information entered into the national crime information 5895
center supervised release file pursuant to this section shall 5896
remain in the file until the termination of the conditional 5897
release or commitment.5898

       (3) If a defendant or person about whom information is 5899
entered into the national crime information center supervised 5900
release file pursuant to division (E)(1) of this section has 5901
contact with a law enforcement agency after the information is 5902
entered, the agency shall report the contact to the department of 5903
mental health and addiction services and, if the terms of the 5904
release require the defendant or person to receive mental health 5905
treatment, to the person, office, or agency providing the 5906
treatment.5907

       (4) As used in division (E) of this section, "local law 5908
enforcement agency" means the police department of a municipal 5909
corporation in which the offense with which a releasee was charged 5910
allegedly occurred or, if the offense did not allegedly occur in a 5911
municipal corporation, the sheriff of the county in which the 5912
offense allegedly occurred.5913

       Sec. 3123.89. (A) Subject to section 3770.071 of the Revised 5914
Code, a child support enforcement agency that determines that an 5915
obligor who is the recipient of a lottery prize award is subject 5916
to a final and enforceable determination of default made under 5917
sections 3123.01 to 3123.07 of the Revised Code shall issue an 5918
intercept directive to the director of the state lottery 5919
commission. A copy of this intercept directive shall be sent to 5920
the obligor.5921

       (B) The intercept directive shall require the director or the 5922
director's designee to transmit an amount or amounts from the 5923
proceeds of the specified lottery prize award to the office of 5924
child support in the department of job and family services. The 5925
intercept directive also shall contain all of the following 5926
information:5927

       (1) The name, address, and social security number or taxpayer 5928
identification number of the obligor;5929

       (2) A statement that the obligor has been determined to be in 5930
default under a support order;5931

       (3) The amount of the arrearage owed by the obligor as 5932
determined by the agency.5933

       (C) After receipt of an intercept directive and in accordance 5934
with section 3770.071 of the Revised Code, the director or the 5935
director's designee shall deduct the amount or amounts specified 5936
from the proceeds of the lottery prize award referred to in the 5937
directive and transmit the amounts to the office of child support.5938

       (D) The department of job and family services shall develop 5939
and implement a data match program with the state lottery 5940
commission or its lottery sales agents to identify obligors who 5941
are subject to a final and enforceable determination of default 5942
made under sections 3123.01 to 3123.07 of the Revised Code in 5943
accordance with section 3770.071 of the Revised Code.5944

       Sec. 3123.90.  (A) As used in this section, "casino 5945
facility," "casino operator," and "management company" have the 5946
meanings defined in section 3772.01 of the Revised Code.5947

       (B) The department of job and family services shall develop 5948
and implement a data match program with each casino facility's 5949
casino operator or management company to identify obligors who are 5950
subject to a final and enforceable determination of default made 5951
under sections 3123.01 to 3123.07 of the Revised Code.5952

       (C) Upon the data match program's implementation, if a 5953
person's winnings at a casino facility are an amount for which 5954
reporting to the internal revenue service of the amount is 5955
required by section 6041 of the Internal Revenue Code, as amended, 5956
the casino operator or management company shall determine if the 5957
person entitled to the winnings is in default under a support 5958
order. If the casino operator or management company determines 5959
that the person is in default, the casino operator or management 5960
company shall withhold from the person's winnings an amount 5961
sufficient to satisfy any past due support owed by the obligor 5962
identified in the data match up to the amount of the winnings.5963

       (D) Not later than seven days after withholding the amount, 5964
the casino operator or management company shall transmit any 5965
amount withheld to the department as payment on the support 5966
obligation.5967

       (E) The Department may adopt rules under Chapter 119. of the 5968
Revised Code as are necessary for implementation of this section.5969

       Sec. 3313.90.  As used in this section, "formula ADM" has the 5970
same meaning as in section 3317.02 of the Revised Code. 5971
Notwithstanding division (D) of section 3311.19 and division (D) 5972
of section 3311.52 of the Revised Code, the provisions of this 5973
section that apply to a city school district do not apply to any 5974
joint vocational or cooperative education school district.5975

       (A) Each city, local, and exempted village school district 5976
shall, by one of the following means, provide vocational5977
career-technical education adequate to prepare a pupil enrolled 5978
therein for an occupation:5979

       (1) Establishing and maintaining a vocational5980
career-technical education program that meets standards adopted by 5981
the state board of education;5982

       (2) Being a member of a joint vocational school district that 5983
meets standards adopted by the state board;5984

       (3) Contracting for vocationalcareer-technical education 5985
with a joint vocational school district or another school district 5986
that meets the standards adopted by the state board.5987

       The standards of the state board of education shall include 5988
criteria for the participation by nonpublic students in vocational5989
career-technical education programs without financial assessment, 5990
charge, or tuition to such student except such assessments, 5991
charges, or tuition paid by resident public school students in 5992
such programs. Such nonpublic school students shall be included in 5993
the formula ADM of the school district maintaining the vocational5994
career-technical education program as part-time students in 5995
proportion to the time spent in the vocationalcareer-technical5996
education program.5997

       By the thirtieth day of October of each year, the 5998
superintendent of public instruction shall determine and certify 5999
to the superintendent of each school district subject to this 6000
section either that the district is in compliance with the 6001
requirements of this section for the current school year or that 6002
the district is not in compliance. If the superintendent certifies 6003
that the district is not in compliance, he shall notify the board 6004
of education of the district of the actions necessary to bring the 6005
district into compliance with this section.6006

       In meeting standards established by the state board of 6007
education, school districts, where practicable, shall provide6008
vocationalcareer-technical education programs in high schools. A 6009
minimum enrollment of fifteen hundred pupils in grades nine 6010
through twelve is established as a base for comprehensive 6011
vocationalcareer-technical education course offerings. A school 6012
district may meet this requirement alone, through a cooperative 6013
arrangement pursuant to section 3313.92 of the Revised Code, 6014
through school district consolidation, by membership in a joint 6015
vocational school district, by contract with a school district, by 6016
contract with a school licensed by any state agency established by 6017
the Revised Code which school operates its courses offered for 6018
contracting with public schools under standards as to staffing and 6019
facilities comparable to those prescribed by the state board of 6020
education for public schools provided no instructor in such 6021
courses shall be required to be certificated by the state 6022
department of education, or in a combination of such ways. 6023
Exceptions to the minimum requirement of fifteen hundred pupils 6024
may be made by the state board of education based on sparsity of 6025
population or other factors indicating that comprehensive 6026
educational and vocationalcareer-technical education programs as 6027
required by this section can be provided through an alternate 6028
plan.6029

       (B) Approval of state funds for the construction and 6030
operation of vocational facilities in any city, local, or exempted 6031
village school district shall be contingent upon a comprehensive 6032
vocational program plan approved by the state board of education 6033
no later than July 1, 1970. The state board of education shall not 6034
approve a school district plan unless the plan proposed reasonably 6035
meets the vocational needs of other school districts in the 6036
general area of the school districts in the general area of the 6037
school district submitting the plan. The plan shall be submitted 6038
to the state board of education no later than April 1, 1970. Such 6039
plan shall contain:6040

       (1) The organization for vocational education pursuant to the 6041
requirements of this section;6042

       (2) Vocational programs to be offered in the respective 6043
comprehensive high schools, in specialized schools or skill 6044
centers, and in joint vocational schools;6045

       (3) Remodeled, additional, and new vocational facilities 6046
required at the respective locations.6047

       In approving the organization for vocational education the 6048
state board of education shall provide that no city, local, or 6049
exempted village school district is excluded in the statewide 6050
plan.6051

       (C)(1) The lead district of a career-technical planning 6052
district offering a pre-apprenticeship program may enter into an 6053
agreement with a private entity to provide students with the 6054
opportunity to begin an apprenticeship program prior to graduating 6055
from high school.6056

       (2) Students enrolled in an apprenticeship program pursuant 6057
to a lead district's agreement with a private entity under 6058
division (C)(1) of this section shall be included in the 6059
enrollment of the student's resident district as reported under 6060
section 3317.03 of the Revised Code and, where appropriate, in the 6061
student count reported under section 3317.03 of the Revised Code 6062
for the appropriate career-technical education categories for the 6063
portion of the day they attend the apprenticeship program.6064

       Sec. 3313.91.  Notwithstanding division (D) of section 6065
3311.19 and division (D) of section 3311.52 of the Revised Code, 6066
the provisions of this section and section 3313.911 of the Revised 6067
Code that apply to a city school district do not apply to any 6068
joint vocational or cooperative education school district unless 6069
otherwise specified.6070

       The board of education of any city, local, exempted village, 6071
or joint vocational school district may contract with any public 6072
agency, board, or bureau, or with any private individual or firm 6073
for the purchase of any vocationalcareer-technical education or 6074
vocational rehabilitation service for any resident of the district 6075
under the age of twenty-one years and may pay for such services 6076
with public funds. AnyExcept as provided in division (C) of 6077
section 3313.90 of the Revised Code, any such vocational6078
career-technical education or vocational rehabilitation service 6079
shall meet the same requirements, including those for teachers, 6080
facilities, and equipment, as those required of the public schools 6081
and be approved by the state department of education.6082

        The state board of education may assign city, local, or 6083
exempted village school districts to joint vocational districts 6084
and pursuant to state board rules, shall require such districts to 6085
enter into contractual agreements pursuant to section 3313.90 of 6086
the Revised Code so that special education students as well as 6087
others may receive suitable vocational services. Such rules shall 6088
prescribe a formula under which the district that contracts to 6089
receive the services agrees to pay an annual fee to the district 6090
providing the vocationalcareer-technical education program. The 6091
amount of the fee shall be computed in accordance with a formula 6092
prescribed by state board rule, but the rule shall permit the 6093
superintendent of public instruction to prescribe a lower fee than 6094
the amount required to be paid by the formula in cases where he6095
the superintendent determines either that the approved vocational6096
career-technical course offerings of the district that is to pay 6097
the fee are of sufficient breadth to warrant a lower annual fee, 6098
or that the situation warrants a lower annual fee.6099

       Sec. 3314.08.  (A) As used in this section:6100

       (1)(a) "Category one career-technical education student" 6101
means a student who is receiving the career-technical education 6102
services described in division (A) of section 3317.014 of the 6103
Revised Code.6104

       (b) "Category two career-technical student" means a student 6105
who is receiving the career-technical education services described 6106
in division (B) of section 3317.014 of the Revised Code.6107

       (c) "Category three career-technical student" means a student 6108
who is receiving the career-technical education services described 6109
in division (C) of section 3317.014 of the Revised Code.6110

       (d) "Category four career-technical student" means a student 6111
who is receiving the career-technical education services described 6112
in division (D) of section 3317.014 of the Revised Code.6113

       (e) "Category five career-technical education student" means 6114
a student who is receiving the career-technical education services 6115
described in division (E) of section 3317.014 of the Revised Code.6116

       (2)(a) "Category one limited English proficient student" 6117
means a limited English proficient student described in division 6118
(A) of section 3317.016 of the Revised Code.6119

       (b) "Category two limited English proficient student" means a 6120
limited English proficient student described in division (B) of 6121
section 3317.016 of the Revised Code.6122

       (c) "Category three limited English proficient student" means 6123
a limited English proficient student described in division (C) of 6124
section 3317.016 of the Revised Code.6125

       (3)(a) "Category one special education student" means a 6126
student who is receiving special education services for a 6127
disability specified in division (A) of section 3317.013 of the 6128
Revised Code.6129

       (b) "Category two special education student" means a student 6130
who is receiving special education services for a disability 6131
specified in division (B) of section 3317.013 of the Revised Code.6132

       (c) "Category three special education student" means a 6133
student who is receiving special education services for a 6134
disability specified in division (C) of section 3317.013 of the 6135
Revised Code.6136

       (d) "Category four special education student" means a student 6137
who is receiving special education services for a disability 6138
specified in division (D) of section 3317.013 of the Revised Code.6139

       (e) "Category five special education student" means a student 6140
who is receiving special education services for a disability 6141
specified in division (E) of section 3317.013 of the Revised Code.6142

       (f) "Category six special education student" means a student 6143
who is receiving special education services for a disability 6144
specified in division (F) of section 3317.013 of the Revised Code.6145

       (4) "Formula amount" has the same meaning as in section 6146
3317.02 of the Revised Code.6147

       (5) "IEP" has the same meaning as in section 3323.01 of the 6148
Revised Code.6149

       (6) "Resident district" means the school district in which a 6150
student is entitled to attend school under section 3313.64 or 6151
3313.65 of the Revised Code.6152

       (7) "State education aid" has the same meaning as in section 6153
5751.20 of the Revised Code.6154

       (B) The state board of education shall adopt rules requiring 6155
both of the following:6156

       (1) The board of education of each city, exempted village, 6157
and local school district to annually report the number of 6158
students entitled to attend school in the district who are 6159
enrolled in each grade kindergarten through twelve in a community 6160
school established under this chapter, and for each child, the 6161
community school in which the child is enrolled.6162

       (2) The governing authority of each community school 6163
established under this chapter to annually report all of the 6164
following:6165

       (a) The number of students enrolled in grades one through 6166
twelve and the full-time equivalent number of students enrolled in 6167
kindergarten in the school who are not receiving special education 6168
and related services pursuant to an IEP;6169

       (b) The number of enrolled students in grades one through 6170
twelve and the full-time equivalent number of enrolled students in 6171
kindergarten, who are receiving special education and related 6172
services pursuant to an IEP;6173

       (c) The number of students reported under division (B)(2)(b) 6174
of this section receiving special education and related services 6175
pursuant to an IEP for a disability described in each of divisions 6176
(A) to (F) of section 3317.013 of the Revised Code;6177

       (d) The full-time equivalent number of students reported 6178
under divisions (B)(2)(a) and (b) of this section who are enrolled 6179
in career-technical education programs or classes described in 6180
each of divisions (A) to (E) of section 3317.014 of the Revised 6181
Code that are provided by the community school;6182

       (e) Twenty per cent of theThe number of students reported 6183
under divisions (B)(2)(a) and (b) of this section who are not 6184
reported under division (B)(2)(d) of this section but who are 6185
enrolled in career-technical education programs or classes 6186
described in each of divisions (A) to (E) of section 3317.014 of 6187
the Revised Code at a joint vocational school district or another 6188
district in the career-technical planning district to which the 6189
school is assigned;6190

       (f) The number of students reported under divisions (B)(2)(a) 6191
and (b) of this section who are category one to three limited 6192
English proficient students described in each of divisions (A) to 6193
(C) of section 3317.016 of the Revised Code;6194

       (g) The number of students reported under divisions (B)(2)(a) 6195
and (b) who are economically disadvantaged, as defined by the 6196
department. A student shall not be categorically excluded from the 6197
number reported under division (B)(2)(g) of this section based on 6198
anything other than family income.6199

       (h) For each student, the city, exempted village, or local 6200
school district in which the student is entitled to attend school 6201
under section 3313.64 or 3313.65 of the Revised Code.6202

       A school district board and a community school governing 6203
authority shall include in their respective reports under division 6204
(B) of this section any child admitted in accordance with division 6205
(A)(2) of section 3321.01 of the Revised Code.6206

        A governing authority of a community school shall not include 6207
in its report under division (B)(2) of this section any student 6208
for whom tuition is charged under division (F) of this section.6209

       (C)(1) Except as provided in division (C)(2) of this section, 6210
and subject to divisions (C)(3), (4), (5), (6), and (7) of this 6211
section, on a full-time equivalency basis, for each student 6212
enrolled in a community school established under this chapter, the 6213
department of education annually shall deduct from the state 6214
education aid of a student's resident district and, if necessary, 6215
from the payment made to the district under sections 321.24 and 6216
323.156 of the Revised Code and pay to the community school the 6217
sum of the following:6218

       (a) An opportunity grant in an amount equal to the formula 6219
amount;6220

       (b) The per pupil amount of targeted assistance funds 6221
calculated under division (A) of section 3317.0217 of the Revised 6222
Code for the student's resident district, as determined by the 6223
department, X 0.25;6224

       (c) Additional state aid for special education and related 6225
services provided under Chapter 3323. of the Revised Code as 6226
follows:6227

       (i) If the student is a category one special education 6228
student, the amount specified in division (A) of section 3317.013 6229
of the Revised Code;6230

       (ii) If the student is a category two special education 6231
student, the amount specified in division (B) of section 3317.013 6232
of the Revised Code;6233

       (iii) If the student is a category three special education 6234
student, the amount specified in division (C) of section 3317.013 6235
of the Revised Code;6236

       (iv) If the student is a category four special education 6237
student, the amount specified in division (D) of section 3317.013 6238
of the Revised Code;6239

       (v) If the student is a category five special education 6240
student, the amount specified in division (E) of section 3317.013 6241
of the Revised Code;6242

       (vi) If the student is a category six special education 6243
student, the amount specified in division (F) of section 3317.013 6244
of the Revised Code.6245

       (d) If the student is in kindergarten through third grade, an 6246
additional amount of $211, in fiscal year 2014, and $290, in 6247
fiscal year 2015;6248

       (e) If the student is economically disadvantaged, an 6249
additional amount equal to the following:6250

       ($269, in fiscal year 2014, or $272, in fiscal year 2015) X 6251
(the resident district's economically disadvantaged index)6252

       (f) Limited English proficiency funds as follows:6253

       (i) If the student is a category one limited English 6254
proficient student, the amount specified in division (A) of 6255
section 3317.016 of the Revised Code;6256

       (ii) If the student is a category two limited English 6257
proficient student, the amount specified in division (B) of 6258
section 3317.016 of the Revised Code;6259

       (iii) If the student is a category three limited English 6260
proficient student, the amount specified in division (C) of 6261
section 3317.016 of the Revised Code.6262

       (g) Career-technicalIf the student is reported under 6263
division (B)(2)(d) of this section, career-technical education 6264
funds as follows:6265

       (i) If the student is a category one career-technical 6266
education student, the amount specified in division (A) of section 6267
3317.014 of the Revised Code;6268

       (ii) If the student is a category two career-technical 6269
education student, the amount specified in division (B) of section 6270
3317.014 of the Revised Code;6271

       (iii) If the student is a category three career-technical 6272
education student, the amount specified in division (C) of section 6273
3317.014 of the Revised Code;6274

       (iv) If the student is a category four career-technical 6275
education student, the amount specified in division (D) of section 6276
3317.014 of the Revised Code;6277

       (v) If the student is a category five career-technical 6278
education student, the amount specified in division (E) of section 6279
3317.014 of the Revised Code.6280

       Deduction and payment of funds under division (C)(1)(g) of 6281
this section is subject to approval by the lead district of a 6282
career-technical planning district or the department of education 6283
under section 3317.161 of the Revised Code.6284

       (2) When deducting from the state education aid of a 6285
student's resident district for students enrolled in an internet- 6286
or computer-based community school and making payments to such 6287
school under this section, the department shall make the 6288
deductions and payments described in only divisions (C)(1)(a), 6289
(c), and (g) of this section.6290

       No deductions or payments shall be made for a student 6291
enrolled in such school under division (C)(1)(b), (d), (e), or (f) 6292
of this section.6293

       (3)(a) If a community school's costs for a fiscal year for a 6294
student receiving special education and related services pursuant 6295
to an IEP for a disability described in divisions (B) to (F) of 6296
section 3317.013 of the Revised Code exceed the threshold 6297
catastrophic cost for serving the student as specified in division 6298
(B) of section 3317.0214 of the Revised Code, the school may 6299
submit to the superintendent of public instruction documentation, 6300
as prescribed by the superintendent, of all its costs for that 6301
student. Upon submission of documentation for a student of the 6302
type and in the manner prescribed, the department shall pay to the 6303
community school an amount equal to the school's costs for the 6304
student in excess of the threshold catastrophic costs.6305

       (b) The community school shall report under division 6306
(C)(3)(a) of this section, and the department shall pay for, only 6307
the costs of educational expenses and the related services 6308
provided to the student in accordance with the student's 6309
individualized education program. Any legal fees, court costs, or 6310
other costs associated with any cause of action relating to the 6311
student may not be included in the amount.6312

       (4) In any fiscal year, a community school receiving funds 6313
under division (C)(1)(g) of this section shall spend those funds 6314
only for the purposes that the department designates as approved 6315
for career-technical education expenses. Career-technical 6316
educationaleducation expenses approved by the department shall 6317
include only expenses connected to the delivery of 6318
career-technical programming to career-technical students. The 6319
department shall require the school to report data annually so 6320
that the department may monitor the school's compliance with the 6321
requirements regarding the manner in which funding received under 6322
division (C)(1)(g) of this section may be spent.6323

       (5) All funds received under division (C)(1)(g) of this 6324
section shall be spent in the following manner:6325

       (a) At least seventy-five per cent of the funds shall be 6326
spent on curriculum development, purchase, and implementation; 6327
instructional resources and supplies; industry-based program 6328
certification; student assessment, credentialing, and placement; 6329
curriculum specific equipment purchases and leases; 6330
career-technical student organization fees and expenses; home and 6331
agency linkages; work-based learning experiences; professional 6332
development; and other costs directly associated with 6333
career-technical education programs including development of new 6334
programs.6335

       (b) Not more than twenty-five per cent of the funds shall be 6336
used for personnel expenditures.6337

       (6) A community school shall spend the funds it receives 6338
under division (C)(1)(e) of this section in accordance with 6339
section 3317.25 of the Revised Code. 6340

       (7) If the sum of the payments computed under division6341
divisions (C)(1) and (8)(a) of this section for the students 6342
entitled to attend school in a particular school district under 6343
sections 3313.64 and 3313.65 of the Revised Code exceeds the sum 6344
of that district's state education aid and its payment under 6345
sections 321.24 and 323.156 of the Revised Code, the department 6346
shall calculate and apply a proration factor to the payments to 6347
all community schools under that division for the students 6348
entitled to attend school in that district.6349

       (8)(a) Subject to division (C)(7) of this section, the 6350
department annually shall pay to each community school, including 6351
each internet- or computer-based community school, an amount equal 6352
to the following: 6353

       (The number of students reported by the community school 6354
under division (B)(2)(e) of this section X the formula amount X 6355
.20) 6356

       (b) For each payment made to a community school under 6357
division (C)(8)(a) of this section, the department shall deduct 6358
from the state education aid of each city, local, and exempted 6359
village school district and, if necessary, from the payment made 6360
to the district under sections 321.24 and 323.156 of the Revised 6361
Code an amount equal to the following: 6362

       (The number of the district's students reported by the 6363
community school under division (B)(2)(e) of this section X the 6364
formula amount X .20)6365

       (D) A board of education sponsoring a community school may 6366
utilize local funds to make enhancement grants to the school or 6367
may agree, either as part of the contract or separately, to 6368
provide any specific services to the community school at no cost 6369
to the school.6370

       (E) A community school may not levy taxes or issue bonds 6371
secured by tax revenues.6372

       (F) No community school shall charge tuition for the 6373
enrollment of any student who is a resident of this state. A 6374
community school may charge tuition for the enrollment of any 6375
student who is not a resident of this state.6376

       (G)(1)(a) A community school may borrow money to pay any 6377
necessary and actual expenses of the school in anticipation of the 6378
receipt of any portion of the payments to be received by the 6379
school pursuant to division (C) of this section. The school may 6380
issue notes to evidence such borrowing. The proceeds of the notes 6381
shall be used only for the purposes for which the anticipated 6382
receipts may be lawfully expended by the school.6383

       (b) A school may also borrow money for a term not to exceed 6384
fifteen years for the purpose of acquiring facilities.6385

       (2) Except for any amount guaranteed under section 3318.50 of 6386
the Revised Code, the state is not liable for debt incurred by the 6387
governing authority of a community school.6388

       (H) The department of education shall adjust the amounts 6389
subtracted and paid under division (C) of this section to reflect 6390
any enrollment of students in community schools for less than the 6391
equivalent of a full school year. The state board of education 6392
within ninety days after April 8, 2003, shall adopt in accordance 6393
with Chapter 119. of the Revised Code rules governing the payments 6394
to community schools under this section including initial payments 6395
in a school year and adjustments and reductions made in subsequent 6396
periodic payments to community schools and corresponding 6397
deductions from school district accounts as provided under 6398
division (C) of this section. For purposes of this section:6399

       (1) A student shall be considered enrolled in the community 6400
school for any portion of the school year the student is 6401
participating at a college under Chapter 3365. of the Revised 6402
Code.6403

       (2) A student shall be considered to be enrolled in a 6404
community school for the period of time beginning on the later of 6405
the date on which the school both has received documentation of 6406
the student's enrollment from a parent and the student has 6407
commenced participation in learning opportunities as defined in 6408
the contract with the sponsor, or thirty days prior to the date on 6409
which the student is entered into the education management 6410
information system established under section 3301.0714 of the 6411
Revised Code. For purposes of applying this division and divisions 6412
(H)(3) and (4) of this section to a community school student, 6413
"learning opportunities" shall be defined in the contract, which 6414
shall describe both classroom-based and non-classroom-based 6415
learning opportunities and shall be in compliance with criteria 6416
and documentation requirements for student participation which 6417
shall be established by the department. Any student's instruction 6418
time in non-classroom-based learning opportunities shall be 6419
certified by an employee of the community school. A student's 6420
enrollment shall be considered to cease on the date on which any 6421
of the following occur:6422

        (a) The community school receives documentation from a parent 6423
terminating enrollment of the student.6424

        (b) The community school is provided documentation of a 6425
student's enrollment in another public or private school.6426

        (c) The community school ceases to offer learning 6427
opportunities to the student pursuant to the terms of the contract 6428
with the sponsor or the operation of any provision of this 6429
chapter.6430

       Except as otherwise specified in this paragraph, beginning in 6431
the 2011-2012 school year, any student who completed the prior 6432
school year in an internet- or computer-based community school 6433
shall be considered to be enrolled in the same school in the 6434
subsequent school year until the student's enrollment has ceased 6435
as specified in division (H)(2) of this section. The department 6436
shall continue subtracting and paying amounts for the student 6437
under division (C) of this section without interruption at the 6438
start of the subsequent school year. However, if the student 6439
without a legitimate excuse fails to participate in the first one 6440
hundred five consecutive hours of learning opportunities offered 6441
to the student in that subsequent school year, the student shall 6442
be considered not to have re-enrolled in the school for that 6443
school year and the department shall recalculate the payments to 6444
the school for that school year to account for the fact that the 6445
student is not enrolled.6446

        (3) The department shall determine each community school 6447
student's percentage of full-time equivalency based on the 6448
percentage of learning opportunities offered by the community 6449
school to that student, reported either as number of hours or 6450
number of days, is of the total learning opportunities offered by 6451
the community school to a student who attends for the school's 6452
entire school year. However, no internet- or computer-based 6453
community school shall be credited for any time a student spends 6454
participating in learning opportunities beyond ten hours within 6455
any period of twenty-four consecutive hours. Whether it reports 6456
hours or days of learning opportunities, each community school 6457
shall offer not less than nine hundred twenty hours of learning 6458
opportunities during the school year.6459

       (4) With respect to the calculation of full-time equivalency 6460
under division (H)(3) of this section, the department shall waive 6461
the number of hours or days of learning opportunities not offered 6462
to a student because the community school was closed during the 6463
school year due to disease epidemic, hazardous weather conditions, 6464
law enforcement emergencies, inoperability of school buses or 6465
other equipment necessary to the school's operation, damage to a 6466
school building, or other temporary circumstances due to utility 6467
failure rendering the school building unfit for school use, so 6468
long as the school was actually open for instruction with students 6469
in attendance during that school year for not less than the 6470
minimum number of hours required by this chapter. The department 6471
shall treat the school as if it were open for instruction with 6472
students in attendance during the hours or days waived under this 6473
division.6474

       (I) The department of education shall reduce the amounts paid 6475
under this section to reflect payments made to colleges under 6476
division (B) of section 3365.07 of the Revised Code or through 6477
alternative funding agreements entered into under rules adopted 6478
under section 3365.12 of the Revised Code.6479

       (J)(1) No student shall be considered enrolled in any 6480
internet- or computer-based community school or, if applicable to 6481
the student, in any community school that is required to provide 6482
the student with a computer pursuant to division (C) of section 6483
3314.22 of the Revised Code, unless both of the following 6484
conditions are satisfied:6485

       (a) The student possesses or has been provided with all 6486
required hardware and software materials and all such materials 6487
are operational so that the student is capable of fully 6488
participating in the learning opportunities specified in the 6489
contract between the school and the school's sponsor as required 6490
by division (A)(23) of section 3314.03 of the Revised Code;6491

       (b) The school is in compliance with division (A) of section 6492
3314.22 of the Revised Code, relative to such student.6493

       (2) In accordance with policies adopted jointly by the 6494
superintendent of public instruction and the auditor of state, the 6495
department shall reduce the amounts otherwise payable under 6496
division (C) of this section to any community school that includes 6497
in its program the provision of computer hardware and software 6498
materials to any student, if such hardware and software materials 6499
have not been delivered, installed, and activated for each such 6500
student in a timely manner or other educational materials or 6501
services have not been provided according to the contract between 6502
the individual community school and its sponsor.6503

       The superintendent of public instruction and the auditor of 6504
state shall jointly establish a method for auditing any community 6505
school to which this division pertains to ensure compliance with 6506
this section.6507

       The superintendent, auditor of state, and the governor shall 6508
jointly make recommendations to the general assembly for 6509
legislative changes that may be required to assure fiscal and 6510
academic accountability for such schools.6511

       (K)(1) If the department determines that a review of a 6512
community school's enrollment is necessary, such review shall be 6513
completed and written notice of the findings shall be provided to 6514
the governing authority of the community school and its sponsor 6515
within ninety days of the end of the community school's fiscal 6516
year, unless extended for a period not to exceed thirty additional 6517
days for one of the following reasons:6518

        (a) The department and the community school mutually agree to 6519
the extension.6520

        (b) Delays in data submission caused by either a community 6521
school or its sponsor.6522

       (2) If the review results in a finding that additional 6523
funding is owed to the school, such payment shall be made within 6524
thirty days of the written notice. If the review results in a 6525
finding that the community school owes moneys to the state, the 6526
following procedure shall apply:6527

       (a) Within ten business days of the receipt of the notice of 6528
findings, the community school may appeal the department's 6529
determination to the state board of education or its designee.6530

        (b) The board or its designee shall conduct an informal 6531
hearing on the matter within thirty days of receipt of such an 6532
appeal and shall issue a decision within fifteen days of the 6533
conclusion of the hearing.6534

        (c) If the board has enlisted a designee to conduct the 6535
hearing, the designee shall certify its decision to the board. The 6536
board may accept the decision of the designee or may reject the 6537
decision of the designee and issue its own decision on the matter.6538

        (d) Any decision made by the board under this division is 6539
final.6540

        (3) If it is decided that the community school owes moneys to 6541
the state, the department shall deduct such amount from the 6542
school's future payments in accordance with guidelines issued by 6543
the superintendent of public instruction.6544

       (L) The department shall not subtract from a school 6545
district's state aid account and shall not pay to a community 6546
school under division (C) of this section any amount for any of 6547
the following:6548

        (1) Any student who has graduated from the twelfth grade of a 6549
public or nonpublic high school;6550

        (2) Any student who is not a resident of the state;6551

        (3) Any student who was enrolled in the community school 6552
during the previous school year when assessments were administered 6553
under section 3301.0711 of the Revised Code but did not take one 6554
or more of the assessments required by that section and was not 6555
excused pursuant to division (C)(1) or (3) of that section, unless 6556
the superintendent of public instruction grants the student a 6557
waiver from the requirement to take the assessment and a parent is 6558
not paying tuition for the student pursuant to section 3314.26 of 6559
the Revised Code. The superintendent may grant a waiver only for 6560
good cause in accordance with rules adopted by the state board of 6561
education.6562

       (4) Any student who has attained the age of twenty-two years, 6563
except for veterans of the armed services whose attendance was 6564
interrupted before completing the recognized twelve-year course of 6565
the public schools by reason of induction or enlistment in the 6566
armed forces and who apply for enrollment in a community school 6567
not later than four years after termination of war or their 6568
honorable discharge. If, however, any such veteran elects to 6569
enroll in special courses organized for veterans for whom tuition 6570
is paid under federal law, or otherwise, the department shall not 6571
subtract from a school district's state aid account and shall not 6572
pay to a community school under division (C) of this section any 6573
amount for that veteran.6574

       Sec. 3317.02.  As used in this chapter:6575

       (A)(1) "Category one career-technical education ADM" means 6576
the enrollment of students during the school year on a full-time 6577
equivalency basis in career-technical education programs described 6578
in division (A) of section 3317.014 of the Revised Code and 6579
certified under division (B)(11) or (D)(2)(h) of section 3317.03 6580
of the Revised Code.6581

       (2) "Category two career-technical education ADM" means the 6582
enrollment of students during the school year on a full-time 6583
equivalency basis in career-technical education programs described 6584
in division (B) of section 3317.014 of the Revised Code and 6585
certified under division (B)(12) or (D)(2)(i) of section 3317.03 6586
of the Revised Code.6587

       (3) "Category three career-technical education ADM" means the 6588
enrollment of students during the school year on a full-time 6589
equivalency basis in career-technical education programs described 6590
in division (C) of section 3317.014 of the Revised Code and 6591
certified under division (B)(13) or (D)(2)(j) of section 3317.03 6592
of the Revised Code.6593

       (4) "Category four career-technical education ADM" means the 6594
enrollment of students during the school year on a full-time 6595
equivalency basis in career-technical education programs described 6596
in division (D) of section 3317.014 of the Revised Code and 6597
certified under division (B)(14) or (D)(2)(k) of section 3317.03 6598
of the Revised Code.6599

       (5) "Category five career-technical education ADM" means the 6600
enrollment of students during the school year on a full-time 6601
equivalency basis in career-technical education programs described 6602
in division (E) of section 3317.014 of the Revised Code and 6603
certified under division (B)(15) or (D)(2)(l) of section 3317.03 6604
of the Revised Code.6605

       (B)(1) "Category one limited English proficient ADM" means 6606
the full-time equivalent number of limited English proficient 6607
students described in division (A) of section 3317.016 of the 6608
Revised Code and certified under division (B)(16) or (D)(2)(m) of 6609
section 3317.03 of the Revised Code.6610

       (2) "Category two limited English proficient ADM" means the 6611
full-time equivalent number of limited English proficient students 6612
described in division (B) of section 3317.016 of the Revised Code 6613
and certified under division (B)(17) or (D)(2)(n) of section 6614
3317.03 of the Revised Code.6615

       (3) "Category three limited English proficient ADM" means the 6616
full-time equivalent number of limited English proficient students 6617
described in division (C) of section 3317.016 of the Revised Code 6618
and certified under division (B)(18) or (D)(2)(o) of section 6619
3317.03 of the Revised Code.6620

       (C)(1) "Category one special education ADM" means the 6621
full-time equivalent number of children with disabilities 6622
receiving special education services for the disability specified 6623
in division (A) of section 3317.013 of the Revised Code and 6624
certified under division (B)(5) or (D)(2)(b) of section 3317.03 of 6625
the Revised Code.6626

       (2) "Category two special education ADM" means the full-time 6627
equivalent number of children with disabilities receiving special 6628
education services for those disabilities specified in division 6629
(B) of section 3317.013 of the Revised Code and certified under 6630
division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised 6631
Code.6632

       (3) "Category three special education ADM" means the 6633
full-time equivalent number of students receiving special 6634
education services for those disabilities specified in division 6635
(C) of section 3317.013 of the Revised Code, and certified under 6636
division (B)(7) or (D)(2)(d) of section 3317.03 of the Revised 6637
Code.6638

       (4) "Category four special education ADM" means the full-time 6639
equivalent number of students receiving special education services 6640
for those disabilities specified in division (D) of section 6641
3317.013 of the Revised Code and certified under division (B)(8) 6642
or (D)(2)(e) of section 3317.03 of the Revised Code.6643

       (5) "Category five special education ADM" means the full-time 6644
equivalent number of students receiving special education services 6645
for the disabilities specified in division (E) of section 3317.013 6646
of the Revised Code and certified under division (B)(9) or 6647
(D)(2)(f) of section 3317.03 of the Revised Code.6648

       (6) "Category six special education ADM" means the full-time 6649
equivalent number of students receiving special education services 6650
for the disabilities specified in division (F) of section 3317.013 6651
of the Revised Code and certified under division (B)(10) or 6652
(D)(2)(g) of section 3317.03 of the Revised Code.6653

       (D) "County DD board" means a county board of developmental 6654
disabilities.6655

       (E) "Economically disadvantaged index for a school district" 6656
means the square of the quotient of that district's percentage of 6657
students in its total ADM who are identified as economically 6658
disadvantaged as defined by the department of education, divided 6659
by the statewide percentage of students identified as economically 6660
disadvantaged.6661

       (F)(1) "Formula ADM" means, for a city, local, or exempted 6662
village school district, the enrollment reported under division 6663
(A) of section 3317.03 of the Revised Code, as verified by the 6664
superintendent of public instruction and adjusted if so ordered 6665
under division (K) of that section, and as further adjusted by 6666
countingthe department of education, as follows: 6667

       (a) Count only twenty per cent of the number of joint 6668
vocational school district students counted under division (A)(3) 6669
of section 3317.03 of the Revised Code;6670

       (b) Add twenty per cent of the number of students who are 6671
entitled to attend school in the district under section 3313.64 or 6672
3313.65 of the Revised Code and are enrolled in another school 6673
district under a career-technical education compact.6674

       (2) "Formula ADM" means, for a joint vocational school 6675
district, the final number verified by the superintendent of 6676
public instruction, based on the enrollment reported and certified 6677
under division (D) of section 3317.03 of the Revised Code, as 6678
adjusted, if so ordered, under division (K) of that section. 6679

       (G) "Formula amount" means $5,745, for fiscal year 2014, and 6680
$5,800, for fiscal year 2015.6681

       (H) "FTE basis" means a count of students based on full-time 6682
equivalency, in accordance with rules adopted by the department of 6683
education pursuant to section 3317.03 of the Revised Code. In 6684
adopting its rules under this division, the department shall 6685
provide for counting any student in category one, two, three, 6686
four, five, or six special education ADM or in category one, two, 6687
three, four, or five career technical education ADM in the same 6688
proportion the student is counted in formula ADM.6689

       (I) "Internet- or computer-based community school" has the 6690
same meaning as in section 3314.02 of the Revised Code.6691

       (J) "Medically fragile child" means a child to whom all of 6692
the following apply:6693

       (1) The child requires the services of a doctor of medicine 6694
or osteopathic medicine at least once a week due to the 6695
instability of the child's medical condition.6696

       (2) The child requires the services of a registered nurse on 6697
a daily basis.6698

       (3) The child is at risk of institutionalization in a 6699
hospital, skilled nursing facility, or intermediate care facility 6700
for individuals with intellectual disabilities.6701

       (K)(1) A child may be identified as having an "other health 6702
impairment-major" if the child's condition meets the definition of 6703
"other health impaired" established in rules previously adopted by 6704
the state board of education and if either of the following apply:6705

       (a) The child is identified as having a medical condition 6706
that is among those listed by the superintendent of public 6707
instruction as conditions where a substantial majority of cases 6708
fall within the definition of "medically fragile child."6709

       (b) The child is determined by the superintendent of public 6710
instruction to be a medically fragile child. A school district 6711
superintendent may petition the superintendent of public 6712
instruction for a determination that a child is a medically 6713
fragile child.6714

       (2) A child may be identified as having an "other health 6715
impairment-minor" if the child's condition meets the definition of 6716
"other health impaired" established in rules previously adopted by 6717
the state board of education but the child's condition does not 6718
meet either of the conditions specified in division (K)(1)(a) or 6719
(b) of this section.6720

       (L) "Preschool child with a disability" means a child with a 6721
disability, as defined in section 3323.01 of the Revised Code, who 6722
is at least age three but is not of compulsory school age, as 6723
defined in section 3321.01 of the Revised Code, and who is not 6724
currently enrolled in kindergarten.6725

       (M) "Preschool scholarship ADM" means the number of preschool 6726
children with disabilities certified under division (B)(3)(h) of 6727
section 3317.03 of the Revised Code.6728

       (N) "Related services" includes:6729

       (1) Child study, special education supervisors and 6730
coordinators, speech and hearing services, adaptive physical 6731
development services, occupational or physical therapy, teacher 6732
assistants for children with disabilities whose disabilities are 6733
described in division (B) of section 3317.013 or division (B)(3) 6734
of this section, behavioral intervention, interpreter services, 6735
work study, nursing services, and specialized integrative services 6736
as those terms are defined by the department;6737

       (2) Speech and language services provided to any student with 6738
a disability, including any student whose primary or only 6739
disability is a speech and language disability;6740

       (3) Any related service not specifically covered by other 6741
state funds but specified in federal law, including but not 6742
limited to, audiology and school psychological services;6743

       (4) Any service included in units funded under former 6744
division (O)(1) of section 3317.024 of the Revised Code;6745

       (5) Any other related service needed by children with 6746
disabilities in accordance with their individualized education 6747
programs.6748

       (O) "School district," unless otherwise specified, means 6749
city, local, and exempted village school districts.6750

       (P) "State education aid" has the same meaning as in section 6751
5751.20 of the Revised Code.6752

       (Q) "State share index" means the state share index 6753
calculated for a district under section 3317.017 of the Revised 6754
Code.6755

       (R) "Taxes charged and payable" means the taxes charged and 6756
payable against real and public utility property after making the 6757
reduction required by section 319.301 of the Revised Code, plus 6758
the taxes levied against tangible personal property.6759

       (S) "Total ADM" means, for a city, local, or exempted village 6760
school district, the enrollment reported under division (A) of 6761
section 3317.03 of the Revised Code, as verified by the 6762
superintendent of public instruction and adjusted if so ordered 6763
under division (K) of that section.6764

       (T) "Total special education ADM" means the sum of categories 6765
one through six special education ADM.6766

       (U) "Total taxable value" means the sum of the amounts 6767
certified for a city, local, exempted village, or joint vocational 6768
school district under divisions (A)(1) and (2) of section 3317.021 6769
of the Revised Code.6770

       Sec. 3317.0217. Payment of the amount calculated for a school 6771
district under this section shall be made under division (A) of 6772
section 3317.022 of the Revised Code.6773

       (A) The department of education shall annually compute 6774
targeted assistance funds to school districts, as follows:6775

        (1) Calculate the local wealth per pupil of each school 6776
district, which equals the following sum:6777

        (a) One-half times the quotient of (i) the district's 6778
three-year average valuation divided by (ii) its formula ADM; plus6779

        (b) One-half times the quotient of (i) the average of the 6780
total federal adjusted gross income of the school district's 6781
residents for the three years most recently reported under section 6782
3317.021 of the Revised Code divided by (ii) its formula ADM.6783

        (2) Rank all school districts in order of local wealth per 6784
pupil, from the district with the lowest local wealth per pupil to 6785
the district with the highest local wealth per pupil.6786

       (3) Compute the statewide wealth per pupil, which equals the 6787
following sum:6788

        (a) One-half times the quotient of (i) the sum of the 6789
three-year average valuations for all school districts divided by 6790
(ii) the sum of formula ADM counts for all schoolsschool6791
districts; plus6792

        (b) One-half times the quotient of (i) the sum of the 6793
three-year average total federal adjusted gross incomes for all 6794
school districts divided by (ii) the sum of formula ADM counts for 6795
all school districts.6796

        (4) Compute each district's wealth index by dividing the 6797
statewide wealth per pupil by the district's local wealth per 6798
pupil.6799

       (5) Compute the per pupil targeted assistance for each 6800
eligible school district in accordance with the following formula:6801

(Threshold local wealth per pupil - the district's local wealth
6802
per pupil)
6803

X target millage X the district's wealth index
6804

       Where:6805

       (a) An "eligible school district" means a school district 6806
with a local wealth per pupil less than that of the school 6807
district with the 490th lowest local wealth per pupil.6808

       (b) "Threshold local wealth per pupil" means the local wealth 6809
per pupil of the school district with the 490th lowest local 6810
wealth per pupil.6811

       (c) "Target millage" means 0.006.6812

        If the result of the calculation for a school district under 6813
division (A)(5) of this section is less than zero, the district's 6814
targeted assistance shall be zero.6815

       (6) Calculate the aggregate amount to be paid as targeted 6816
assistance funds to each school district under division (A) of 6817
section 3317.022 of the Revised Code by multiplying the per pupil 6818
targeted assistance computed under division (A)(5) of this section 6819
by the district's net formula ADM.6820

       As used in this division, a district's "net formula ADM" 6821
means its formula ADM minus the number of community school 6822
students certified under division (B)(3)(d) of section 3317.03 of 6823
the Revised Code X 0.75, the number of internet- and 6824
computer-based community school students certified under division 6825
(B)(3)(e) of that section, the number of science, technology, 6826
engineering, and mathematics school students certified under 6827
division (B)(3)(j) of that section X 0.75, and the number of 6828
scholarship students certified under divisions (B)(3)(f), (g), and 6829
(l) of that section.6830

       (B) The department shall annually compute supplemental 6831
targeted assistance funds to school districts, as follows:6832

       (1) Compute each district's agricultural percentage as the 6833
quotient of (a) the three-year average tax valuation of real 6834
property in the district that is classified as agricultural 6835
property divided by (b) the three-year average tax valuation of 6836
all of the real property in the district. For purposes of this 6837
computation, a district's "three-year average tax valuation" means 6838
the average of a district's tax valuation for fiscal years 2012, 6839
2013, and 2014.6840

       (2) Determine each district's agricultural targeted 6841
percentage as follows:6842

       (a) If a district's agricultural percentage is greater than 6843
or equal to 0.10, then the district's agricultural targeted 6844
percentage shall be equal to 0.40.6845

       (b) If a district's agricultural percentage is less than 6846
0.10, then the district's agricultural targeted percentage shall 6847
be equal to 4 X the district's agricultural percentage.6848

       (3) Calculate the aggregate amount to be paid as supplemental 6849
targeted assistance funds to each school district under division 6850
(A) of section 3317.022 of the Revised Code by multiplying the 6851
district's agricultural targeted percentage by the amount 6852
calculated for the district under division (A)(6) of this section.6853

       Sec. 3317.162.  (A)(1) If the lead district of a 6854
career-technical planning district enters into an agreement with a 6855
private entity under division (C) of section 3313.90 of the 6856
Revised Code, the lead district may apply to the department of 6857
education for additional funds to assist with paying for the cost 6858
of the apprenticeship program provided by the private entity. 6859

       (2) A lead district shall be eligible to apply for these 6860
additional funds if its agreement with the private entity 6861
specifies both of the following:6862

       (a) A process for students to receive at least one year of 6863
credit toward completion of the private entity's apprenticeship 6864
program;6865

       (b) The amount that the district will pay the private entity 6866
for each student that participates in the private entity's 6867
apprenticeship program.6868

       (B) Upon submission of an application for the funds and a 6869
copy of the contract with the provisions specified in division 6870
(A)(2) of this section, the lead district shall be eligible to 6871
receive, and the department shall pay to the lead district, an 6872
additional payment for each full-time equivalent student 6873
participating in the private entity's program. The payment shall 6874
be equal to the lesser of the following:6875

       (1) The amount specified in the contract;6876

       (2) The appropriate career-technical education amount 6877
specified in section 3317.014 of the Revised Code.6878

       Sec. 3701.132. The department of health is hereby designated 6879
as the state agency to administerAs used in this section, "WIC 6880
program" means the "special supplemental nutrition program for 6881
women, infants, and children" established under the "Child 6882
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1786, as amended. 6883
The6884

       The department of health is hereby designated as the state 6885
agency to administer the WIC program. The director of health may 6886
adopt rules pursuant to Chapter 119. of the Revised Code as 6887
necessary for administering the WIC program. The rules may include 6888
civil money penalties for violations of the rules.6889

       In determining eligibility for services provided under the 6890
WIC program, the department may use the application form 6891
established under section 5111.0135163.40 of the Revised Code for 6892
the healthy start program. The department may require applicants 6893
to furnish their social security numbers.6894

       If the department determines that a vendor has committed an 6895
act with respect to the WIC program that federal statutes or 6896
regulations or state statutes or rules prohibit, the department 6897
shall take action against the vendor in the manner required by 7 6898
C.F.R. part 246, including imposition of a civil money penalty in 6899
accordance with 7 C.F.R. 246.12, or rules adopted under this 6900
section.6901

       Sec. 3701.34. (A) The Ohio public health advisory board shall 6902
review and make recommendations to the director of health on all 6903
of the following:6904

       (1) Developing and adopting proposed rules under Chapters 6905
3701 and 3717 of the Administrative Code;6906

       (2) Prescribing proposed fees for services provided by the 6907
office of vital statistics and the bureau of environmental health;6908

       (3) Any proposed policy changes that pertain to entities 6909
serving or seeking to serve as vendors under the WIC program, as 6910
defined in section 3701.132 of the Revised Code, that are not 6911
addressed pursuant to division (A)(1) of this section.6912

       (4) Issues to improve public health and increase awareness of 6913
public health issues at the state level, local level, or both;6914

       (4)(5) Any other public health issues that the director 6915
requests the board to consider.6916

       (B) In making recommendations to the director underFor 6917
purposes of division (A)(1) of this section, all of the following 6918
apply: 6919

       (1) Prior to filing a proposed rule with the joint committee 6920
on agency rule review, the department of health shall provide each 6921
board member with a copy of the proposed rule, copies of public 6922
comments received by the department during the public comment 6923
period, and written evidence of stakeholder involvement. 6924

       (2) Prior to board meetings, copies of proposed rules shall 6925
be provided to members. On request of a member, the department 6926
shall ensure that appropriate department employees attend board 6927
meetings to answer questions concerning proposed rules. 6928

       (3)(a) Not later than sixty days after receiving a copy of a 6929
proposed rule, the board shall recommend approval or disapproval 6930
of the rule and submit its recommendation by board action to the 6931
director. In making its recommendation, the board may consider 6932
public comments provided to the department or the board. 6933

       (b) If the board fails to make a recommendation within sixty 6934
days of receiving a copy of the proposed rule, the director may 6935
file the proposed rule.6936

       (4) Except as provided in division (B)(3)(b) of this section, 6937
the director shall consider the board's recommendation before 6938
filing a proposed rule. On request of the board, the director 6939
shall meet with the board to discuss the board's recommendation. 6940

       (5) If the director disagrees with the board's 6941
recommendation, the director shall inform the board in writing of 6942
the director's decision and the reason for the decision prior to 6943
the next quarterly meeting. The director or the director's 6944
designee may meet with the board at the next quarterly meeting to 6945
answer questions regarding why the director disagreed with the 6946
board's recommendation.6947

       (C)(6) To the extent the board believes that a proposed rule 6948
does not comply with requirements established by the joint 6949
committee on agency rule review or the common sense initiative 6950
office, nothing in this section prohibits the board, in carrying 6951
out its duties under division (A)(1) of this section, from 6952
contacting the joint committee on agency rule review or the common 6953
sense initiative office.6954

       (D) In making recommendations under(C) For purposes of6955
division (A)(2) of this section for prescribing proposed fees for 6956
services provided by the bureau of environmental health, the board 6957
and the department shall develop a cost methodology, subject to 6958
approval by the director, regarding proposed fees for services 6959
provided by the department's bureau of environmental health.6960

       (D) For purposes of division (A)(3) of this section, a 6961
proposed WIC program policy change shall be treated as if it were 6962
a proposed rule subject to division (A)(1) of this section and the 6963
board and other entities involved in reviewing and making 6964
recommendations regarding the change may follow all or part of the 6965
procedures described in division (B) of this section.6966

       (E) This section does not apply to the following:6967

       (1) A proposed rule that is to be refiled with the joint 6968
committee on agency rule review solely because of technical or 6969
other nonsubstantive revisions;6970

       (2) The emergency adoption, amendment, or rescission of a 6971
rule under division (F) of section 119.03 of the Revised Code.6972

       Sec. 3701.74.  (A) As used in this section and section 6973
3701.741 of the Revised Code:6974

       (1) "Ambulatory care facility" means a facility that provides 6975
medical, diagnostic, or surgical treatment to patients who do not 6976
require hospitalization, including a dialysis center, ambulatory 6977
surgical facility, cardiac catheterization facility, diagnostic 6978
imaging center, extracorporeal shock wave lithotripsy center, home 6979
health agency, inpatient hospice, birthing center, radiation 6980
therapy center, emergency facility, and an urgent care center. 6981
"Ambulatory care facility" does not include the private office of 6982
a physician or dentist, whether the office is for an individual or 6983
group practice.6984

       (2) "Chiropractor" means an individual licensed under Chapter 6985
4734. of the Revised Code to practice chiropractic.6986

       (3) "Emergency facility" means a hospital emergency 6987
department or any other facility that provides emergency medical 6988
services.6989

       (4) "Health care practitioner" means all of the following:6990

       (a) A dentist or dental hygienist licensed under Chapter 6991
4715. of the Revised Code;6992

       (b) A registered or licensed practical nurse licensed under 6993
Chapter 4723. of the Revised Code;6994

       (c) An optometrist licensed under Chapter 4725. of the 6995
Revised Code;6996

       (d) A dispensing optician, spectacle dispensing optician, 6997
contact lens dispensing optician, or spectacle-contact lens 6998
dispensing optician licensed under Chapter 4725. of the Revised 6999
Code;7000

       (e) A pharmacist licensed under Chapter 4729. of the Revised 7001
Code;7002

       (f) A physician;7003

       (g) A physician assistant authorized under Chapter 4730. of 7004
the Revised Code to practice as a physician assistant;7005

       (h) A practitioner of a limited branch of medicine issued a 7006
certificate under Chapter 4731. of the Revised Code;7007

       (i) A psychologist licensed under Chapter 4732. of the 7008
Revised Code;7009

       (j) A chiropractor;7010

       (k) A hearing aid dealer or fitter licensed under Chapter 7011
4747. of the Revised Code;7012

       (l) A speech-language pathologist or audiologist licensed 7013
under Chapter 4753. of the Revised Code;7014

       (m) An occupational therapist or occupational therapy 7015
assistant licensed under Chapter 4755. of the Revised Code;7016

       (n) A physical therapist or physical therapy assistant 7017
licensed under Chapter 4755. of the Revised Code;7018

       (o) A professional clinical counselor, professional 7019
counselor, social worker, or independent social worker licensed, 7020
or a social work assistant registered, under Chapter 4757. of the 7021
Revised Code;7022

       (p) A dietitian licensed under Chapter 4759. of the Revised 7023
Code;7024

       (q) A respiratory care professional licensed under Chapter 7025
4761. of the Revised Code;7026

       (r) An emergency medical technician-basic, emergency medical 7027
technician-intermediate, or emergency medical technician-paramedic 7028
certified under Chapter 4765. of the Revised Code.7029

       (5) "Health care provider" means a hospital, ambulatory care 7030
facility, long-term care facility, pharmacy, emergency facility, 7031
or health care practitioner.7032

       (6) "Hospital" has the same meaning as in section 3727.01 of 7033
the Revised Code.7034

       (7) "Long-term care facility" means a nursing home, 7035
residential care facility, or home for the aging, as those terms 7036
are defined in section 3721.01 of the Revised Code; a residential 7037
facility licensed under section 5119.34 of the Revised Code that 7038
provides accommodations, supervision, and personal care services 7039
for three to sixteen unrelated adults; a nursing facility, as 7040
defined in section 5165.01 of the Revised Code; a skilled nursing 7041
facility, as defined in section 5165.01 of the Revised Code; and 7042
an intermediate care facility for individuals with intellectual 7043
disabilities, as defined in section 5124.01 of the Revised Code.7044

       (8) "Medical record" means data in any form that pertains to 7045
a patient's medical history, diagnosis, prognosis, or medical 7046
condition and that is generated and maintained by a health care 7047
provider in the process of the patient's health care treatment.7048

       (9) "Medical records company" means a person who stores, 7049
locates, or copies medical records for a health care provider, or 7050
is compensated for doing so by a health care provider, and charges 7051
a fee for providing medical records to a patient or patient's 7052
representative.7053

       (10) "Patient" means either of the following:7054

       (a) An individual who received health care treatment from a 7055
health care provider;7056

       (b) A guardian, as defined in section 1337.11 of the Revised 7057
Code, of an individual described in division (A)(10)(a) of this 7058
section.7059

       (11) "Patient's personal representative" means a minor 7060
patient's parent or other person acting in loco parentis, a 7061
court-appointed guardian, or a person with durable power of 7062
attorney for health care for a patient, the executor or 7063
administrator of the patient's estate, or the person responsible 7064
for the patient's estate if it is not to be probated. "Patient's 7065
personal representative" does not include an insurer authorized 7066
under Title XXXIX of the Revised Code to do the business of 7067
sickness and accident insurance in this state, a health insuring 7068
corporation holding a certificate of authority under Chapter 1751. 7069
of the Revised Code, or any other person not named in this 7070
division.7071

       (12) "Pharmacy" has the same meaning as in section 4729.01 of 7072
the Revised Code.7073

       (13) "Physician" means a person authorized under Chapter 7074
4731. of the Revised Code to practice medicine and surgery, 7075
osteopathic medicine and surgery, or podiatric medicine and 7076
surgery.7077

       (14) "Authorized person" means a person to whom a patient has 7078
given written authorization to act on the patient's behalf 7079
regarding the patient's medical record.7080

       (B) A patient, a patient's personal representative, or an 7081
authorized person who wishes to examine or obtain a copy of part 7082
or all of a medical record shall submit to the health care 7083
provider a written request signed by the patient, personal 7084
representative, or authorized person dated not more than one year 7085
before the date on which it is submitted. The request shall 7086
indicate whether the copy is to be sent to the requestor, 7087
physician or chiropractor, or held for the requestor at the office 7088
of the health care provider. Within a reasonable time after 7089
receiving a request that meets the requirements of this division 7090
and includes sufficient information to identify the record 7091
requested, a health care provider that has the patient's medical 7092
records shall permit the patient to examine the record during 7093
regular business hours without charge or, on request, shall 7094
provide a copy of the record in accordance with section 3701.741 7095
of the Revised Code, except that if a physician or chiropractor 7096
who has treated the patient determines for clearly stated 7097
treatment reasons that disclosure of the requested record is 7098
likely to have an adverse effect on the patient, the health care 7099
provider shall provide the record to a physician or chiropractor 7100
designated by the patient. The health care provider shall take 7101
reasonable steps to establish the identity of the person making 7102
the request to examine or obtain a copy of the patient's record.7103

       (C) If a health care provider fails to furnish a medical 7104
record as required by division (B) of this section, the patient, 7105
personal representative, or authorized person who requested the 7106
record may bring a civil action to enforce the patient's right of 7107
access to the record.7108

       (D)(1) This section does not apply to medical records whose 7109
release is covered by section 173.20 or 3721.13 of the Revised 7110
Code, by Chapter 1347., 5119., or 5122. of the Revised Code, by 42 7111
C.F.R. part 2, "Confidentiality of Alcohol and Drug Abuse Patient 7112
Records," or by 42 C.F.R. 483.10.7113

       (2) Nothing in this section is intended to supersede the 7114
confidentiality provisions of sections 2305.24, 2305.25, 2305.251, 7115
and 2305.252 of the Revised Code.7116

       Sec. 3701.83. (A) There is hereby created in the state 7117
treasury the general operations fund. Moneys in the fund shall be 7118
used for the purposes specified in sections 3701.04, 3701.344, 7119
3702.20, 3710.15, 3711.16, 3717.45, 3718.06, 3721.02, 3721.022, 7120
3729.07, 3733.43, 3748.04, 3748.05, 3748.07, 3748.12, 3748.13, 7121
3749.04, 3749.07, 4747.04, and 4769.09 of the Revised Code.7122

       (B) The alcohol testing program fund is hereby created in the 7123
state treasury. The director of health shall use the fund to 7124
administer and enforce the alcohol testing and permit program 7125
authorized by section 3701.143 of the Revised Code.7126

       The fund shall receive transfers from the liquor control fund 7127
created under section 4301.12 of the Revised Code. All investment 7128
earnings of the alcohol testing program fund shall be credited to 7129
the fund.7130

       Sec. 3701.881.  (A) As used in this section:7131

       (1) "Applicant" means a person who is under final 7132
consideration for employment withhiring by a home health agency 7133
in a full-time, part-time, or temporary position that involves 7134
providing direct care to an individual or is referred to a home 7135
health agency by an employment service for such a position. 7136

       (2) "Community-based long-term care provider" means a 7137
provider as defined in section 173.39 of the Revised Code.7138

       (3) "Community-based long-term care subcontractor" means a 7139
subcontractor as defined in section 173.38 of the Revised Code.7140

       (4) "Criminal records check" has the same meaning as in 7141
section 109.572 of the Revised Code.7142

       (5) "Direct care" means any of the following:7143

       (a) Any service identified in divisions (A)(8)(a) to (f) of 7144
this section that is provided in a patient's place of residence 7145
used as the patient's home;7146

       (b) Any activity that requires the person performing the 7147
activity to be routinely alone with a patient or to routinely have 7148
access to a patient's personal property or financial documents 7149
regarding a patient;7150

       (c) For each home health agency individually, any other 7151
routine service or activity that the chief administrator of the 7152
home health agency designates as direct care.7153

       (6) "Disqualifying offense" means any of the offenses listed 7154
or described in divisions (A)(3)(a) to (e) of section 109.572 of 7155
the Revised Code.7156

       (7) "Employee" means a person employed by a home health 7157
agency in a full-time, part-time, or temporary position that 7158
involves providing direct care to an individual and a person who 7159
works in such a position due to being referred to a home health 7160
agency by an employment service.7161

       (8) "Home health agency" means a person or government entity, 7162
other than a nursing home, residential care facility, hospice care 7163
program, or pediatric respite care program, that has the primary 7164
function of providing any of the following services to a patient 7165
at a place of residence used as the patient's home:7166

       (a) Skilled nursing care;7167

       (b) Physical therapy;7168

       (c) Speech-language pathology;7169

       (d) Occupational therapy;7170

       (e) Medical social services;7171

       (f) Home health aide services.7172

       (9) "Home health aide services" means any of the following 7173
services provided by an employee of a home health agency:7174

       (a) Hands-on bathing or assistance with a tub bath or shower;7175

       (b) Assistance with dressing, ambulation, and toileting;7176

       (c) Catheter care but not insertion;7177

       (d) Meal preparation and feeding.7178

       (10) "Hospice care program" and "pediatric respite care 7179
program" have the same meanings as in section 3712.01 of the 7180
Revised Code.7181

       (11) "Medical social services" means services provided by a 7182
social worker under the direction of a patient's attending 7183
physician.7184

       (12) "Minor drug possession offense" has the same meaning as 7185
in section 2925.01 of the Revised Code.7186

       (13) "Nursing home," "residential care facility," and 7187
"skilled nursing care" have the same meanings as in section 7188
3721.01 of the Revised Code.7189

       (14) "Occupational therapy" has the same meaning as in 7190
section 4755.04 of the Revised Code.7191

       (15) "Physical therapy" has the same meaning as in section 7192
4755.40 of the Revised Code.7193

       (16) "Social worker" means a person licensed under Chapter 7194
4757. of the Revised Code to practice as a social worker or 7195
independent social worker.7196

       (17) "Speech-language pathology" has the same meaning as in 7197
section 4753.01 of the Revised Code.7198

       (18) "Waiver agency" has the same meaning as in section 7199
5164.342 of the Revised Code.7200

       (B) No home health agency shall employhire an applicant or 7201
continue to employretain an employee in a position that involves 7202
providing direct care to an individual if any of the following 7203
apply:7204

       (1) A review of the databases listed in division (D) of this 7205
section reveals any of the following:7206

       (a) That the applicant or employee is included in one or more 7207
of the databases listed in divisions (D)(1) to (5) of this 7208
section;7209

       (b) That there is in the state nurse aide registry 7210
established under section 3721.32 of the Revised Code a statement 7211
detailing findings by the director of health that the applicant or 7212
employee neglected or abused a long-term care facility or 7213
residential care facility resident or misappropriated property of 7214
such a resident;7215

       (c) That the applicant or employee is included in one or more 7216
of the databases, if any, specified in rules adopted under this 7217
section and the rules prohibit the home health agency from 7218
employinghiring an applicant or continuing to employretaining an 7219
employee included in such a database in a position that involves 7220
providing direct care to an individual.7221

       (2) After the applicant or employee is provided, pursuant to 7222
division (E)(2)(a) of this section, a copy of the form prescribed 7223
pursuant to division (C)(1) of section 109.572 of the Revised Code 7224
and the standard impression sheet prescribed pursuant to division 7225
(C)(2) of that section, the applicant or employee fails to 7226
complete the form or provide the applicant's or employee's 7227
fingerprint impressions on the standard impression sheet.7228

       (3) Except as provided in rules adopted under this section, 7229
the applicant or employee is found by a criminal records check 7230
required by this section to have been convicted of,or pleaded 7231
guilty to, or been found eligible for intervention in lieu of 7232
conviction for a disqualifying offense.7233

       (C) Except as provided by division (F) of this section, the 7234
chief administrator of a home health agency shall inform each 7235
applicant of both of the following at the time of the applicant's 7236
initial application for employmenthiring into a position that 7237
involves providing direct care to an individual or referral to the 7238
home health agency by an employment service for a position that 7239
involves providing direct care to an individual:7240

       (1) That a review of the databases listed in division (D) of 7241
this section will be conducted to determine whether the home 7242
health agency is prohibited by division (B)(1) of this section 7243
from employinghiring the applicant ininto the position;7244

       (2) That, unless the database review reveals that the 7245
applicant may not be employed inhired into the position, a 7246
criminal records check of the applicant will be conducted and the 7247
applicant is required to provide a set of the applicant's 7248
fingerprint impressions as part of the criminal records check.7249

       (D) As a condition of employingfor hiring any applicant in7250
into a position that involves providing direct care to an 7251
individual, the chief administrator of a home health agency shall 7252
conduct a database review of the applicant in accordance with 7253
rules adopted under this section. If rules adopted under this 7254
section so require, the chief administrator of a home health 7255
agency shall conduct a database review of an employee in 7256
accordance with the rules as a condition of continuing to employ7257
retaining the employee in a position that involves providing 7258
direct care to an individual. However, the chief administrator is 7259
not required to conduct a database review of an applicant or 7260
employee if division (F) of this section applies. A database 7261
review shall determine whether the applicant or employee is 7262
included in any of the following:7263

       (1) The excluded parties list system that is maintained by 7264
the United States general services administration pursuant to 7265
subpart 9.4 of the federal acquisition regulation and available at 7266
the federal web site known as the system for award management;7267

       (2) The list of excluded individuals and entities maintained 7268
by the office of inspector general in the United States department 7269
of health and human services pursuant to the "Social Security 7270
Act," sections 1128 and 1156, 42 U.S.C. 1320a-7 and 1320c-5;7271

       (3) The registry of MR/DD employees established under section 7272
5123.52 of the Revised Code;7273

       (4) The internet-based sex offender and child-victim offender 7274
database established under division (A)(11) of section 2950.13 of 7275
the Revised Code;7276

       (5) The internet-based database of inmates established under 7277
section 5120.66 of the Revised Code;7278

       (6) The state nurse aide registry established under section 7279
3721.32 of the Revised Code;7280

       (7) Any other database, if any, specified in rules adopted 7281
under this section.7282

       (E)(1) As a condition of employingfor hiring any applicant 7283
ininto a position that involves providing direct care to an 7284
individual, the chief administrator of a home health agency shall 7285
request the superintendent of the bureau of criminal 7286
identification and investigation to conduct a criminal records 7287
check of the applicant. If rules adopted under this section so 7288
require, the chief administrator of a home health agency shall 7289
request the superintendent to conduct a criminal records check of 7290
an employee at times specified in the rules as a condition of 7291
continuing to employfor retaining the employee in a position that 7292
involves providing direct care to an individual. However, the 7293
chief administrator is not required to request the criminal 7294
records check of the applicant or the employee if division (F) of 7295
this section applies or the home health agency is prohibited by 7296
division (B)(1) of this section from employinghiring the 7297
applicant or continuing to employretaining the employee in a 7298
position that involves providing direct care to an individual. If 7299
an applicant or employee for whom a criminal records check request 7300
is required by this section does not present proof of having been 7301
a resident of this state for the five-year period immediately 7302
prior to the date upon which the criminal records check is 7303
requested or does not provide evidence that within that five-year 7304
period the superintendent has requested information about the 7305
applicant from the federal bureau of investigation in a criminal 7306
records check, the chief administrator shall request that the 7307
superintendent obtain information from the federal bureau of 7308
investigation as a part of the criminal records check. Even if an 7309
applicant or employee for whom a criminal records check request is 7310
required by this section presents proof that the applicant or 7311
employee has been a resident of this state for that five-year 7312
period, the chief administrator may request that the 7313
superintendent include information from the federal bureau of 7314
investigation in the criminal records check.7315

       (2) The chief administrator shall do all of the following:7316

       (a) Provide to each applicant and employee for whom a 7317
criminal records check request is required by this section a copy 7318
of the form prescribed pursuant to division (C)(1) of section 7319
109.572 of the Revised Code and a standard impression sheet 7320
prescribed pursuant to division (C)(2) of that section;7321

       (b) Obtain the completed form and standard impression sheet 7322
from each applicant and employee;7323

       (c) Forward the completed form and standard impression sheet 7324
to the superintendent at the time the chief administrator requests 7325
the criminal records check. 7326

       (3) A home health agency shall pay to the bureau of criminal 7327
identification and investigation the fee prescribed pursuant to 7328
division (C)(3) of section 109.572 of the Revised Code for each 7329
criminal records check the agency requests under this section. A 7330
home health agency may charge an applicant a fee not exceeding the 7331
amount the agency pays to the bureau under this section if both of 7332
the following apply:7333

       (a) The home health agency notifies the applicant at the time 7334
of initial application for employmenthiring into the position in 7335
question of the amount of the fee and that, unless the fee is 7336
paid, the applicant will not be considered for employmentthe 7337
hiring.7338

       (b) The medicaid program does not reimburse the home health 7339
agency for the fee it pays to the bureau under this section.7340

       (F) Divisions (C) to (E) of this section do not apply with 7341
regard to an applicant or employee if the applicant or employee is 7342
referred to a home health agency by an employment service that 7343
supplies full-time, part-time, or temporary staff for positions 7344
that involve providing direct care to an individual and both of 7345
the following apply:7346

       (1) The chief administrator of the home health agency 7347
receives from the employment service confirmation that a review of 7348
the databases listed in division (D) of this section was conducted 7349
with regard to the applicant or employee.7350

       (2) The chief administrator of the home health agency 7351
receives from the employment service, applicant, or employee a 7352
report of the results of a criminal records check of the applicant 7353
or employee that has been conducted by the superintendent within 7354
the one-year period immediately preceding the following:7355

       (a) In the case of an applicant, the date of the applicant's 7356
referral by the employment service to the home health agency;7357

       (b) In the case of an employee, the date by which the home 7358
health agency would otherwise have to request a criminal records 7359
check of the employee under division (E) of this section.7360

       (G)(1) A home health agency may employ conditionally hire an 7361
applicant for whom a criminal records check request is required by 7362
this section before obtaining the results of the criminal records 7363
check if the agency is not prohibited by division (B) of this 7364
section from employinghiring the applicant in a position that 7365
involves providing direct care to an individual and either of the 7366
following applies:7367

       (a) The chief administrator of the home health agency 7368
requests the criminal records check in accordance with division 7369
(E) of this section not later than five business days after the 7370
home health agency conditionally hires the applicant begins 7371
conditional employment.7372

       (b) The applicant is referred to the home health agency by an 7373
employment service, the employment service or the applicant 7374
provides the chief administrator of the agency a letter that is on 7375
the letterhead of the employment service, the letter is dated and 7376
signed by a supervisor or another designated official of the 7377
employment service, and the letter states all of the following:7378

       (i) That the employment service has requested the 7379
superintendent to conduct a criminal records check regarding the 7380
applicant;7381

       (ii) That the requested criminal records check is to include 7382
a determination of whether the applicant has been convicted of,or7383
pleaded guilty to, or been found eligible for intervention in lieu 7384
of conviction for a disqualifying offense;7385

       (iii) That the employment service has not received the 7386
results of the criminal records check as of the date set forth on 7387
the letter;7388

       (iv) That the employment service promptly will send a copy of 7389
the results of the criminal records check to the chief 7390
administrator of the home health agency when the employment 7391
service receives the results.7392

       (2) If a home health agency employs an applicant7393
conditionally hires an applicant pursuant to division (G)(1)(b) of 7394
this section, the employment service, on its receipt of the 7395
results of the criminal records check, promptly shall send a copy 7396
of the results to the chief administrator of the agency. 7397

       (3) A home health agency that employsconditionally hires an 7398
applicant conditionally pursuant to division (G)(1)(a) or (b) of 7399
this section shall terminate the applicant's employmentremove the 7400
conditionally hired applicant from any job duties that require a 7401
criminal records check if the results of the criminal records 7402
check, other than the results of any request for information from 7403
the federal bureau of investigation, are not obtained within the 7404
period ending sixty days after the date the request for the 7405
criminal records check is made. Regardless7406

       Regardless of when the results of the criminal records check 7407
are obtained, if the results indicate that the conditionally hired7408
applicant has been convicted of,or pleaded guilty to, or been 7409
found eligible for intervention in lieu of conviction for a 7410
disqualifying offense, the home health agency shall terminate the 7411
conditionally hired applicant's employment unless circumstances 7412
specified in rules adopted under this section that permit the 7413
agency to employhire the applicant exist and the agency chooses 7414
to employhire the applicant. Termination of employment under this 7415
division shall be considered just cause for discharge for purposes 7416
of division (D)(2) of section 4141.29 of the Revised Code if the 7417
applicant makes any attempt to deceive the home health agency 7418
about the applicant's criminal record.7419

       (H) The report of any criminal records check conducted by the 7420
bureau of criminal identification and investigation in accordance 7421
with section 109.572 of the Revised Code and pursuant to a request 7422
made under this section is not a public record for the purposes of 7423
section 149.43 of the Revised Code and shall not be made available 7424
to any person other than the following:7425

       (1) The applicant or employee who is the subject of the 7426
criminal records check or the applicant's or employee's 7427
representative;7428

       (2) The home health agency requesting the criminal records 7429
checkrecord or its representative;7430

       (3) The administrator of any other facility, agency, or 7431
program that provides direct care to individuals that is owned or 7432
operated by the same entity that owns or operates the home health 7433
agency that requested the criminal records check;7434

       (4) The employment service that requested the criminal 7435
records check;7436

       (5) The director of health and the staff of the department of 7437
health who monitor a home health agency's compliance with this 7438
section;7439

       (6) The director of aging or the director's designee if 7440
either of the following apply:7441

       (a) In the case of a criminal records check requested by a 7442
home health agency, the home health agency also is a 7443
community-based long-term care provider or community-based 7444
long-term care subcontractor;7445

       (b) In the case of a criminal records check requested by an 7446
employment service, the employment service makes the request for 7447
an applicant or employee the employment service refers to a home 7448
health agency that also is a community-based long-term care 7449
provider or community-based long-term care subcontractor.7450

       (7) The medicaid director and the staff of the department of 7451
medicaid who are involved in the administration of the medicaid 7452
program if either of the following apply:7453

       (a) In the case of a criminal records check requested by a 7454
home health agency, the home health agency also is a waiver 7455
agency;7456

       (b) In the case of a criminal records check requested by an 7457
employment service, the employment service makes the request for 7458
an applicant or employee the employment service refers to a home 7459
health agency that also is a waiver agency.7460

        (8) Any court, hearing officer, or other necessary individual 7461
involved in a case dealing with any of the following:7462

       (a) A denial of employmenthiring of the applicant or of 7463
retention of the employee;7464

       (b) Employment or unemployment benefits of the applicant or 7465
employee;7466

        (c) A civil or criminal action regarding the medicaid 7467
program.7468

       (I) In a tort or other civil action for damages that is 7469
brought as the result of an injury, death, or loss to person or 7470
property caused by an applicant who a home health agency hires, or 7471
an employee who a home health agency employs, in a position that 7472
involves providing direct care to an individual, all of the 7473
following shall apply:7474

       (1) If the home health agency employedhired the applicant or 7475
retained the employee in good faith and reasonable reliance on the 7476
report of a criminal records check requested under this section, 7477
the agency shall not be found negligent solely because of its 7478
reliance on the report, even if the information in the report is 7479
determined later to have been incomplete or inaccurate.7480

       (2) If the home health agency employedconditionally hired7481
the applicant in good faith on a conditional basis pursuant to 7482
division (G) of this section, the agency shall not be found 7483
negligent solely because it employedconditionally hired the 7484
applicant prior to receiving the report of a criminal records 7485
check requested under this section.7486

       (3) If the home health agency in good faith employedhired7487
the applicant or retained the employee according to the personal 7488
character standards established in rules adopted under this 7489
section, the agency shall not be found negligent solely because 7490
the applicant or employee had been convicted of,or pleaded guilty 7491
to, or been found eligible for intervention in lieu of conviction 7492
for a disqualifying offense. 7493

       (J) The director of health shall adopt rules in accordance 7494
with Chapter 119. of the Revised Code to implement this section. 7495

       (1) The rules may do the following:7496

       (a) Require employees to undergo database reviews and 7497
criminal records checks under this section;7498

       (b) If the rules require employees to undergo database 7499
reviews and criminal records checks under this section, exempt one 7500
or more classes of employees from the requirements;7501

       (c) For the purpose of division (D)(7) of this section, 7502
specify other databases that are to be checked as part of a 7503
database review conducted under this section.7504

       (2) The rules shall specify all of the following:7505

       (a) The procedures for conducting database reviews under this 7506
section;7507

       (b) If the rules require employees to undergo database 7508
reviews and criminal records checks under this section, the times 7509
at which the database reviews and criminal records checks are to 7510
be conducted;7511

       (c) If the rules specify other databases to be checked as 7512
part of the database reviews, the circumstances under which a home 7513
health agency is prohibited from employinghiring an applicant or 7514
continuing to employretaining an employee who is found by a 7515
database review to be included in one or more of those databases;7516

       (d) Circumstances under which a home health agency may employ7517
hire an applicant or retain an employee who is found by a criminal 7518
records check required by this section to have been convicted of,7519
or pleaded guilty to, or been found eligible for intervention in 7520
lieu of conviction for a disqualifying offense but meets personal 7521
character standards.7522

       Sec. 3702.511. (A) Except as provided in division (B) of this 7523
section, the following activities are reviewable under sections 7524
3702.51 to 3702.62 of the Revised Code:7525

       (1) Establishment, development, or construction of a new 7526
long-term care facility;7527

       (2) Replacement of an existing long-term care facility;7528

       (3) Renovation of or addition to a long-term care facility 7529
that involves a capital expenditure of two million dollars or 7530
more, not including expenditures for equipment, staffing, or 7531
operational costs;7532

       (4) Either of the following changes in long-term care bed 7533
capacity:7534

       (a) An increase in long-term care bed capacity;7535

       (b)(5) A relocation of long-term care beds from one physical 7536
facility or site to another, excluding relocation of beds within a 7537
long-term care facility or among buildings of a long-term care 7538
facility at the same site.7539

       (5) Any change in the bed capacity or site, or any other 7540
failure to conduct a reviewable activity in substantial accordance 7541
with the approved application for which a certificate of need 7542
concerning long-term care beds was granted, if the change is made 7543
within five years after the implementation of the reviewable 7544
activity for which the certificate was granted;7545

       (6) Expenditure of more than one hundred ten per cent of the 7546
maximum expenditure specified in a certificate of need concerning 7547
long-term care beds.7548

       (B) The following activities are not subject to review under 7549
sections 3702.51 to 3702.62 of the Revised Code:7550

       (1) Acquisition of computer hardware or software;7551

       (2) Acquisition of a telephone system;7552

       (3) Construction or acquisition of parking facilities;7553

       (4) Correction of cited deficiencies that constitute an 7554
imminent threat to public health or safety and are in violation of 7555
federal, state, or local fire, building, or safety statutes, 7556
ordinances, rules, or regulations;7557

       (5) Acquisition of an existing long-term care facility that 7558
does not involve a change in the number of the beds;7559

       (6) Mergers, consolidations, or other corporate 7560
reorganizations of long-term care facilities that do not involve a 7561
change in the number of beds;7562

       (7) Construction, repair, or renovation of bathroom 7563
facilities;7564

       (8) Construction of laundry facilities, waste disposal 7565
facilities, dietary department projects, heating and air 7566
conditioning projects, administrative offices, and portions of 7567
medical office buildings used exclusively for physician services;7568

       (9) Removal of asbestos from a health care facility.7569

       Only that portion of a project that is described in this 7570
division is not reviewable.7571

       Sec. 3702.52.  The director of health shall administer a 7572
state certificate of need program in accordance with sections 7573
3702.51 to 3702.62 of the Revised Code and rules adopted under 7574
those sections.7575

       (A) The director shall issue rulings on whether a particular 7576
proposed project is a reviewable activity. The director shall 7577
issue a ruling not later than forty-five days after receiving a 7578
request for a ruling accompanied by the information needed to make 7579
the ruling. If the director does not issue a ruling in that time, 7580
the project shall be considered to have been ruled not a 7581
reviewable activity.7582

       (B)(1) Each application for a certificate of need shall be 7583
submitted to the director on forms and in the manner prescribed by 7584
the director. Each application shall include a plan for obligating 7585
the capital expenditures or implementing the proposed project on a 7586
timely basis in accordance with section 3702.524 of the Revised 7587
Code. Each application shall also include all other information 7588
required by rules adopted under division (B) of section 3702.57 of 7589
the Revised Code.7590

       (2) Each application shall be accompanied by the application 7591
fee established in rules adopted under division (G) of section 7592
3702.57 of the Revised Code. Application fees received by the 7593
director under this division shall be deposited into the state 7594
treasury to the credit of the certificate of need fund, which is 7595
hereby created. The director shall use the fund only to pay the 7596
costs of administering sections 3702.11 to 3702.20, 3702.30, and 7597
3702.51 to 3702.62 of the Revised Code and rules adopted under 7598
those sections. An application fee is nonrefundable unless the 7599
director determines that the application cannot be accepted.7600

       (3) The director shall review applications for certificates 7601
of need. As part of a review, the director shall determine whether 7602
an application is complete. The director shall not consider an 7603
application to be complete unless the application meets all 7604
criteria for a complete application specified in rules adopted 7605
under section 3702.57 of the Revised Code. The director shall mail 7606
to the applicant a written notice that the application is 7607
complete, or a written request for additional information, not 7608
later than thirty days after receiving an application or a 7609
response to an earlier request for information. Except as provided 7610
in section 3702.522 of the Revised Code, the director shall not 7611
make more than two requests for additional information. The 7612
director's determination that an application is not complete is 7613
final and not subject to appeal.7614

       (4) Except as necessary to comply with a subpoena issued 7615
under division (F) of this section, after a notice of completeness 7616
has been received, no person shall make revisions to information 7617
that was submitted to the director before the director mailed the 7618
notice of completeness or knowingly discuss in person or by 7619
telephone the merits of the application with the director. A 7620
person may supplement an application after a notice of 7621
completeness has been received by submitting clarifying 7622
information to the director. 7623

       (C) All of the following apply to the process of granting or 7624
denying a certificate of need:7625

        (1) If the project proposed in a certificate of need 7626
application meets all of the applicable certificate of need 7627
criteria for approval under sections 3702.51 to 3702.62 of the 7628
Revised Code and the rules adopted under those sections, the 7629
director shall grant a certificate of need for all or part of the 7630
project that is the subject of the application by the applicable 7631
deadline specified in division (C)(4) of this section or any 7632
extension of it under division (C)(5) of this section.7633

       (2) The director's grant of a certificate of need does not 7634
affect, and sets no precedent for, the director's decision to 7635
grant or deny other applications for similar reviewable 7636
activities. 7637

       (3) Any affected person may submit written comments regarding 7638
an application. The director shall consider all written comments 7639
received by the thirtiethforty-fifth day after mailing the notice 7640
of completeness or, in the case of applications under comparative 7641
review, by the thirtieth day afterthe application is submitted to7642
the director mails the last notice of completeness.7643

       (4) Except as provided in division (C)(5) of this section, 7644
the director shall grant or deny certificate of need applications 7645
not later than sixty days after mailing the notice of 7646
completeness.7647

       (5) Except as otherwise provided in division (C)(6) of this 7648
section, the director or the applicant may extend the deadline 7649
prescribed in division (C)(4) of this section once, for no longer 7650
than thirty days, by written notice before the end of the deadline 7651
prescribed by division (C)(4) of this section. An extension by the 7652
director under division (C)(5) of this section shall apply to all 7653
applications that are in comparative review.7654

       (6) No applicant in a comparative review may extend the 7655
deadline specified in division (C)(4) of this section. 7656

       (7) If the director does not grant or deny the certificate by 7657
the applicable deadline specified in division (C)(4) of this 7658
section or any extension of it under division (C)(5) of this 7659
section, the certificate shall be considered to have been granted. 7660

       (8) In granting a certificate of need, the director shall 7661
specify as the maximum capital expenditure the certificate holder 7662
may obligate under the certificate a figure equal to one hundred 7663
ten per cent of the approved project cost.7664

       (9) In granting a certificate of need, the director may grant 7665
the certificate with conditions that must be met by the holder of 7666
the certificate.7667

       (D) When a certificate of need is granted for a project under 7668
which beds are to be relocated, upon completion of the project for 7669
which the certificate of need was granted a number of beds equal 7670
to the number of beds relocated shall cease to be operated in the 7671
long-term care facility from which they are relocated, except that 7672
the beds may continue to be operated for not more than fifteen 7673
days to allow relocation of residents to the facility to which the 7674
beds have been relocated. Notwithstanding section 3721.03 of the 7675
Revised Code, if the relocated beds are in a home licensed under 7676
Chapter 3721. of the Revised Code, the facility's license is 7677
automatically reduced by the number of beds relocated effective 7678
fifteen days after the beds are relocated. If the beds are in a 7679
facility that is certified as a skilled nursing facility or 7680
nursing facility under Title XVIII or XIX of the "Social Security 7681
Act," the certification for the beds shall be surrendered. If the 7682
beds are registered under section 3701.07 of the Revised Code as 7683
skilled nursing beds or long-term care beds, the director shall 7684
remove the beds from registration not later than fifteen days 7685
after the beds are relocated.7686

       (E) The director shall monitor the activities of persons 7687
granted certificates of need duringDuring the period beginning 7688
with the granting of thea certificate of need and ending five 7689
years after implementation of the reviewable activity for which 7690
the certificate was granted, the director shall monitor the 7691
activities of the person granted the certificate to determine 7692
whether the reviewable activity is conducted in substantial 7693
accordance with the certificate. No reviewable activity shall be 7694
determined to be not in substantial accordance with the 7695
certificate of need due to a decrease in bed capacity. 7696

       (F) When reviewing applications for certificates of need, 7697
considering appeals under section 3702.60 of the Revised Code, or 7698
monitoring activities of persons granted certificates of need, the 7699
director may issue and enforce, in the manner provided in section 7700
119.09 of the Revised Code, subpoenas and subpoenas duces tecum to 7701
compel a person to testify and produce documents relevant to 7702
review of the application, consideration of the appeal, or 7703
monitoring of the activities. In addition, the director or the 7704
director's designee may visit the sites where the activities are 7705
or will be conducted.7706

       (G) The director may withdraw certificates of need.7707

        (H) All long-term care facilities shall submit to the 7708
director, upon request, any information prescribed by rules 7709
adopted under division (H) of section 3702.57 of the Revised Code 7710
that is necessary to conduct reviews of certificate of need 7711
applications and to develop criteria for reviews.7712

       (I) Any decision to grant or deny a certificate of need shall 7713
consider the special needs and circumstances resulting from moral 7714
and ethical values and the free exercise of religious rights of 7715
long-term care facilities administered by religious organizations, 7716
and the special needs and circumstances of inner city and rural 7717
communities.7718

       Sec. 3702.526. (A) Except as provided in division (B) of this 7719
section, the director of health shall accept an application for a 7720
replacement certificate of need for an activity described in 7721
division (A)(5) of section 3702.511 of the Revised Code to replace 7722
an approved certificate of need for that activity if all of the 7723
following conditions are met:7724

       (1) The applicant requests the replacement certificate of 7725
need so that the reviewable activity for which the approved 7726
certificate of need was granted can be implemented in a manner 7727
that is not in substantial accordance with the approved 7728
certificate of need.7729

       (2) The applicant is the same as the applicant for the 7730
approved certificate of need or an affiliated or related person as 7731
described in division (B) of section 3702.523 of the Revised Code.7732

       (2)(3) The source of any long-term care beds to be relocated 7733
is the same as in the approved certificate of need.7734

       (3)(4) The application for the approved certificate of need 7735
was not subject to comparative review under section 3702.593 of 7736
the Revised Code.7737

       (B) The director shall not accept an application for a 7738
replacement certificate that proposes to increase the number of 7739
long-term care beds to be relocated specified in the application 7740
for the approved certificate of need.7741

       (C) For the purpose of determining whether long-term care 7742
beds are from an existing long-term care facility, the director 7743
shall consider the date of filing of the application for a 7744
replacement certificate to be the same as the date of filing of 7745
the original application for the approved certificate of need.7746

       (D) Any long-term care beds that were approvedproposed to be 7747
relocated in the approved certificate of need remain approved7748
eligible to be recategorized as a different category of long-term 7749
care beds in the application for a replacement certificate.7750

       (E) The applicant shall submit with the application for a 7751
replacement certificate a nonrefundable fee equal to the 7752
application fee for the approved certificate of need.7753

       (F) The director shall review, approve, or deny the 7754
application for the replacement certificate in the same manner as 7755
the application for the approved certificate of need.7756

       (G) Upon approval of the application for a replacement 7757
certificate, the original certificate of need is automatically 7758
voided.7759

       Sec. 3702.71.  As used in sections 3702.71 to 3702.81 of the 7760
Revised Code:7761

       (A) "Full-time practice" means working a minimum of forty 7762
hours per week for a minimum of forty-five weeks each service 7763
year.7764

       (B) "Part-time practice" means working a minimum of twenty 7765
and a maximum of thirty-nine hours per week for a minimum of 7766
forty-five weeks per service year.7767

       (C) "Primary care physician" means an individual who is 7768
authorized under Chapter 4731. of the Revised Code to practice 7769
medicine and surgery or osteopathic medicine and surgery and is 7770
board certified or board eligible in a primary care specialty.7771

       (B)(D) "Primary care service" means professional 7772
comprehensive personal health services, which may include health 7773
education and disease prevention, treatment of uncomplicated 7774
health problems, diagnosis of chronic health problems, overall 7775
management of health care services for an individual or a family, 7776
and the services of a psychiatrist. "Primary care service" also 7777
includes providing the initial contact for health care services 7778
and, making referrals for secondary and tertiary care and for 7779
continuity of health care services, and teaching activities to the 7780
extent specified in a contract entered into pursuant to section 7781
3702.74 of the Revised Code.7782

       (C)(E) "Primary care specialty" means general internal 7783
medicine, pediatrics, adolescent medicine, obstetrics and 7784
gynecology, psychiatry, child and adolescent psychiatry, geriatric 7785
psychiatry, combined internal medicine and pediatrics, geriatrics, 7786
or family practice.7787

       Sec. 3702.74.  (A) A primary care physician who has signed a 7788
letter of intent under section 3702.73 of the Revised Code and the 7789
director of health may enter into a contract for the physician's 7790
participation in the physician loan repayment program. The 7791
physician's employer or other funding source may also be a party 7792
to the contract.7793

       (B) The contract shall include all of the following 7794
obligations:7795

       (1) The primary care physician agrees to provide primary care 7796
services in the health resource shortage area identified in the 7797
letter of intent for at least two yearsthe number of hours and 7798
duration specified in the contract;7799

       (2) When providing primary care services in the health 7800
resource shortage area, the primary care physician agrees to do 7801
all of the following:7802

       (a) Provide primary care services for a minimum of forty 7803
hours per week, of which at least twenty-one hours will be spent 7804
providing patient care in an outpatient or ambulatory setting 7805
approved by the department of health;7806

       (b) Provide primary care services without regard to a 7807
patient's ability to pay;7808

       (c) Meet the requirements for a medicaid provider agreement 7809
and enter into the agreement with the department of medicaid to 7810
provide primary care services to medicaid recipients. 7811

       (3) The department of health agrees, as provided in section 7812
3702.75 of the Revised Code, to repay, so long as the primary care 7813
physician performs the service obligation agreed to under division 7814
(B)(1) of this section, all or part of the principal and interest 7815
of a government or other educational loan taken by the primary 7816
care physician for expenses described in section 3702.75 of the 7817
Revised Code;7818

       (4) The primary care physician agrees to pay the department 7819
of health an amount established by rules adopted under section 7820
3702.79 of the Revised Code if the physician fails to complete the 7821
service obligation agreed to under division (B)(1) of this 7822
section.7823

       (C) The contract may include any other terms agreed upon by 7824
the partiesshall include the following terms as agreed upon by 7825
the parties:7826

       (1) The primary care physician's required length of service 7827
in the health resource shortage area, which must be at least two 7828
years;7829

       (2) The number of weekly hours the primary care physician 7830
will be engaged in full-time practice or part-time practice in the 7831
health resource shortage area;7832

       (3) The maximum amount that the department will repay on 7833
behalf of the primary care physician;7834

       (4) The extent to which the primary care physician's teaching 7835
activities in the health resource shortage area will be counted 7836
toward the physician's full-time practice or part-time practice 7837
hours under the contract.7838

       Sec. 3702.75.  There is hereby created the physician loan 7839
repayment program. Under the program, the department of health, by 7840
means of a contract provision under division (B)(3) of section 7841
3702.74 of the Revised Code, may agree to repay all or part of the 7842
principal and interest of a government or other educational loan 7843
taken by a primary care physician for the following expenses, so 7844
long as the expenses were incurred while the physician was 7845
enrolled in, for up to a maximum of four years, a medical school 7846
or osteopathic medical school in the United States that was, 7847
during the time enrolled, accredited by the liaison committee on 7848
medical education or the American osteopathic association, or a 7849
medical school or osteopathic medical school located outside the 7850
United States that was, during the time enrolled, acknowledged by 7851
the world health organization and verified by a member state of 7852
that organization as operating within the state's jurisdiction:7853

       (A) Tuition;7854

       (B) Other educational expenses, such as fees, books, and 7855
laboratory expenses, for specific purposes and in amounts 7856
determined to be reasonable by the director of health;7857

       (C) Room and board, in an amount determined reasonable by the 7858
director of health.7859

       In the first and second years, no repayment shall exceed 7860
twenty-five thousand dollars in each year. In the third and fourth 7861
years, no repayment shall exceed thirty-five thousand dollars in 7862
each year. If, however, a repayment results in an increase in the 7863
primary care physician's federal, state, or local income tax 7864
liability, at the physician's request, the department may 7865
reimburse the physician for the increased tax liability, 7866
regardless of the amount of the repayment made to the physician in 7867
that year.7868

       Not later than the thirty-first day of January each year, the 7869
department shall mail to each physician to whom or on whose behalf 7870
repayment is made under this section a statement showing the 7871
amount repaid by the department pursuant to the contract in the 7872
preceding year. The statement shall be sent by ordinary mail with 7873
address correction and forwarding requested in the manner 7874
prescribed by the United States postal service.7875

       Sec. 3702.91.  (A) As used in this section, "full-time 7876
practice" and "part-time practice" have the same meanings as in 7877
section 3702.71 of the Revised Code.7878

       (B) An individual who has signed a letter of intent under 7879
section 3702.90 of the Revised Code may enter into a contract with 7880
the director of health for participation in the dentist loan 7881
repayment program. The dentist's employer or other funding source 7882
may also be a party to the contract.7883

       (B)(C) The contract shall include all of the following 7884
obligations:7885

       (1) The individual agrees to provide dental services in the 7886
dental health resource shortage area identified in the letter of 7887
intent for at least two yearsthe number of hours and duration 7888
specified in the contract.7889

       (2) When providing dental services in the dental health 7890
resource shortage area, the individual agrees to do all of the 7891
following:7892

       (a) Provide dental services for a minimum of forty hours per 7893
weekin a service site approved by the department of health;7894

       (b) Provide dental services without regard to a patient's 7895
ability to pay;7896

       (c) Meet the requirements for a medicaid provider agreement 7897
and enter into the agreement with the department of medicaid to 7898
provide dental services to medicaid recipients.7899

       (3) The department of health agrees, as provided in section 7900
3702.85 of the Revised Code, to repay, so long as the individual 7901
performs the service obligation agreed to under division (B)(C)(1) 7902
of this section, all or part of the principal and interest of a 7903
government or other educational loan taken by the individual for 7904
expenses described in section 3702.85 of the Revised Code.7905

       (4) The individual agrees to pay the department of health an 7906
amount established by rules adopted under section 3702.86 of the 7907
Revised Code, if the individual fails to complete the service 7908
obligation agreed to under division (B)(C)(1) of this section.7909

       (C)(D) The contract mayshall include any otherthe following7910
terms as agreed upon by the parties:7911

       (1) The individual's required length of service in the dental 7912
health resource shortage area, which must be at least two years;7913

       (2) The number of weekly hours the individual will be engaged 7914
in full-time practice or part-time practice;7915

       (3) The maximum amount that the department will repay on 7916
behalf of the individual;7917

       (4) The extent to which the individual's teaching activities 7918
in the dental health resource shortage area will be counted toward 7919
the individual's full-time practice or part-time practice hours 7920
under the contract.7921

       (D) Not later than the thirty-first day of January of each 7922
year, the department of health shall mail to each individual to 7923
whom or on whose behalf repayment is made under the dentist loan 7924
repayment program a statement showing the amount of principal and 7925
interest repaid by the department pursuant to the contract in the 7926
preceding year. The statement shall be sent by ordinary mail with 7927
address correction and forwarding requested in the manner 7928
prescribed by the United States postal service.7929

       Sec. 3702.95.  The director of health may accept gifts of 7930
money from any source for the implementation and administration of 7931
sections 3702.85 to 3702.933702.92 of the Revised Code. 7932

       The director shall pay all gifts accepted under this section 7933
into the state treasury, to the credit of the dental health 7934
resource shortage area fund, which is hereby created, and all 7935
damages collected under division (B)(C)(4) of section 3702.91 of 7936
the Revised Code, into the state treasury, to the credit of the 7937
dentist loan repayment fund, which is hereby created.7938

       The director shall use the dental health resource shortage 7939
area and dentist loan repayment funds for the implementation and 7940
administration of sections 3702.85 to 3702.95 of the Revised Code. 7941

       Sec. 3721.122.  Before an individual is admitted as a 7942
resident to a home, the home's administrator shall search for the 7943
individual's name in the internet-based sex offender and 7944
child-victim offender database established under division (A)(11) 7945
of section 2950.13 of the Revised Code. If the search results 7946
identify the individual as a sex offender and the individual is 7947
admitted as a resident to the home, the administrator shall 7948
provide for the home to do all of the following:7949

       (A) Develop a plan of care to protect the other residents' 7950
rights to a safe environment and to be free from abuse;7951

       (B) Notify all of the home's other residents and their 7952
sponsors that a sex offender has been admitted as a resident to 7953
the home and include in the notice a description of the plan of 7954
care developed under division (A) of this section;7955

       (C) Direct the individual in updating the individual's 7956
address under section 2950.05 of the Revised Code and, if the 7957
individual is unable to do so without assistance, provide the 7958
assistance the individual needs to update the individual's address 7959
under that section.7960

       Sec. 3730.09.  (A) Each operator of a business that offers 7961
tattooing or body piercing services shall do all of the following:7962

       (1) Maintain procedures for ensuring that the individuals who 7963
perform tattooing or body piercing procedures are adequately 7964
trained to perform the procedures properly;7965

       (2) With respect to tattooing services, maintain written 7966
records that include the color, manufacturer, and lot number of 7967
each pigment used for each tattoo performed;7968

       (3) Comply with the safety and sanitation requirements for 7969
preventing transmission of infectious diseases, as established in 7970
rules adopted under section 3730.10 of the Revised Code;7971

       (4) Require the individuals who perform tattooing and body 7972
piercing procedures to disinfect and sterilizeEnsure that all 7973
invasive equipment or parts of equipment used in performing the7974
tattooing and body piercing procedures are disinfected and 7975
sterilized by using methods that meet the disinfection and 7976
sterilization requirements established in rules adopted under 7977
section 3730.10 of the Revised Code;7978

       (5) Ensure that weekly tests of the business's heat 7979
sterilization devices are performed to determine whether the 7980
devices are functioning properly. In having the devices tested, 7981
the operator of the business shall use a biological monitoring 7982
system that indicates whether the devices are killing 7983
microorganisms. If a test indicates that a device is not 7984
functioning properly, the operator shall take immediate remedial 7985
action to ensure that heat sterilization is being accomplished. 7986
The operator shall maintain documentation that the weekly tests 7987
are being performed. To comply with the documentation requirement, 7988
the documents must consist of a log that indicates the date on 7989
which each test is performed and the name of the person who 7990
performed the test or, if a test was conducted by an independent 7991
testing entity, a copy of the entity's testing report. The 7992
operator shall maintain records of each test performed for at 7993
least two years.7994

       (B) Each operator of a business that offers ear piercing 7995
services performed with an ear piercing gun shall require the 7996
individuals who perform the ear piercing services to disinfect and 7997
sterilize the ear piercing gun by using chemical solutions that 7998
meet the disinfection and sterilization requirements established 7999
in rules adopted under section 3730.10 of the Revised Code.8000

       Sec. 3737.02.  (A) The fire marshal may collect fees to cover 8001
the costs of performing inspections and other duties that the fire 8002
marshal is authorized or required by law to perform. Except as 8003
provided in division (B) of this section, all fees collected by 8004
the fire marshal shall be deposited to the credit of the fire 8005
marshal's fund.8006

       (B)(1) All of the following shall be credited to the 8007
underground storage tank administration fund, which is hereby 8008
created in the state treasury:8009

       (1)(a) Fees collected under sections 3737.88 and 3737.881 of 8010
the Revised Code for operation of the underground storage tank and 8011
underground storage tank installer certification programs;8012

       (2)(b) Moneys recovered under section 3737.89 of the Revised 8013
Code for the state's costs of undertaking corrective or 8014
enforcement actions under that section or section 3737.882 of the 8015
Revised Code;8016

       (3)(c) Fines and penalties collected under section 3737.882 8017
of the Revised Code;8018

       (4) Amounts repaid for underground storage tank revolving 8019
loans under section 3737.883and other moneys, including 8020
corrective action enforcement case settlements or bankruptcy case 8021
awards or settlements, received by the fire marshal under sections 8022
3737.88 to 3737.89 of the Revised Code.8023

       (C)(2) All interest earned on moneys credited to the 8024
underground storage tank administration fund shall be credited to 8025
the fund. Moneys credited to the underground storage tank 8026
administration fund shall be used by the fire marshal for 8027
implementation and enforcement of underground storage tank, 8028
corrective action, and installer certification programs under 8029
sections 3737.88 to 3737.89 of the Revised Code. Only moneys 8030
described in divisions (B)(3) and (4) of this section may be used 8031
by the fire marshal to make underground storage tank revolving 8032
loans under section 3737.883 of the Revised Code, and no other 8033
moneys may be used to make those loans.8034

       (D)(C) There is hereby created in the state treasury the 8035
underground storage tank revolving loan fund. The fund shall 8036
consist of amounts repaid for underground storage tank revolving 8037
loans under section 3737.883 of the Revised Code and moneys 8038
described in division (B)(1)(c) of this section that are allocated 8039
to the fund in accordance with division (D)(1) of this section. 8040
Moneys in the fund shall be used by the fire marshal to make 8041
underground storage tank revolving loans under section 3737.883 of 8042
the Revised Code.8043

        (D)(1) If the director of commerce determines that the cash 8044
balance in the underground storage tank administration fund is in 8045
excess of the amount needed for implementation and enforcement of 8046
the underground storage tank, corrective action, and installer 8047
certification programs under sections 3737.88 to 3737.89 of the 8048
Revised Code, the director may certify the excess amount to the 8049
director of budget and management. Upon certification, the 8050
director of budget and management may transfer from the 8051
underground storage tank administration fund to the underground 8052
storage tank revolving loan fund any amount up to, but not 8053
exceeding, the amount certified by the director of commerce, 8054
provided the amount transferred consists only of moneys described 8055
in division (B)(1)(c) of this section.8056

        (2) If the director of commerce determines that the cash 8057
balance in the underground storage tank administration fund is 8058
insufficient to implement and enforce the underground storage 8059
tank, corrective action, and installer certification programs 8060
under sections 3737.88 to 3737.89 of the Revised Code, the 8061
director may certify the amount needed to the director of budget 8062
and management. Upon certification, the director of budget and 8063
management may transfer from the underground storage tank 8064
revolving loan fund to the underground storage tank administration 8065
fund any amount up to, but not exceeding, the amount certified by 8066
the director of commerce.8067

        (E) The fire marshal shall take all actions necessary to 8068
obtain any federal funding available to carry out the fire 8069
marshal's responsibilities under sections 3737.88 to 3737.89 of 8070
the Revised Code and federal laws regarding the cleaning up of 8071
releases of petroleum, as "release" is defined in section 3737.87 8072
of the Revised Code, including, without limitation, any federal 8073
funds that are available to reimburse the state for the costs of 8074
undertaking corrective actions for such releases of petroleum. The 8075
state may, when appropriate, return to the United States any 8076
federal funds recovered under sections 3737.882 and 3737.89 of the 8077
Revised Code.8078

       Sec. 4141.01.  As used in this chapter, unless the context 8079
otherwise requires:8080

       (A)(1) "Employer" means the state, its instrumentalities, its 8081
political subdivisions and their instrumentalities, Indian tribes, 8082
and any individual or type of organization including any 8083
partnership, limited liability company, association, trust, 8084
estate, joint-stock company, insurance company, or corporation, 8085
whether domestic or foreign, or the receiver, trustee in 8086
bankruptcy, trustee, or the successor thereof, or the legal 8087
representative of a deceased person who subsequent to December 31, 8088
1971, or in the case of political subdivisions or their 8089
instrumentalities, subsequent to December 31, 1973:8090

       (a) Had in employment at least one individual, or in the case 8091
of a nonprofit organization, subsequent to December 31, 1973, had 8092
not less than four individuals in employment for some portion of a 8093
day in each of twenty different calendar weeks, in either the 8094
current or the preceding calendar year whether or not the same 8095
individual was in employment in each such day; or8096

       (b) Except for a nonprofit organization, had paid for service 8097
in employment wages of fifteen hundred dollars or more in any 8098
calendar quarter in either the current or preceding calendar year; 8099
or8100

       (c) Had paid, subsequent to December 31, 1977, for employment 8101
in domestic service in a local college club, or local chapter of a 8102
college fraternity or sorority, cash remuneration of one thousand 8103
dollars or more in any calendar quarter in the current calendar 8104
year or the preceding calendar year, or had paid subsequent to 8105
December 31, 1977, for employment in domestic service in a private 8106
home cash remuneration of one thousand dollars in any calendar 8107
quarter in the current calendar year or the preceding calendar 8108
year:8109

       (i) For the purposes of divisions (A)(1)(a) and (b) of this 8110
section, there shall not be taken into account any wages paid to, 8111
or employment of, an individual performing domestic service as 8112
described in this division.8113

       (ii) An employer under this division shall not be an employer 8114
with respect to wages paid for any services other than domestic 8115
service unless the employer is also found to be an employer under 8116
division (A)(1)(a), (b), or (d) of this section.8117

       (d) As a farm operator or a crew leader subsequent to 8118
December 31, 1977, had in employment individuals in agricultural 8119
labor; and8120

       (i) During any calendar quarter in the current calendar year 8121
or the preceding calendar year, paid cash remuneration of twenty 8122
thousand dollars or more for the agricultural labor; or8123

       (ii) Had at least ten individuals in employment in 8124
agricultural labor, not including agricultural workers who are 8125
aliens admitted to the United States to perform agricultural labor 8126
pursuant to sections 1184(c) and 1101(a)(15)(H) of the 8127
"Immigration and Nationality Act," 66 Stat. 163, 189, 8 U.S.C.A. 8128
1101(a)(15)(H)(ii)(a), 1184(c), for some portion of a day in each 8129
of the twenty different calendar weeks, in either the current or 8130
preceding calendar year whether or not the same individual was in 8131
employment in each day; or8132

       (e) Is not otherwise an employer as defined under division 8133
(A)(1)(a) or (b) of this section; and8134

       (i) For which, within either the current or preceding 8135
calendar year, service, except for domestic service in a private 8136
home not covered under division (A)(1)(c) of this section, is or 8137
was performed with respect to which such employer is liable for 8138
any federal tax against which credit may be taken for 8139
contributions required to be paid into a state unemployment fund;8140

       (ii) Which, as a condition for approval of this chapter for 8141
full tax credit against the tax imposed by the "Federal 8142
Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to 3311, is 8143
required, pursuant to such act to be an employer under this 8144
chapter; or8145

       (iii) Who became an employer by election under division 8146
(A)(4) or (5) of this section and for the duration of such 8147
election; or8148

       (f) In the case of the state, its instrumentalities, its 8149
political subdivisions, and their instrumentalities, and Indian 8150
tribes, had in employment, as defined in divisions (B)(2)(a) and 8151
(B)(2)(l) of this section, at least one individual;8152

       (g) For the purposes of division (A)(1)(a) of this section, 8153
if any week includes both the thirty-first day of December and the 8154
first day of January, the days of that week before the first day 8155
of January shall be considered one calendar week and the days 8156
beginning the first day of January another week.8157

       (2) Each individual employed to perform or to assist in 8158
performing the work of any agent or employee of an employer is 8159
employed by such employer for all the purposes of this chapter, 8160
whether such individual was hired or paid directly by such 8161
employer or by such agent or employee, provided the employer had 8162
actual or constructive knowledge of the work. All individuals 8163
performing services for an employer of any person in this state 8164
who maintains two or more establishments within this state are 8165
employed by a single employer for the purposes of this chapter.8166

       (3) An employer subject to this chapter within any calendar 8167
year is subject to this chapter during the whole of such year and 8168
during the next succeeding calendar year.8169

       (4) An employer not otherwise subject to this chapter who 8170
files with the director of job and family services a written 8171
election to become an employer subject to this chapter for not 8172
less than two calendar years shall, with the written approval of 8173
such election by the director, become an employer subject to this 8174
chapter to the same extent as all other employers as of the date 8175
stated in such approval, and shall cease to be subject to this 8176
chapter as of the first day of January of any calendar year 8177
subsequent to such two calendar years only if at least thirty days 8178
prior to such first day of January the employer has filed with the 8179
director a written notice to that effect.8180

       (5) Any employer for whom services that do not constitute 8181
employment are performed may file with the director a written 8182
election that all such services performed by individuals in the 8183
employer's employ in one or more distinct establishments or places 8184
of business shall be deemed to constitute employment for all the 8185
purposes of this chapter, for not less than two calendar years. 8186
Upon written approval of the election by the director, such 8187
services shall be deemed to constitute employment subject to this 8188
chapter from and after the date stated in such approval. Such 8189
services shall cease to be employment subject to this chapter as 8190
of the first day of January of any calendar year subsequent to 8191
such two calendar years only if at least thirty days prior to such 8192
first day of January such employer has filed with the director a 8193
written notice to that effect.8194

       (B)(1) "Employment" means service performed by an individual 8195
for remuneration under any contract of hire, written or oral, 8196
express or implied, including service performed in interstate 8197
commerce and service performed by an officer of a corporation, 8198
without regard to whether such service is executive, managerial, 8199
or manual in nature, and without regard to whether such officer is 8200
a stockholder or a member of the board of directors of the 8201
corporation, unless it is shown to the satisfaction of the 8202
director that such individual has been and will continue to be 8203
free from direction or control over the performance of such 8204
service, both under a contract of service and in fact. The 8205
director shall adopt rules to define "direction or control."8206

       (2) "Employment" includes:8207

       (a) Service performed after December 31, 1977, by an 8208
individual in the employ of the state or any of its 8209
instrumentalities, or any political subdivision thereof or any of 8210
its instrumentalities or any instrumentality of more than one of 8211
the foregoing or any instrumentality of any of the foregoing and 8212
one or more other states or political subdivisions and without 8213
regard to divisions (A)(1)(a) and (b) of this section, provided 8214
that such service is excluded from employment as defined in the 8215
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301, 8216
3306(c)(7) and is not excluded under division (B)(3) of this 8217
section; or the services of employees covered by voluntary 8218
election, as provided under divisions (A)(4) and (5) of this 8219
section;8220

       (b) Service performed after December 31, 1971, by an 8221
individual in the employ of a religious, charitable, educational, 8222
or other organization which is excluded from the term "employment" 8223
as defined in the "Federal Unemployment Tax Act," 84 Stat. 713, 26 8224
U.S.C.A. 3301 to 3311, solely by reason of section 26 U.S.C.A. 8225
3306(c)(8) of that act and is not excluded under division (B)(3) 8226
of this section;8227

       (c) Domestic service performed after December 31, 1977, for 8228
an employer, as provided in division (A)(1)(c) of this section;8229

       (d) Agricultural labor performed after December 31, 1977, for 8230
a farm operator or a crew leader, as provided in division 8231
(A)(1)(d) of this section;8232

       (e) Service not covered under division (B)(1) of this section 8233
which is performed after December 31, 1971:8234

       (i) As an agent-driver or commission-driver engaged in 8235
distributing meat products, vegetable products, fruit products, 8236
bakery products, beverages other than milk, laundry, or 8237
dry-cleaning services, for the individual's employer or principal;8238

       (ii) As a traveling or city salesperson, other than as an 8239
agent-driver or commission-driver, engaged on a full-time basis in 8240
the solicitation on behalf of and in the transmission to the 8241
salesperson's employer or principal except for sideline sales 8242
activities on behalf of some other person of orders from 8243
wholesalers, retailers, contractors, or operators of hotels, 8244
restaurants, or other similar establishments for merchandise for 8245
resale, or supplies for use in their business operations, provided 8246
that for the purposes of division (B)(2)(e)(ii) of this section, 8247
the services shall be deemed employment if the contract of service 8248
contemplates that substantially all of the services are to be 8249
performed personally by the individual and that the individual 8250
does not have a substantial investment in facilities used in 8251
connection with the performance of the services other than in 8252
facilities for transportation, and the services are not in the 8253
nature of a single transaction that is not a part of a continuing 8254
relationship with the person for whom the services are performed.8255

       (f) An individual's entire service performed within or both 8256
within and without the state if:8257

       (i) The service is localized in this state.8258

       (ii) The service is not localized in any state, but some of 8259
the service is performed in this state and either the base of 8260
operations, or if there is no base of operations then the place 8261
from which such service is directed or controlled, is in this 8262
state or the base of operations or place from which such service 8263
is directed or controlled is not in any state in which some part 8264
of the service is performed but the individual's residence is in 8265
this state.8266

       (g) Service not covered under division (B)(2)(f)(ii) of this 8267
section and performed entirely without this state, with respect to 8268
no part of which contributions are required and paid under an 8269
unemployment compensation law of any other state, the Virgin 8270
Islands, Canada, or of the United States, if the individual 8271
performing such service is a resident of this state and the 8272
director approves the election of the employer for whom such 8273
services are performed; or, if the individual is not a resident of 8274
this state but the place from which the service is directed or 8275
controlled is in this state, the entire services of such 8276
individual shall be deemed to be employment subject to this 8277
chapter, provided service is deemed to be localized within this 8278
state if the service is performed entirely within this state or if 8279
the service is performed both within and without this state but 8280
the service performed without this state is incidental to the 8281
individual's service within the state, for example, is temporary 8282
or transitory in nature or consists of isolated transactions;8283

       (h) Service of an individual who is a citizen of the United 8284
States, performed outside the United States except in Canada after 8285
December 31, 1971, or the Virgin Islands, after December 31, 1971, 8286
and before the first day of January of the year following that in 8287
which the United States secretary of labor approves the Virgin 8288
Islands law for the first time, in the employ of an American 8289
employer, other than service which is "employment" under divisions 8290
(B)(2)(f) and (g) of this section or similar provisions of another 8291
state's law, if:8292

       (i) The employer's principal place of business in the United 8293
States is located in this state;8294

       (ii) The employer has no place of business in the United 8295
States, but the employer is an individual who is a resident of 8296
this state; or the employer is a corporation which is organized 8297
under the laws of this state, or the employer is a partnership or 8298
a trust and the number of partners or trustees who are residents 8299
of this state is greater than the number who are residents of any 8300
other state; or8301

       (iii) None of the criteria of divisions (B)(2)(f)(i) and (ii) 8302
of this section is met but the employer has elected coverage in 8303
this state or the employer having failed to elect coverage in any 8304
state, the individual has filed a claim for benefits, based on 8305
such service, under this chapter.8306

       (i) For the purposes of division (B)(2)(h) of this section, 8307
the term "American employer" means an employer who is an 8308
individual who is a resident of the United States; or a 8309
partnership, if two-thirds or more of the partners are residents 8310
of the United States; or a trust, if all of the trustees are 8311
residents of the United States; or a corporation organized under 8312
the laws of the United States or of any state, provided the term 8313
"United States" includes the states, the District of Columbia, the 8314
Commonwealth of Puerto Rico, and the Virgin Islands.8315

       (j) Notwithstanding any other provisions of divisions (B)(1) 8316
and (2) of this section, service, except for domestic service in a 8317
private home not covered under division (A)(1)(c) of this section, 8318
with respect to which a tax is required to be paid under any 8319
federal law imposing a tax against which credit may be taken for 8320
contributions required to be paid into a state unemployment fund, 8321
or service, except for domestic service in a private home not 8322
covered under division (A)(1)(c) of this section, which, as a 8323
condition for full tax credit against the tax imposed by the 8324
"Federal Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to 8325
3311, is required to be covered under this chapter.8326

       (k) Construction services performed by any individual under a 8327
construction contract, as defined in section 4141.39 of the 8328
Revised Code, if the director determines that the employer for 8329
whom services are performed has the right to direct or control the 8330
performance of the services and that the individuals who perform 8331
the services receive remuneration for the services performed. The 8332
director shall presume that the employer for whom services are 8333
performed has the right to direct or control the performance of 8334
the services if ten or more of the following criteria apply:8335

       (i) The employer directs or controls the manner or method by 8336
which instructions are given to the individual performing 8337
services;8338

       (ii) The employer requires particular training for the 8339
individual performing services;8340

       (iii) Services performed by the individual are integrated 8341
into the regular functioning of the employer;8342

       (iv) The employer requires that services be provided by a 8343
particular individual;8344

       (v) The employer hires, supervises, or pays the wages of the 8345
individual performing services;8346

       (vi) A continuing relationship between the employer and the 8347
individual performing services exists which contemplates 8348
continuing or recurring work, even if not full-time work;8349

       (vii) The employer requires the individual to perform 8350
services during established hours;8351

       (viii) The employer requires that the individual performing 8352
services be devoted on a full-time basis to the business of the 8353
employer;8354

       (ix) The employer requires the individual to perform services 8355
on the employer's premises;8356

       (x) The employer requires the individual performing services 8357
to follow the order of work established by the employer;8358

       (xi) The employer requires the individual performing services 8359
to make oral or written reports of progress;8360

       (xii) The employer makes payment to the individual for 8361
services on a regular basis, such as hourly, weekly, or monthly;8362

       (xiii) The employer pays expenses for the individual 8363
performing services;8364

       (xiv) The employer furnishes the tools and materials for use 8365
by the individual to perform services;8366

       (xv) The individual performing services has not invested in 8367
the facilities used to perform services;8368

       (xvi) The individual performing services does not realize a 8369
profit or suffer a loss as a result of the performance of the 8370
services;8371

       (xvii) The individual performing services is not performing 8372
services for more than two employers simultaneously;8373

       (xviii) The individual performing services does not make the 8374
services available to the general public;8375

       (xix) The employer has a right to discharge the individual 8376
performing services;8377

       (xx) The individual performing services has the right to end 8378
the individual's relationship with the employer without incurring 8379
liability pursuant to an employment contract or agreement.8380

       (l) Service performed by an individual in the employ of an 8381
Indian tribe as defined by section 4(e) of the "Indian 8382
Self-Determination and Education Assistance Act," 88 Stat. 2204 8383
(1975), 25 U.S.C.A. 450b(e), including any subdivision, 8384
subsidiary, or business enterprise wholly owned by an Indian tribe 8385
provided that the service is excluded from employment as defined 8386
in the "Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26 8387
U.S.C.A. 3301 and 3306(c)(7) and is not excluded under division 8388
(B)(3) of this section.8389

       (3) "Employment" does not include the following services if 8390
they are found not subject to the "Federal Unemployment Tax Act," 8391
84 Stat. 713 (1970), 26 U.S.C.A. 3301 to 3311, and if the services 8392
are not required to be included under division (B)(2)(j) of this 8393
section:8394

       (a) Service performed after December 31, 1977, in 8395
agricultural labor, except as provided in division (A)(1)(d) of 8396
this section;8397

       (b) Domestic service performed after December 31, 1977, in a 8398
private home, local college club, or local chapter of a college 8399
fraternity or sorority except as provided in division (A)(1)(c) of 8400
this section;8401

       (c) Service performed after December 31, 1977, for this state 8402
or a political subdivision as described in division (B)(2)(a) of 8403
this section when performed:8404

       (i) As a publicly elected official;8405

       (ii) As a member of a legislative body, or a member of the 8406
judiciary;8407

       (iii) As a military member of the Ohio national guard;8408

       (iv) As an employee, not in the classified service as defined 8409
in section 124.11 of the Revised Code, serving on a temporary 8410
basis in case of fire, storm, snow, earthquake, flood, or similar 8411
emergency;8412

       (v) In a position which, under or pursuant to law, is 8413
designated as a major nontenured policymaking or advisory 8414
position, not in the classified service of the state, or a 8415
policymaking or advisory position the performance of the duties of 8416
which ordinarily does not require more than eight hours per week.8417

       (d) In the employ of any governmental unit or instrumentality 8418
of the United States;8419

       (e) Service performed after December 31, 1971:8420

       (i) Service in the employ of an educational institution or 8421
institution of higher education, including those operated by the 8422
state or a political subdivision, if such service is performed by 8423
a student who is enrolled and is regularly attending classes at 8424
the educational institution or institution of higher education; or8425

       (ii) By an individual who is enrolled at a nonprofit or 8426
public educational institution which normally maintains a regular 8427
faculty and curriculum and normally has a regularly organized body 8428
of students in attendance at the place where its educational 8429
activities are carried on as a student in a full-time program, 8430
taken for credit at the institution, which combines academic 8431
instruction with work experience, if the service is an integral 8432
part of the program, and the institution has so certified to the 8433
employer, provided that this subdivision shall not apply to 8434
service performed in a program established for or on behalf of an 8435
employer or group of employers.8436

       (f) Service performed by an individual in the employ of the 8437
individual's son, daughter, or spouse and service performed by a 8438
child under the age of eighteen in the employ of the child's 8439
father or mother;8440

       (g) Service performed for one or more principals by an 8441
individual who is compensated on a commission basis, who in the 8442
performance of the work is master of the individual's own time and 8443
efforts, and whose remuneration is wholly dependent on the amount 8444
of effort the individual chooses to expend, and which service is 8445
not subject to the "Federal Unemployment Tax Act," 53 Stat. 183 8446
(1939), 26 U.S.C.A. 3301 to 3311. Service performed after December 8447
31, 1971:8448

       (i) By an individual for an employer as an insurance agent or 8449
as an insurance solicitor, if all this service is performed for 8450
remuneration solely by way of commission;8451

       (ii) As a home worker performing work, according to 8452
specifications furnished by the employer for whom the services are 8453
performed, on materials or goods furnished by such employer which 8454
are required to be returned to the employer or to a person 8455
designated for that purpose.8456

       (h) Service performed after December 31, 1971:8457

       (i) In the employ of a church or convention or association of 8458
churches, or in an organization which is operated primarily for 8459
religious purposes and which is operated, supervised, controlled, 8460
or principally supported by a church or convention or association 8461
of churches;8462

       (ii) By a duly ordained, commissioned, or licensed minister 8463
of a church in the exercise of the individual's ministry or by a 8464
member of a religious order in the exercise of duties required by 8465
such order; or8466

       (iii) In a facility conducted for the purpose of carrying out 8467
a program of rehabilitation for individuals whose earning capacity 8468
is impaired by age or physical or mental deficiency or injury, or 8469
providing remunerative work for individuals who because of their 8470
impaired physical or mental capacity cannot be readily absorbed in 8471
the competitive labor market, by an individual receiving such 8472
rehabilitation or remunerative work.8473

       (i) Service performed after June 30, 1939, with respect to 8474
which unemployment compensation is payable under the "Railroad 8475
Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C. 351;8476

       (j) Service performed by an individual in the employ of any 8477
organization exempt from income tax under section 501 of the 8478
"Internal Revenue Code of 1954," if the remuneration for such 8479
service does not exceed fifty dollars in any calendar quarter, or 8480
if such service is in connection with the collection of dues or 8481
premiums for a fraternal beneficial society, order, or association 8482
and is performed away from the home office or is ritualistic 8483
service in connection with any such society, order, or 8484
association;8485

       (k) Casual labor not in the course of an employer's trade or 8486
business; incidental service performed by an officer, appraiser, 8487
or member of a finance committee of a bank, building and loan 8488
association, savings and loan association, or savings association 8489
when the remuneration for such incidental service exclusive of the 8490
amount paid or allotted for directors' fees does not exceed sixty 8491
dollars per calendar quarter is casual labor;8492

       (l) Service performed in the employ of a voluntary employees' 8493
beneficial association providing for the payment of life, 8494
sickness, accident, or other benefits to the members of such 8495
association or their dependents or their designated beneficiaries, 8496
if admission to a membership in such association is limited to 8497
individuals who are officers or employees of a municipal or public 8498
corporation, of a political subdivision of the state, or of the 8499
United States and no part of the net earnings of such association 8500
inures, other than through such payments, to the benefit of any 8501
private shareholder or individual;8502

       (m) Service performed by an individual in the employ of a 8503
foreign government, including service as a consular or other 8504
officer or employee or of a nondiplomatic representative;8505

       (n) Service performed in the employ of an instrumentality 8506
wholly owned by a foreign government if the service is of a 8507
character similar to that performed in foreign countries by 8508
employees of the United States or of an instrumentality thereof 8509
and if the director finds that the secretary of state of the 8510
United States has certified to the secretary of the treasury of 8511
the United States that the foreign government, with respect to 8512
whose instrumentality exemption is claimed, grants an equivalent 8513
exemption with respect to similar service performed in the foreign 8514
country by employees of the United States and of instrumentalities 8515
thereof;8516

       (o) Service with respect to which unemployment compensation 8517
is payable under an unemployment compensation system established 8518
by an act of congress;8519

       (p) Service performed as a student nurse in the employ of a 8520
hospital or a nurses' training school by an individual who is 8521
enrolled and is regularly attending classes in a nurses' training 8522
school chartered or approved pursuant to state law, and service 8523
performed as an intern in the employ of a hospital by an 8524
individual who has completed a four years' course in a medical 8525
school chartered or approved pursuant to state law;8526

       (q) Service performed by an individual under the age of 8527
eighteen in the delivery or distribution of newspapers or shopping 8528
news, not including delivery or distribution to any point for 8529
subsequent delivery or distribution;8530

       (r) Service performed in the employ of the United States or 8531
an instrumentality of the United States immune under the 8532
Constitution of the United States from the contributions imposed 8533
by this chapter, except that to the extent that congress permits 8534
states to require any instrumentalities of the United States to 8535
make payments into an unemployment fund under a state unemployment 8536
compensation act, this chapter shall be applicable to such 8537
instrumentalities and to services performed for such 8538
instrumentalities in the same manner, to the same extent, and on 8539
the same terms as to all other employers, individuals, and 8540
services, provided that if this state is not certified for any 8541
year by the proper agency of the United States under section 3304 8542
of the "Internal Revenue Code of 1954," the payments required of 8543
such instrumentalities with respect to such year shall be refunded 8544
by the director from the fund in the same manner and within the 8545
same period as is provided in division (E) of section 4141.09 of 8546
the Revised Code with respect to contributions erroneously 8547
collected;8548

       (s) Service performed by an individual as a member of a band 8549
or orchestra, provided such service does not represent the 8550
principal occupation of such individual, and which service is not 8551
subject to or required to be covered for full tax credit against 8552
the tax imposed by the "Federal Unemployment Tax Act," 53 Stat. 8553
183 (1939), 26 U.S.C.A. 3301 to 3311. 8554

       (t) Service performed in the employ of a day camp whose 8555
camping season does not exceed twelve weeks in any calendar year, 8556
and which service is not subject to the "Federal Unemployment Tax 8557
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311. Service 8558
performed after December 31, 1971:8559

       (i) In the employ of a hospital, if the service is performed 8560
by a patient of the hospital, as defined in division (W) of this 8561
section;8562

       (ii) For a prison or other correctional institution by an 8563
inmate of the prison or correctional institution;8564

       (iii) Service performed after December 31, 1977, by an inmate 8565
of a custodial institution operated by the state, a political 8566
subdivision, or a nonprofit organization.8567

       (u) Service that is performed by a nonresident alien 8568
individual for the period the individual temporarily is present in 8569
the United States as a nonimmigrant under division (F), (J), (M), 8570
or (Q) of section 101(a)(15) of the "Immigration and Nationality 8571
Act," 66 Stat. 163, 8 U.S.C.A. 1101, as amended, that is excluded 8572
under section 3306(c)(19) of the "Federal Unemployment Tax Act," 8573
53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311.8574

       (v) Notwithstanding any other provisions of division (B)(3) 8575
of this section, services that are excluded under divisions 8576
(B)(3)(g), (j), (k), and (l) of this section shall not be excluded 8577
from employment when performed for a nonprofit organization, as 8578
defined in division (X) of this section, or for this state or its 8579
instrumentalities, or for a political subdivision or its 8580
instrumentalities or for Indian tribes;8581

       (w) Service that is performed by an individual working as an 8582
election official or election worker if the amount of remuneration 8583
received by the individual during the calendar year for services 8584
as an election official or election worker is less than one 8585
thousand dollars;8586

       (x) Service performed for an elementary or secondary school 8587
that is operated primarily for religious purposes, that is 8588
described in subsection 501(c)(3) and exempt from federal income 8589
taxation under subsection 501(a) of the Internal Revenue Code, 26 8590
U.S.C.A. 501;8591

       (y) Service performed by a person committed to a penal 8592
institution.8593

       (z) Service performed for an Indian tribe as described in 8594
division (B)(2)(l) of this section when performed in any of the 8595
following manners:8596

       (i) As a publicly elected official;8597

       (ii) As a member of an Indian tribal council;8598

       (iii) As a member of a legislative or judiciary body;8599

       (iv) In a position which, pursuant to Indian tribal law, is 8600
designated as a major nontenured policymaking or advisory 8601
position, or a policymaking or advisory position where the 8602
performance of the duties ordinarily does not require more than 8603
eight hours of time per week;8604

       (v) As an employee serving on a temporary basis in the case 8605
of a fire, storm, snow, earthquake, flood, or similar emergency.8606

       (aa) Service performed after December 31, 1971, for a 8607
nonprofit organization, this state or its instrumentalities, a 8608
political subdivision or its instrumentalities, or an Indian tribe 8609
as part of an unemployment work-relief or work-training program 8610
assisted or financed in whole or in part by any federal agency or 8611
an agency of a state or political subdivision, thereof, by an 8612
individual receiving the work-relief or work-training.8613

       (bb) Participation in a learn to earn program as defined in 8614
section 4141.293 of the Revised Code.8615

       (4) If the services performed during one half or more of any 8616
pay period by an employee for the person employing that employee 8617
constitute employment, all the services of such employee for such 8618
period shall be deemed to be employment; but if the services 8619
performed during more than one half of any such pay period by an 8620
employee for the person employing that employee do not constitute 8621
employment, then none of the services of such employee for such 8622
period shall be deemed to be employment. As used in division 8623
(B)(4) of this section, "pay period" means a period, of not more 8624
than thirty-one consecutive days, for which payment of 8625
remuneration is ordinarily made to the employee by the person 8626
employing that employee. Division (B)(4) of this section does not 8627
apply to services performed in a pay period by an employee for the 8628
person employing that employee, if any of such service is excepted 8629
by division (B)(3)(o) of this section.8630

       (C) "Benefits" means money payments payable to an individual 8631
who has established benefit rights, as provided in this chapter, 8632
for loss of remuneration due to the individual's unemployment.8633

       (D) "Benefit rights" means the weekly benefit amount and the 8634
maximum benefit amount that may become payable to an individual 8635
within the individual's benefit year as determined by the 8636
director.8637

       (E) "Claim for benefits" means a claim for waiting period or 8638
benefits for a designated week.8639

       (F) "Additional claim" means the first claim for benefits 8640
filed following any separation from employment during a benefit 8641
year; "continued claim" means any claim other than the first claim 8642
for benefits and other than an additional claim.8643

       (G)(1) "Wages" means remuneration paid to an employee by each 8644
of the employee's employers with respect to employment; except 8645
that wages shall not include that part of remuneration paid during 8646
any calendar year to an individual by an employer or such 8647
employer's predecessor in interest in the same business or 8648
enterprise, which in any calendar year is in excess of eight 8649
thousand two hundred fifty dollars on and after January 1, 1992; 8650
eight thousand five hundred dollars on and after January 1, 1993; 8651
eight thousand seven hundred fifty dollars on and after January 1, 8652
1994; and nine thousand dollars on and after January 1, 1995. 8653
Remuneration in excess of such amounts shall be deemed wages 8654
subject to contribution to the same extent that such remuneration 8655
is defined as wages under the "Federal Unemployment Tax Act," 84 8656
Stat. 714 (1970), 26 U.S.C.A. 3301 to 3311, as amended. The 8657
remuneration paid an employee by an employer with respect to 8658
employment in another state, upon which contributions were 8659
required and paid by such employer under the unemployment 8660
compensation act of such other state, shall be included as a part 8661
of remuneration in computing the amount specified in this 8662
division.8663

       (2) Notwithstanding division (G)(1) of this section, if, as 8664
of the computation date for any calendar year, the director 8665
determines that the level of the unemployment compensation fund is 8666
sixty per cent or more below the minimum safe level as defined in 8667
section 4141.25 of the Revised Code, then, effective the first day 8668
of January of the following calendar year, wages subject to this 8669
chapter shall not include that part of remuneration paid during 8670
any calendar year to an individual by an employer or such 8671
employer's predecessor in interest in the same business or 8672
enterprise which is in excess of nine thousand dollars. The 8673
increase in the dollar amount of wages subject to this chapter 8674
under this division shall remain in effect from the date of the 8675
director's determination pursuant to division (G)(2) of this 8676
section and thereafter notwithstanding the fact that the level in 8677
the fund may subsequently become less than sixty per cent below 8678
the minimum safe level.8679

       (H)(1) "Remuneration" means all compensation for personal 8680
services, including commissions and bonuses and the cash value of 8681
all compensation in any medium other than cash, except that in the 8682
case of agricultural or domestic service, "remuneration" includes 8683
only cash remuneration. Gratuities customarily received by an 8684
individual in the course of the individual's employment from 8685
persons other than the individual's employer and which are 8686
accounted for by such individual to the individual's employer are 8687
taxable wages.8688

       The reasonable cash value of compensation paid in any medium 8689
other than cash shall be estimated and determined in accordance 8690
with rules prescribed by the director, provided that 8691
"remuneration" does not include:8692

       (a) Payments as provided in divisions (b)(2) to (b)(16)(20)8693
of section 3306 of the "Federal Unemployment Tax Act," 84 Stat. 8694
713, 26 U.S.C.A. 3301 to 3311, as amended;8695

       (b) The payment by an employer, without deduction from the 8696
remuneration of the individual in the employer's employ, of the 8697
tax imposed upon an individual in the employer's employ under 8698
section 3101 of the "Internal Revenue Code of 1954," with respect 8699
to services performed after October 1, 1941.8700

       (2) "Cash remuneration" means all remuneration paid in cash, 8701
including commissions and bonuses, but not including the cash 8702
value of all compensation in any medium other than cash.8703

       (I) "Interested party" means the director and any party to 8704
whom notice of a determination of an application for benefit 8705
rights or a claim for benefits is required to be given under 8706
section 4141.28 of the Revised Code.8707

       (J) "Annual payroll" means the total amount of wages subject 8708
to contributions during a twelve-month period ending with the last 8709
day of the second calendar quarter of any calendar year.8710

       (K) "Average annual payroll" means the average of the last 8711
three annual payrolls of an employer, provided that if, as of any 8712
computation date, the employer has had less than three annual 8713
payrolls in such three-year period, such average shall be based on 8714
the annual payrolls which the employer has had as of such date.8715

       (L)(1) "Contributions" means the money payments to the state 8716
unemployment compensation fund required of employers by section 8717
4141.25 of the Revised Code and of the state and any of its 8718
political subdivisions electing to pay contributions under section 8719
4141.242 of the Revised Code. Employers paying contributions shall 8720
be described as "contributory employers."8721

       (2) "Payments in lieu of contributions" means the money 8722
payments to the state unemployment compensation fund required of 8723
reimbursing employers under sections 4141.241 and 4141.242 of the 8724
Revised Code.8725

       (M) An individual is "totally unemployed" in any week during 8726
which the individual performs no services and with respect to such 8727
week no remuneration is payable to the individual.8728

       (N) An individual is "partially unemployed" in any week if, 8729
due to involuntary loss of work, the total remuneration payable to 8730
the individual for such week is less than the individual's weekly 8731
benefit amount.8732

       (O) "Week" means the calendar week ending at midnight 8733
Saturday unless an equivalent week of seven consecutive calendar 8734
days is prescribed by the director.8735

       (1) "Qualifying week" means any calendar week in an 8736
individual's base period with respect to which the individual 8737
earns or is paid remuneration in employment subject to this 8738
chapter. A calendar week with respect to which an individual earns 8739
remuneration but for which payment was not made within the base 8740
period, when necessary to qualify for benefit rights, may be 8741
considered to be a qualifying week. The number of qualifying weeks 8742
which may be established in a calendar quarter shall not exceed 8743
the number of calendar weeks in the quarter.8744

       (2) "Average weekly wage" means the amount obtained by 8745
dividing an individual's total remuneration for all qualifying 8746
weeks during the base period by the number of such qualifying 8747
weeks, provided that if the computation results in an amount that 8748
is not a multiple of one dollar, such amount shall be rounded to 8749
the next lower multiple of one dollar.8750

       (P) "Weekly benefit amount" means the amount of benefits an 8751
individual would be entitled to receive for one week of total 8752
unemployment.8753

       (Q)(1) "Base period" means the first four of the last five 8754
completed calendar quarters immediately preceding the first day of 8755
an individual's benefit year, except as provided in division 8756
(Q)(2) of this section.8757

       (2) If an individual does not have sufficient qualifying 8758
weeks and wages in the base period to qualify for benefit rights, 8759
the individual's base period shall be the four most recently 8760
completed calendar quarters preceding the first day of the 8761
individual's benefit year. Such base period shall be known as the 8762
"alternate base period." If information as to weeks and wages for 8763
the most recent quarter of the alternate base period is not 8764
available to the director from the regular quarterly reports of 8765
wage information, which are systematically accessible, the 8766
director may, consistent with the provisions of section 4141.28 of 8767
the Revised Code, base the determination of eligibility for 8768
benefits on the affidavit of the claimant with respect to weeks 8769
and wages for that calendar quarter. The claimant shall furnish 8770
payroll documentation, where available, in support of the 8771
affidavit. The determination based upon the alternate base period 8772
as it relates to the claimant's benefit rights, shall be amended 8773
when the quarterly report of wage information from the employer is 8774
timely received and that information causes a change in the 8775
determination. As provided in division (B) of section 4141.28 of 8776
the Revised Code, any benefits paid and charged to an employer's 8777
account, based upon a claimant's affidavit, shall be adjusted 8778
effective as of the beginning of the claimant's benefit year. No 8779
calendar quarter in a base period or alternate base period shall 8780
be used to establish a subsequent benefit year.8781

       (3) The "base period" of a combined wage claim, as described 8782
in division (H) of section 4141.43 of the Revised Code, shall be 8783
the base period prescribed by the law of the state in which the 8784
claim is allowed.8785

       (4) For purposes of determining the weeks that comprise a 8786
completed calendar quarter under this division, only those weeks 8787
ending at midnight Saturday within the calendar quarter shall be 8788
utilized.8789

       (R)(1) "Benefit year" with respect to an individual means the 8790
fifty-two week period beginning with the first day of that week 8791
with respect to which the individual first files a valid 8792
application for determination of benefit rights, and thereafter 8793
the fifty-two week period beginning with the first day of that 8794
week with respect to which the individual next files a valid 8795
application for determination of benefit rights after the 8796
termination of the individual's last preceding benefit year, 8797
except that the application shall not be considered valid unless 8798
the individual has had employment in six weeks that is subject to 8799
this chapter or the unemployment compensation act of another 8800
state, or the United States, and has, since the beginning of the 8801
individual's previous benefit year, in the employment earned three 8802
times the average weekly wage determined for the previous benefit 8803
year. The "benefit year" of a combined wage claim, as described in 8804
division (H) of section 4141.43 of the Revised Code, shall be the 8805
benefit year prescribed by the law of the state in which the claim 8806
is allowed. Any application for determination of benefit rights 8807
made in accordance with section 4141.28 of the Revised Code is 8808
valid if the individual filing such application is unemployed, has 8809
been employed by an employer or employers subject to this chapter 8810
in at least twenty qualifying weeks within the individual's base 8811
period, and has earned or been paid remuneration at an average 8812
weekly wage of not less than twenty-seven and one-half per cent of 8813
the statewide average weekly wage for such weeks. For purposes of 8814
determining whether an individual has had sufficient employment 8815
since the beginning of the individual's previous benefit year to 8816
file a valid application, "employment" means the performance of 8817
services for which remuneration is payable.8818

       (2) Effective for benefit years beginning on and after 8819
December 26, 2004, any application for determination of benefit 8820
rights made in accordance with section 4141.28 of the Revised Code 8821
is valid if the individual satisfies the criteria described in 8822
division (R)(1) of this section, and if the reason for the 8823
individual's separation from employment is not disqualifying 8824
pursuant to division (D)(2) of section 4141.29 or section 4141.291 8825
of the Revised Code. A disqualification imposed pursuant to 8826
division (D)(2) of section 4141.29 or section 4141.291 of the 8827
Revised Code must be removed as provided in those sections as a 8828
requirement of establishing a valid application for benefit years 8829
beginning on and after December 26, 2004.8830

       (3) The statewide average weekly wage shall be calculated by 8831
the director once a year based on the twelve-month period ending 8832
the thirtieth day of June, as set forth in division (B)(3) of 8833
section 4141.30 of the Revised Code, rounded down to the nearest 8834
dollar. Increases or decreases in the amount of remuneration 8835
required to have been earned or paid in order for individuals to 8836
have filed valid applications shall become effective on Sunday of 8837
the calendar week in which the first day of January occurs that 8838
follows the twelve-month period ending the thirtieth day of June 8839
upon which the calculation of the statewide average weekly wage 8840
was based.8841

       (4) As used in this division, an individual is "unemployed" 8842
if, with respect to the calendar week in which such application is 8843
filed, the individual is "partially unemployed" or "totally 8844
unemployed" as defined in this section or if, prior to filing the 8845
application, the individual was separated from the individual's 8846
most recent work for any reason which terminated the individual's 8847
employee-employer relationship, or was laid off indefinitely or 8848
for a definite period of seven or more days.8849

       (S) "Calendar quarter" means the period of three consecutive 8850
calendar months ending on the thirty-first day of March, the 8851
thirtieth day of June, the thirtieth day of September, and the 8852
thirty-first day of December, or the equivalent thereof as the 8853
director prescribes by rule.8854

       (T) "Computation date" means the first day of the third 8855
calendar quarter of any calendar year.8856

       (U) "Contribution period" means the calendar year beginning 8857
on the first day of January of any year.8858

       (V) "Agricultural labor," for the purpose of this division, 8859
means any service performed prior to January 1, 1972, which was 8860
agricultural labor as defined in this division prior to that date, 8861
and service performed after December 31, 1971:8862

       (1) On a farm, in the employ of any person, in connection 8863
with cultivating the soil, or in connection with raising or 8864
harvesting any agricultural or horticultural commodity, including 8865
the raising, shearing, feeding, caring for, training, and 8866
management of livestock, bees, poultry, and fur-bearing animals 8867
and wildlife;8868

       (2) In the employ of the owner or tenant or other operator of 8869
a farm in connection with the operation, management, conservation, 8870
improvement, or maintenance of such farm and its tools and 8871
equipment, or in salvaging timber or clearing land of brush and 8872
other debris left by hurricane, if the major part of such service 8873
is performed on a farm;8874

       (3) In connection with the production or harvesting of any 8875
commodity defined as an agricultural commodity in section 15 (g) 8876
of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12 8877
U.S.C. 1141j, as amended, or in connection with the ginning of 8878
cotton, or in connection with the operation or maintenance of 8879
ditches, canals, reservoirs, or waterways, not owned or operated 8880
for profit, used exclusively for supplying and storing water for 8881
farming purposes;8882

       (4) In the employ of the operator of a farm in handling, 8883
planting, drying, packing, packaging, processing, freezing, 8884
grading, storing, or delivering to storage or to market or to a 8885
carrier for transportation to market, in its unmanufactured state, 8886
any agricultural or horticultural commodity, but only if the 8887
operator produced more than one half of the commodity with respect 8888
to which such service is performed;8889

       (5) In the employ of a group of operators of farms, or a 8890
cooperative organization of which the operators are members, in 8891
the performance of service described in division (V)(4) of this 8892
section, but only if the operators produced more than one-half of 8893
the commodity with respect to which the service is performed;8894

       (6) Divisions (V)(4) and (5) of this section shall not be 8895
deemed to be applicable with respect to service performed:8896

       (a) In connection with commercial canning or commercial 8897
freezing or in connection with any agricultural or horticultural 8898
commodity after its delivery to a terminal market for distribution 8899
for consumption; or8900

       (b) On a farm operated for profit if the service is not in 8901
the course of the employer's trade or business.8902

       As used in division (V) of this section, "farm" includes 8903
stock, dairy, poultry, fruit, fur-bearing animal, and truck farms, 8904
plantations, ranches, nurseries, ranges, greenhouses, or other 8905
similar structures used primarily for the raising of agricultural 8906
or horticultural commodities and orchards.8907

       (W) "Hospital" means an institution which has been registered 8908
or licensed by the Ohio department of health as a hospital.8909

       (X) "Nonprofit organization" means an organization, or group 8910
of organizations, described in section 501(c)(3) of the "Internal 8911
Revenue Code of 1954," and exempt from income tax under section 8912
501(a) of that code.8913

       (Y) "Institution of higher education" means a public or 8914
nonprofit educational institution, including an educational 8915
institution operated by an Indian tribe, which:8916

       (1) Admits as regular students only individuals having a 8917
certificate of graduation from a high school, or the recognized 8918
equivalent;8919

       (2) Is legally authorized in this state or by the Indian 8920
tribe to provide a program of education beyond high school; and8921

       (3) Provides an educational program for which it awards a 8922
bachelor's or higher degree, or provides a program which is 8923
acceptable for full credit toward such a degree, a program of 8924
post-graduate or post-doctoral studies, or a program of training 8925
to prepare students for gainful employment in a recognized 8926
occupation.8927

       For the purposes of this division, all colleges and 8928
universities in this state are institutions of higher education.8929

       (Z) For the purposes of this chapter, "states" includes the 8930
District of Columbia, the Commonwealth of Puerto Rico, and the 8931
Virgin Islands.8932

       (AA) "Alien" means, for the purposes of division (A)(1)(d) of 8933
this section, an individual who is an alien admitted to the United 8934
States to perform service in agricultural labor pursuant to 8935
sections 214 (c) and 101 (a)(15)(H) of the "Immigration and 8936
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101.8937

       (BB)(1) "Crew leader" means an individual who furnishes 8938
individuals to perform agricultural labor for any other employer 8939
or farm operator, and:8940

       (a) Pays, either on the individual's own behalf or on behalf 8941
of the other employer or farm operator, the individuals so 8942
furnished by the individual for the service in agricultural labor 8943
performed by them;8944

       (b) Has not entered into a written agreement with the other 8945
employer or farm operator under which the agricultural worker is 8946
designated as in the employ of the other employer or farm 8947
operator.8948

       (2) For the purposes of this chapter, any individual who is a 8949
member of a crew furnished by a crew leader to perform service in 8950
agricultural labor for any other employer or farm operator shall 8951
be treated as an employee of the crew leader if:8952

       (a) The crew leader holds a valid certificate of registration 8953
under the "Farm Labor Contractor Registration Act of 1963," 90 8954
Stat. 2668, 7 U.S.C. 2041; or8955

       (b) Substantially all the members of the crew operate or 8956
maintain tractors, mechanized harvesting or crop-dusting 8957
equipment, or any other mechanized equipment, which is provided by 8958
the crew leader; and8959

       (c) If the individual is not in the employment of the other 8960
employer or farm operator within the meaning of division (B)(1) of 8961
this section.8962

       (3) For the purposes of this division, any individual who is 8963
furnished by a crew leader to perform service in agricultural 8964
labor for any other employer or farm operator and who is not 8965
treated as in the employment of the crew leader under division 8966
(BB)(2) of this section shall be treated as the employee of the 8967
other employer or farm operator and not of the crew leader. The 8968
other employer or farm operator shall be treated as having paid 8969
cash remuneration to the individual in an amount equal to the 8970
amount of cash remuneration paid to the individual by the crew 8971
leader, either on the crew leader's own behalf or on behalf of the 8972
other employer or farm operator, for the service in agricultural 8973
labor performed for the other employer or farm operator.8974

       (CC) "Educational institution" means an institution other 8975
than an institution of higher education as defined in division (Y) 8976
of this section, including an educational institution operated by 8977
an Indian tribe, which:8978

       (1) Offers participants, trainees, or students an organized 8979
course of study or training designed to transfer to them 8980
knowledge, skills, information, doctrines, attitudes, or abilities 8981
from, by, or under the guidance of an instructor or teacher; and8982

       (2) Is approved, chartered, or issued a permit to operate as 8983
a school by the state board of education, other government agency, 8984
or Indian tribe that is authorized within the state to approve, 8985
charter, or issue a permit for the operation of a school.8986

       For the purposes of this division, the courses of study or 8987
training which the institution offers may be academic, technical, 8988
trade, or preparation for gainful employment in a recognized 8989
occupation.8990

       (DD) "Cost savings day" means any unpaid day off from work in 8991
which employees continue to accrue employee benefits which have a 8992
determinable value including, but not limited to, vacation, 8993
pension contribution, sick time, and life and health insurance.8994

       Sec. 4141.09.  (A) There is hereby created an unemployment 8995
compensation fund to be administered by the state without 8996
liability on the part of the state beyond the amounts paid into 8997
the fund and earned by the fund. The unemployment compensation 8998
fund shall consist of all contributions, payments in lieu of 8999
contributions described in sections 4141.241 and 4141.242 of the 9000
Revised Code, reimbursements of the federal share of extended 9001
benefits described in section 4141.301 of the Revised Code, 9002
collected under sections 4141.01 to 4141.56 of the Revised Code, 9003
and the amount required under division (A)(4) of section 4141.35 9004
of the Revised Code, together with all interest earned upon any 9005
moneys deposited with the secretary of the treasury of the United 9006
States to the credit of the account of this state in the 9007
unemployment trust fund established and maintained pursuant to 9008
section 904 of the "Social Security Act," any property or 9009
securities acquired through the use of moneys belonging to the 9010
fund, and all earnings of such property or securities. The 9011
unemployment compensation fund shall be used to pay benefits, 9012
shared work compensation as defined in section 4141.50 of the 9013
Revised Code, and refunds as provided by such sections and for no 9014
other purpose.9015

       (B) The treasurer of state shall be the custodian of the 9016
unemployment compensation fund and shall administer such fund in 9017
accordance with the directions of the director of job and family 9018
services. All disbursements therefrom shall be paid by the 9019
treasurer of state on warrants drawn by the director. Such 9020
warrants may bear the facsimile signature of the director printed 9021
thereon and that of a deputy or other employee of the director 9022
charged with the duty of keeping the account of the unemployment 9023
compensation fund and with the preparation of warrants for the 9024
payment of benefits to the persons entitled thereto. Moneys in the 9025
clearing and benefit accounts shall not be commingled with other 9026
state funds, except as provided in division (C) of this section, 9027
but shall be maintained in separate accounts on the books of the 9028
depositary bank. Such money shall be secured by the depositary 9029
bank to the same extent and in the same manner as required by 9030
sections 135.01 to 135.21 of the Revised Code; and collateral 9031
pledged for this purpose shall be kept separate and distinct from 9032
any collateral pledged to secure other funds of this state. All 9033
sums recovered for losses sustained by the unemployment 9034
compensation fund shall be deposited therein. The treasurer of 9035
state shall be liable on the treasurer's official bond for the 9036
faithful performance of the treasurer's duties in connection with 9037
the unemployment compensation fund, such liability to exist in 9038
addition to any liability upon any separate bond.9039

       (C) The treasurer of state shall maintain within the 9040
unemployment compensation fund three separate accounts which shall 9041
be a clearing account, a trust fund account, and a benefit 9042
account. All moneys payable to the unemployment compensation fund, 9043
upon receipt by the director, shall be forwarded to the treasurer 9044
of state, who shall immediately deposit them in the clearing 9045
account. Refunds of contributions, or payments in lieu of 9046
contributions, payable pursuant to division (E) of this section 9047
may be paid from the clearing account upon warrants signed by a 9048
deputy or other employee of the director charged with the duty of 9049
keeping the record of the clearing account and with the 9050
preparation of warrants for the payment of refunds to persons 9051
entitled thereto. After clearance thereof, all moneys in the 9052
clearing account shall be deposited with the secretary of the 9053
treasury of the United States to the credit of the account of this 9054
state in the unemployment trust fund established and maintained 9055
pursuant to section 904 of the "Social Security Act," in 9056
accordance with requirements of the "Federal Unemployment Tax 9057
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301, 3304(a)(3), any law 9058
in this state relating to the deposit, administration, release, or 9059
disbursement of moneys in the possession or custody of this state 9060
to the contrary notwithstanding. The benefit account shall consist 9061
of all moneys requisitioned from this state's account in the 9062
unemployment trust fund. Federal funds may be deposited, at the 9063
director's discretion, into the benefit account. Any funds 9064
deposited into the benefit account shall be disbursed solely for 9065
payment of benefits under a federal program administered by this 9066
state and for no other purpose. Moneys in the clearing and benefit 9067
accounts may be deposited by the treasurer of state, under the 9068
direction of the director, in any bank or public depositary in 9069
which general funds of the state may be deposited, but no public 9070
deposit insurance charge or premium shall be paid out of the fund.9071

       (D) Moneys shall be requisitioned from this state's account 9072
in the unemployment trust fund solely for the payment of benefits 9073
and in accordance with regulations prescribed by the director. The 9074
director shall requisition from the unemployment trust fund such 9075
amounts, not exceeding the amount standing to this state's account 9076
therein, as are deemed necessary for the payment of benefits for a 9077
reasonable future period. Upon receipt thereof, the treasurer of 9078
state shall deposit such moneys in the benefit account. 9079
Expenditures of such money in the benefit account and refunds from 9080
the clearing account shall not require specific appropriations or 9081
other formal release by state officers of money in their custody. 9082
Any balance of moneys requisitioned from the unemployment trust 9083
fund which remains unclaimed or unpaid in the benefit account 9084
after the expiration of the period for which such sums were 9085
requisitioned shall either be deducted from estimates for and may 9086
be utilized for the payment of benefits during succeeding periods, 9087
or, in the discretion of the director, shall be redeposited with 9088
the secretary of the treasury of the United States to the credit 9089
of this state's account in the unemployment trust fund, as 9090
provided in division (C) of this section. Unclaimed or unpaid 9091
federal funds redeposited with the secretary of the treasury of 9092
the United States shall be credited to the appropriate federal 9093
account.9094

       (E) No claim for an adjustment or a refund on contribution, 9095
payment in lieu of contributions, interest, or forfeiture alleged 9096
to have been erroneously or illegally assessed or collected, or 9097
alleged to have been collected without authority, and no claim for 9098
an adjustment or a refund of any sum alleged to have been 9099
excessive or in any manner wrongfully collected shall be allowed 9100
unless an application, in writing, therefor is made within four 9101
years from the date on which such payment was made. If the 9102
director determines that such contribution, payment in lieu of 9103
contributions, interest, or forfeiture, or any portion thereof, 9104
was erroneously collected, the director shall allow such employer 9105
to make an adjustment thereof without interest in connection with 9106
subsequent contribution payments, or payments in lieu of 9107
contributions, by the employer, or the director may refund said 9108
amount, without interest, from the clearing account of the 9109
unemployment compensation fund, except as provided in division (B) 9110
of section 4141.11 of the Revised Code. For like cause and within 9111
the same period, adjustment or refund may be so made on the 9112
director's own initiative. An overpayment of contribution, payment 9113
in lieu of contributions, interest, or forfeiture for which an 9114
employer has not made application for refund prior to the date of 9115
sale of the employer's business shall accrue to the employer's 9116
successor in interest.9117

       An application for an adjustment or a refund, or any portion 9118
thereof, that is rejected is binding upon the employer unless, 9119
within thirty days after the mailing of a written notice of 9120
rejection to the employer's last known address, or, in the absence 9121
of mailing of such notice, within thirty days after the delivery 9122
of such notice, the employer files an application for a review and 9123
redetermination setting forth the reasons therefor. The director 9124
shall promptly examine the application for review and 9125
redetermination, and if a review is granted, the employer shall be 9126
promptly notified thereof, and shall be granted an opportunity for 9127
a prompt hearing.9128

       (F) If the director finds that contributions have been paid 9129
to the director in error, and that such contributions should have 9130
been paid to a department of another state or of the United States 9131
charged with the administration of an unemployment compensation 9132
law, the director may upon request by such department or upon the 9133
director's own initiative transfer to such department the amount 9134
of such contributions, less any benefits paid to claimants whose 9135
wages were the basis for such contributions. The director may 9136
request and receive from such department any contributions or 9137
adjusted contributions paid in error to such department which 9138
should have been paid to the director.9139

       (G) In accordance with section 303(c)(3) of the Social 9140
Security Act, and section 3304(a)(17) of the Internal Revenue Code 9141
of 1954 for continuing certification of Ohio unemployment 9142
compensation laws for administrative grants and for tax credits, 9143
any interest required to be paid on advances under Title XII of 9144
the Social Security Act shall be paid in a timely manner and shall 9145
not be paid, directly or indirectly, by an equivalent reduction in 9146
the Ohio unemployment taxes or otherwise, by the state from 9147
amounts in the unemployment compensation fund.9148

       (H) The treasurer of state, under the direction of the 9149
director and in accordance with the "Cash Management Improvement 9150
Act of 1990," 104 Stat. 1061, 31 U.S.C.A. 335, 6503, shall deposit 9151
amounts of interest earned by the state on funds in the benefit 9152
account established pursuant to division (C) of this section into 9153
the department of job and family services banking fees fund, which 9154
is hereby created in the state treasury for the purpose of paying 9155
related banking costs incurred by the state for the period for 9156
which the interest is calculated, except that if the deposited 9157
interest exceeds the banking costs incurred by the state for the 9158
period for which the interest is calculated, the treasurer of 9159
state shall deposit the excess interest into the unemployment 9160
trust fund.9161

       (I) The treasurer of state, under the direction of the 9162
director, shall deposit federal funds received by the director for 9163
training and administration and for payment of benefits, job 9164
search, relocation, transportation, and subsistence allowances 9165
pursuant to the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 9166
2101, as amended; the "North American Free Trade Agreement 9167
Implementation Act," 107 Stat. 2057 (1993), 19 U.S.C.A. 3301, as 9168
amended; and the "Trade Act of 2002," 116 Stat. 993, 19 U.S.C.A. 9169
3801, as amended, into the Trade Act training and administration 9170
account, which is hereby created for the purpose of making 9171
payments specified under those acts. The treasurer of state, under 9172
the direction of the director, may transfer funds from the Trade 9173
Act training and administration account to the benefit account for 9174
the purpose of making any payments directly to claimants for 9175
benefits, job search, relocation, transportation, and subsistence 9176
allowances, as specified by those acts.9177

       Sec. 4141.11.  There is hereby created in the state treasury 9178
the unemployment compensation special administrative fund. The 9179
fund shall consist of all interest collected on delinquent 9180
contributions pursuant to this chapter, all fines and forfeitures 9181
collected under this chapter, all money received from the sale of 9182
real property under section 4141.131 of the Revised Code, the 9183
amount required under division (A)(4) of section 4141.35 of the 9184
Revised Code, and all court costs and interest paid or collected 9185
in connection with the repayment of fraudulently obtained benefits 9186
pursuant to section 4141.35 of the Revised Code. All interest 9187
earned on the money in the fund shall be retained in the fund and 9188
shall not be credited or transferred to any other fund or account, 9189
except as provided in division (B) of this section. All moneys 9190
which are deposited or paid into this fund may be used by:9191

       (A) The director of job and family services whenever it 9192
appears that such use is necessary for:9193

       (1) The proper administration of this chapter and no federal 9194
funds are available for the specific purpose for which the 9195
expenditure is to be made, provided the moneys are not substituted 9196
for appropriations from federal funds, which in the absence of 9197
such moneys would be available;9198

       (2) The proper administration of this chapter for which 9199
purpose appropriations from federal funds have been requested and 9200
approved but not received, provided the fund would be reimbursed 9201
upon receipt of the federal appropriation;9202

       (3) To the extent possible, the repayment to the unemployment 9203
compensation administration fund of moneys found by the proper 9204
agency of the United States to have been lost or expended for 9205
purposes other than, or an amount in excess of, those found 9206
necessary by the proper agency of the United States for the 9207
administration of this chapter.9208

       (B) The director or the director's deputy whenever it appears 9209
that such use is necessary for the payment of refunds or 9210
adjustments of interest, fines, forfeitures, or court costs 9211
erroneously collected and paid into this fund pursuant to this 9212
chapter.9213

       (C) The director, to pay state disaster unemployment benefits 9214
pursuant to section 4141.292 of the Revised Code. 9215

       (D) The director, to pay any costs attributable to the 9216
director that are associated with the sale of real property under 9217
section 4141.131 of the Revised Code. 9218

       Whenever the balance in the unemployment compensation special 9219
administrative fund is considered to be excessive by the director, 9220
the director shall request the director of budget and management 9221
to transfer to the unemployment compensation fund the amount 9222
considered to be excessive. Any balance in the unemployment 9223
compensation special administrative fund shall not lapse at any 9224
time, but shall be continuously available to the director of job 9225
and family services for expenditures consistent with this chapter.9226

       Sec. 4141.131. (A) The director of job and family services 9227
may enter into contracts for the sale of real property no longer 9228
needed by the director for the operations of the director under 9229
this title. Any costs attributable to the director that are 9230
associated with the sale of real property under this section shall 9231
be paid out of the unemployment compensation special 9232
administrative fund established pursuant to section 4141.11 of the 9233
Revised Code. The director shall submit a report summarizing the 9234
use of that fund for the purpose of this section at least annually 9235
to the unemployment compensation advisory council as prescribed by 9236
the council.9237

       (B)(1) Earnest moneys from the sale of real property pursuant 9238
to division (A) of this section shall be deposited into the 9239
department of job and family services building consolidation fund, 9240
which is hereby created in the state treasury. The balance of the 9241
purchase price shall be deposited into the department of job and 9242
family services building enhancement fund, which is hereby created 9243
in the state treasury. The building enhancement fund shall retain 9244
its own interest. Upon completion of the sale and the request of 9245
the director, the treasurer of state shall transfer the earnest 9246
moneys in the building consolidation fund into the building 9247
enhancement fund. The director shall use the interest earned on 9248
the moneys in the building enhancement fund only in accordance 9249
with division (C) of this section.9250

       (2) The director shall deposit sufficient moneys from the 9251
sale of real property pursuant to division (A) of this section 9252
into the unemployment compensation special administrative fund to 9253
reimburse the fund for all costs associated with the sale of that 9254
real property.9255

       (C) The director shall use the moneys in the building 9256
enhancement fund from the sale of real property pursuant to 9257
division (A) of this section, less the costs of the sale as 9258
specified in division (B)(2) of this section, in accordance with 9259
the provisions and requirements of the "Social Security Act," 49 9260
Stat. 626 (1935), 52 U.S.C. 502(a) and 1103(c)(2), and the 9261
instructions of the United States department of labor, to improve 9262
buildings owned by or under the control of the director. If the 9263
director determines that there are no buildings for which money in 9264
the building enhancement fund may be used, the money shall be 9265
returned to the United States department of labor.9266

       (D) The auditor of state, with the assistance of the attorney 9267
general, shall prepare a deed to the real property being sold upon 9268
notice from the director that a contract for the sale of that 9269
property has been executed in accordance with this section. The 9270
deed shall state the consideration and any conditions placed upon 9271
the sale. The deed shall be executed by the governor in the name 9272
of the state, countersigned by the secretary of state, sealed with 9273
the great seal of the state, presented in the office of the 9274
auditor of state for recording, and delivered to the buyer upon 9275
payment of the balance of the purchase price.9276

       The buyer shall present the deed for recording in the county 9277
recorder's office of the county in which the real property is 9278
located.9279

       Sec. 4141.20.  (A) Every employer, including those not 9280
otherwise subject to this chapter, shall furnish the director of 9281
job and family services upon request all information required by 9282
the director to carry out the requirements of this chapter. Every 9283
employer receiving from the director any blank with direction to 9284
fill it out shall cause it to be properly filled out, in the 9285
manner prescribed by the director, so as to answer fully and 9286
correctly all questions therein propounded, and shall furnish all 9287
the information therein sought, or, if unable to do so, that 9288
employer shall give the director in writing good and sufficient 9289
reason for such failure.9290

       The director may require that such information be verified 9291
under oath and returned to the director within the period fixed by 9292
the director or by law. The director or any person employed by the 9293
director for that purpose may examine under oath any such 9294
employer, or the officer, agent, or employee of that employer, for 9295
the purpose of ascertaining any information that the employer is 9296
required by this chapter to furnish to the director. Any employer 9297
who fails to furnish information as is required by the director 9298
under authority of this section shall forfeit five hundred dollars 9299
to be collected in a civil action brought against the employer in 9300
the name of the state.9301

       (B) Effective with the calendar quarter beginning April 1, 9302
1987, every contributory employer shall file a quarterly 9303
contribution report and a quarterly report of wages. The quarterly 9304
reports shall be filed no later than the last day of the first 9305
month following the close of the calendar quarter for which the 9306
quarterly reports are being filed. The employer shall enter on the 9307
quarterly contribution report the total and taxable remuneration 9308
paid to all employees during the quarter. The employer shall enter 9309
on the quarterly report of wages the name and social security 9310
number of each individual employed during the calendar quarter, 9311
the total remuneration paid the individual, the number of weeks 9312
during the quarter for which the individual was paid remuneration, 9313
and any other information as required by section 1137 of the 9314
"Social Security Act."9315

       Effective until the calendar quarter beginning January 1, 9316
1993, in case of failure to file the quarterly contribution report 9317
or the report of wages containing all the required contribution 9318
and wage information within the time prescribed by this section, 9319
there shall be assessed a forfeiture amounting to ten per cent of 9320
the contributions due; provided such forfeiture shall not be less 9321
than twenty-five nor more than two hundred fifty dollars. The 9322
director may waive the forfeiture only with respect to the report 9323
of wages, and the waiver may be approved only if the employer 9324
shows good cause for failure to file the required information.9325

       Effective with the calendar quarter beginning January 1, 9326
1993, in case of failure to file the quarterly contribution report 9327
containing all the required information within the time prescribed 9328
by this section, there shall be assessed a forfeiture amounting to 9329
twenty-five one-hundredths of one per cent of the total 9330
remuneration paid by the employer, provided such forfeiture shall 9331
not be less than thirty nor more than five hundred dollars per 9332
quarterly contribution report. The director may waive the 9333
forfeiture only if the employer provides to the director a written 9334
statement showing good cause for failure to file the required 9335
quarterly contribution report.9336

       Effective with the calendar quarter beginning January 1, 9337
1993, in case of failure to file the quarterly report of wages 9338
containing all the required information within the time prescribed 9339
by this section, there shall be assessed a forfeiture amounting to 9340
twenty-five one-hundredths of one per cent of the total 9341
remuneration paid by the employer, provided such forfeiture shall 9342
be not less than thirty nor more than five hundred dollars per 9343
quarterly report of wages. The director may waive the forfeiture 9344
only if the employer provides to the director a written statement 9345
showing good cause for failure to file the required quarterly 9346
report of wages.9347

       (C) Effective with the calendar quarter beginning April 1, 9348
1987, every employer liable for payments in lieu of contributions 9349
shall file a quarterly payroll report and a quarterly report of 9350
wages. The employer shall file the quarterly reports no later than 9351
the last day of the first month following the close of the 9352
calendar quarter for which the quarterly reports are being filed. 9353
The employer shall enter on the quarterly payroll report the total 9354
remuneration paid to all employees during the quarter and the 9355
total wages that would have been taxable had the employer been 9356
subject to contributions. The employer shall enter on the 9357
quarterly report of wages the name and social security number of 9358
each individual employed during the calendar quarter, the total 9359
remuneration paid the individual, the number of weeks during the 9360
quarter for which the individual was paid remuneration, and any 9361
other information as required by section 1137 of the "Social 9362
Security Act."9363

       Effective until the calendar quarter beginning January 1, 9364
1993, in case of failure to file the quarterly payroll report or 9365
the report of wages containing all of the required payroll or wage 9366
information within the time prescribed by this section, the 9367
employer shall be assessed a forfeiture of twenty-five dollars per 9368
report. The director may waive the forfeiture only with respect to 9369
the report of wages, and such waiver may be approved only if the 9370
employer shows good cause for failure to file the required 9371
information.9372

       Effective with the calendar quarter beginning January 1, 9373
1993, in case of failure to file the quarterly payroll report 9374
containing all the required wage information within the time 9375
prescribed by this section, the employer shall be assessed a 9376
forfeiture amounting to twenty-five one-hundredths of one per cent 9377
of the total remuneration paid by the employer, provided such 9378
forfeiture shall not be less than thirty nor more than five 9379
hundred dollars per quarterly payroll report. The director may 9380
waive the forfeiture only if the employer provides to the director 9381
a written statement showing good cause for failure to file the 9382
required quarterly payroll report.9383

       Effective with the calendar quarter beginning January 1, 9384
1993, in case of failure to file the quarterly report of wages 9385
containing all the required information within the time prescribed 9386
by this section, there shall be assessed a forfeiture amounting to 9387
twenty-five one-hundredths of one per cent of the total 9388
remuneration paid by the employer, provided such forfeiture shall 9389
be not less than thirty nor more than five hundred dollars per 9390
quarterly report of wages. The director may waive the forfeiture 9391
only if the employer provides to the director a written statement 9392
showing good cause for failure to file the required quarterly 9393
report of wages.9394

       (D) Effective with the calendar quarter beginning January 1, 9395
2002, everyEvery contributory employer shall file a quarterly 9396
contribution and wage report. The quarterly report shall be filed 9397
not later than the last day of the first month following the close 9398
of the calendar quarter for which the quarterly report is being 9399
filed. The employer shall enter on the quarterly report the total 9400
and taxable remuneration paid to all employees during the quarter, 9401
the name and social security number of each individual employed 9402
during the calendar quarter, the total remuneration paid the 9403
individual, the number of weeks during the quarter for which the 9404
individual was paid remuneration, and any other information as 9405
required by section 1137 of the "Social Security Act."9406

       Effective with the calendar quarter beginning January 1, 9407
2002, inIn case of failure to properly file the quarterly 9408
contribution and wage report containing all the required 9409
contribution and wage information within the time prescribed by 9410
this section, the director shall assess a forfeiture amounting to 9411
twenty-five one-hundredths of one per cent of the total 9412
remuneration reported by the employer, provided such forfeiture 9413
shall not be less than fifty nor more than one thousand dollars.9414

       (E) Effective with the calendar quarter beginning January 1, 9415
2002, every(C) Every employer liable for payments in lieu of 9416
contributions shall file a quarterly payroll and wage report. The 9417
quarterly report shall be filed not later than the last day of the 9418
first month following the close of the calendar quarter for which 9419
the quarterly report is being filed. The employer shall enter on 9420
the quarterly report the total remuneration paid to all employees 9421
during the quarter, the total wages that would have been taxable 9422
had the employer been subject to contributions, the name and 9423
social security number of each individual employed during the 9424
calendar quarter, the total remuneration paid the individual, the 9425
number of weeks during the quarter for which the individual was 9426
paid remuneration, and any other information as required by 9427
section 1137 of the "Social Security Act."9428

       Effective with the calendar quarter beginning January 1, 9429
2002, inIn case of failure to properly file the quarterly payroll 9430
and wage report containing all the required payroll and wage 9431
information within the time prescribed by this section, the 9432
director shall assess a forfeiture amounting to twenty-five 9433
one-hundredths of one per cent of the total remuneration reported 9434
by the employer, provided such forfeiture shall not be less than 9435
fifty nor more than one thousand dollars.9436

       (F)(D) The director may waive a forfeiture assessed under 9437
division (D)(B) or (E)(C) of this section if the employer provides 9438
to the director, within four years after the date the forfeiture 9439
was assessed, a written statement showing good cause for failure 9440
to properly file the required information.9441

       (G)(E) The director shall furnish the form or forms on which 9442
quarterly reports required under this section are to be submitted, 9443
or the employer may use other methods of reporting, including 9444
electronic information transmission methods, as approved by the 9445
director.9446

       (H)(F) All forfeitures required by this section shall be paid 9447
into the unemployment compensation special administrative fund as 9448
provided in section 4141.11 of the Revised Code.9449

       Sec. 4141.25.  (A) The director of job and family services 9450
shall determine as of each computation date the contribution rate 9451
of each contributing employer subject to this chapter for the next 9452
succeeding contribution period. The director shall determine a 9453
standard rate of contribution or an experience rate for each 9454
contributing employer. Once a rate of contribution has been 9455
established under this section for a contribution period, except 9456
as provided in division (D) of section 4141.26 of the Revised 9457
Code, that rate shall remain effective throughout such 9458
contribution period. The rate of contribution shall be determined 9459
in accordance with the following requirements:9460

       (1) An employer whose experience does not meet the terms of 9461
division (A)(2) of this section shall be assigned a standard rate 9462
of contribution. Effective for contribution periods beginning on 9463
and after January 1, 1998, an employer's standard rate of 9464
contribution shall be a rate of two and seven-tenths per cent, 9465
except that the rate for employers engaged in the construction 9466
industry shall be the average contribution rate computed for the 9467
construction industry or a rate of two and seven-tenths per cent, 9468
whichever is greater. The standard rate set forth in this division 9469
shall be applicable to a nonprofit organization whose election to 9470
make payments in lieu of contributions is voluntarily terminated 9471
or canceled by the director under section 4141.241 of the Revised 9472
Code, and thereafter pays contributions as required by this 9473
section. If such nonprofit organization had been a contributory 9474
employer prior to its election to make payments in lieu of 9475
contributions, then any prior balance in the contributory account 9476
shall become part of the reactivated account.9477

       As used in division (A) of this section, "the average 9478
contribution rate computed for the construction industry" means 9479
the most recent annual average rate attributable to the 9480
construction industry as prescribed by the director.9481

       (2) A contributing employer subject to this chapter shall 9482
qualify for an experience rate only if there have been four 9483
consecutive quarters, ending on the thirtieth day of June 9484
immediately prior to the computation date, throughout which the 9485
employer's account was chargeable with benefits. Upon meeting the 9486
qualifying requirements provided in division (A)(2) of this 9487
section, the director shall calculate the total credits to each 9488
employer's account consisting of the contributions other than 9489
mutualized contributions including all contributions paid prior to 9490
the computation date for all past periods plus:9491

       (a) The contributions owing on the computation date that are 9492
paid within thirty days after the computation date, and credited 9493
to the employer's account;9494

       (b) All voluntary contributions paid by an employer pursuant 9495
to division (B) of section 4141.24 of the Revised Code.9496

       (3) The director also shall determine the benefits which are 9497
chargeable to each employer's account and which were paid prior to 9498
the computation date with respect to weeks of unemployment ending 9499
prior to the computation date. The director then shall determine 9500
the positive or negative balance of each employer's account by 9501
calculating the excess of such contributions and interest over the 9502
benefits chargeable, or the excess of such benefits over such 9503
contributions and interest. Any resulting negative balance then 9504
shall be subject to adjustment as provided in division (A)(2) of 9505
section 4141.24 of the Revised Code after which the positive or 9506
negative balance shall be expressed in terms of a percentage of 9507
the employer's average annual payroll. If the total standing to 9508
the credit of an employer's account exceeds the total charges, as 9509
provided in this division, the employer has a positive balance and 9510
if such charges exceed such credits the employer has a negative 9511
balance. Each employer's contribution rate shall then be 9512
determined in accordance with the following schedule:9513

Contribution Rate Schedule
9514

If, as of the computation date The employer's 9515
the contribution rate balance of contribution rate for 9516
an employer's account as a the next succeeding 9517
percentage of the employer's contribution period 9518
average annual payroll is shall be 9519
(a) A negative balance of: 9520
20.0% or more 6.5% 9521
19.0% but less than 20.0% 6.4% 9522
17.0% but less than 19.0% 6.3% 9523
15.0% but less than 17.0% 6.2% 9524
13.0% but less than 15.0% 6.1% 9525
11.0% but less than 13.0% 6.0% 9526
9.0% but less than 11.0% 5.9% 9527
5.0% but less than 9.0% 5.7% 9528
4.0% but less than 5.0% 5.5% 9529
3.0% but less than 4.0% 5.3% 9530
2.0% but less than 3.0% 5.1% 9531
1.0% but less than 2.0% 4.9% 9532
more than 0.0% but less than 1.0% 4.8% 9533
(b) A 0.0% or a positive 9534
balance of less than 1.0% 4.7% 9535
(c) A positive balance of: 9536
1.0% or more, but less than 1.5% 4.6% 9537
1.5% or more, but less than 2.0% 4.5% 9538
2.0% or more, but less than 2.5% 4.3% 9539
2.5% or more, but less than 3.0% 4.0% 9540
3.0% or more, but less than 3.5% 3.8% 9541
3.5% or more, but less than 4.0% 3.5% 9542
4.0% or more, but less than 4.5% 3.3% 9543
4.5% or more, but less than 5.0% 3.0% 9544
5.0% or more, but less than 5.5% 2.8% 9545
5.5% or more, but less than 6.0% 2.5% 9546
6.0% or more, but less than 6.5% 2.2% 9547
6.5% or more, but less than 7.0% 2.0% 9548
7.0% or more, but less than 7.5% 1.8% 9549
7.5% or more, but less than 8.0% 1.6% 9550
8.0% or more, but less than 8.5% 1.4% 9551
8.5% or more, but less than 9.0% 1.3% 9552
9.0% or more, but less than 9.5% 1.1% 9553
9.5% or more, but less than 10.0% 1.0% 9554
10.0% or more, but less than 10.5% .9% 9555
10.5% or more, but less than 11.0% .7% 9556
11.0% or more, but less than 11.5% .6% 9557
11.5% or more, but less than 12.0% .5% 9558
12.0% or more, but less than 12.5% .4% 9559
12.5% or more, but less than 13.0% .3% 9560
13.0% or more, but less than 14.0% .2% 9561
14.0% or more .1% 9562

       (d) The contribution rates shall be as specified in divisions 9563
(a), (b), and (c) of the contribution rate schedule except that 9564
notwithstanding the amendments made to division (a) of the 9565
contribution rate schedule in this section, if, as of the 9566
computation date: for 1991, the negative balance is 5.0% or more, 9567
the contribution rate shall be 5.7%; for 1992, if the negative 9568
balance is 11.0% or more, the contribution rate shall be 6.0%; and 9569
for 1993, if the negative balance is 17.0% or more, the 9570
contribution rate shall be 6.3%. Thereafter, the contribution 9571
rates shall be as specified in the contribution rate schedule.9572

       (B)(1) The director shall establish and maintain a separate 9573
account to be known as the "mutualized account." As of each 9574
computation date there shall be charged to this account:9575

       (a) As provided in division (A)(2) of section 4141.24 of the 9576
Revised Code, an amount equal to the sum of that portion of the 9577
negative balances of employer accounts which exceeds the 9578
applicable limitations as such balances are computed under 9579
division (A) of this section as of such date;9580

       (b) An amount equal to the sum of the negative balances 9581
remaining in employer accounts which have been closed during the 9582
year immediately preceding such computation date pursuant to 9583
division (E) of section 4141.24 of the Revised Code;9584

       (c) An amount equal to the sum of all benefits improperly 9585
paid preceding such computation date which are not recovered but 9586
which are not charged to an employer's account, or which after 9587
being charged, are credited back to an employer's account;9588

       (d) An amount equal to the sum of any other benefits paid 9589
preceding such computation date which, under this chapter, are not 9590
chargeable to an employer's account;9591

       (e) An amount equal to the sum of any refunds made during the 9592
year immediately preceding such computation date of erroneously 9593
collected mutualized contributions required by this division which 9594
were previously credited to this account;9595

       (f) An amount equal to the sum of any repayments made to the 9596
federal government during the year immediately preceding such 9597
computation date of amounts which may have been advanced by it to 9598
the unemployment compensation fund under section 1201 of the 9599
"Social Security Act," 49 Stat. 648 (1935), 42 U.S.C. 301;9600

       (g) Any amounts appropriated by the general assembly out of 9601
funds paid by the federal government, under section 903 of the 9602
"Social Security Act," to the account of this state in the federal 9603
unemployment trust fund.9604

       (2) As of every computation date there shall be credited to 9605
the mutualized account provided for in this division:9606

       (a) The proceeds of the mutualized contributions as provided 9607
in this division;9608

       (b) Any positive balances remaining in employer accounts 9609
which are closed as provided in division (E) of section 4141.24 of 9610
the Revised Code;9611

       (c) Any benefits improperly paid which are recovered but 9612
which cannot be credited to an employer's account;9613

       (d) All amounts which may be paid by the federal government 9614
under section 903 of the "Social Security Act" to the account of 9615
this state in the federal unemployment trust fund;9616

       (e) Amounts advanced by the federal government to the account 9617
of this state in the federal unemployment trust fund under section 9618
1201 of the "Social Security Act" to the extent such advances have 9619
been repaid to or recovered by the federal government;9620

       (f) Interest credited to the Ohio unemployment trust fund as 9621
deposited with the secretary of the treasury of the United States;9622

       (g) Amounts deposited into the unemployment compensation fund 9623
for penalties collected pursuant to division (A)(4) of section 9624
4141.35 of the Revised Code.9625

       (3) Annually, as of the computation date, the director shall 9626
determine the total credits and charges made to the mutualized 9627
account during the preceding twelve months and the overall 9628
condition of the account. The director shall issue an annual 9629
statement containing this information and such other information 9630
as the director deems pertinent, including a report that the sum 9631
of the balances in the mutualized account, employers' accounts, 9632
and any subsidiary accounts equal the balance in the state's 9633
unemployment trust fund maintained under section 904 of the 9634
"Social Security Act."9635

       (4) As used in this division:9636

       (a) "Fund as of the computation date" means as of any 9637
computation date, the aggregate amount of the unemployment 9638
compensation fund, including all contributions owing on the 9639
computation date that are paid within thirty days thereafter, all 9640
payments in lieu of contributions that are paid within sixty days 9641
after the computation date, all reimbursements of the federal 9642
share of extended benefits described in section 4141.301 of the 9643
Revised Code that are owing on the computation date, and all 9644
interest earned by the fund and received on or before the 9645
computation date from the federal government.9646

       (b) "Minimum safe level" means an amount equal to two 9647
standard deviations above the average of the adjusted annual 9648
average unemployment compensation benefit payment from 1970 to the 9649
most recent calendar year prior to the computation date, as 9650
determined by the director pursuant to division (B)(4)(b) of this 9651
section. To determine the adjusted annual payment of unemployment 9652
compensation benefits, the director first shall multiply the 9653
number of weeks compensated during each calendar year beginning 9654
with 1970 by the most recent annual average weekly unemployment 9655
compensation benefit payment and then compute the average and 9656
standard deviation of the resultant products.9657

       (c) "Annual average weekly unemployment compensation benefit 9658
payment" means the amount resulting from dividing the unemployment 9659
compensation benefits paid from the benefit account maintained 9660
within the unemployment compensation fund pursuant to section 9661
4141.09 of the Revised Code, by the number of weeks compensated 9662
during the same time period.9663

       (5) If, as of any computation date, the charges to the 9664
mutualized account during the entire period subsequent to the 9665
computation date, July 1, 1966, made in accordance with division 9666
(B)(1) of this section, exceed the credits to such account 9667
including mutualized contributions during such period, made in 9668
accordance with division (B)(2) of this section, the amount of 9669
such excess charges shall be recovered during the next 9670
contribution period. To recover such amount, the director shall 9671
compute the percentage ratio of such excess charges to the average 9672
annual payroll of all employers eligible for an experience rate 9673
under division (A) of this section. The percentage so determined 9674
shall be computed to the nearest tenth of one per cent and shall 9675
be an additional contribution rate to be applied to the wages paid 9676
by each employer whose rate is computed under the provisions of 9677
division (A) of this section in the contribution period next 9678
following such computation date, but such percentage shall not 9679
exceed five-tenths of one per cent; however, when there are any 9680
excess charges in the mutualized account, as computed in this 9681
division, then the mutualized contribution rate shall not be less 9682
than one-tenth of one per cent.9683

       (6) If the fund as of the computation date is above or below 9684
minimum safe level, the contribution rates provided for in each 9685
classification in division (A)(3) of this section for the next 9686
contribution period shall be adjusted as follows:9687

       (a) If the fund is thirty per cent or more above minimum safe 9688
level, the contribution rates provided in division (A)(3) of this 9689
section shall be decreased two-tenths of one per cent.9690

       (b) If the fund is more than fifteen per cent but less than 9691
thirty per cent above minimum safe level, the contribution rates 9692
provided in division (A)(3) of this section shall be decreased 9693
one-tenth of one per cent.9694

       (c) If the fund is more than fifteen per cent but less than 9695
thirty per cent below minimum safe level, the contribution rates 9696
of all employers shall be increased twenty-five one-thousandths of 9697
one per cent plus a per cent increase calculated and rounded 9698
pursuant to division (B)(6)(g) of this section.9699

       (d) If the fund is more than thirty per cent but less than 9700
forty-five per cent below minimum safe level, the contribution 9701
rates of all employers shall be increased seventy-five 9702
one-thousandths of one per cent plus a per cent increase 9703
calculated and rounded pursuant to division (B)(6)(g) of this 9704
section.9705

       (e) If the fund is more than forty-five per cent but less 9706
than sixty per cent below minimum safe level, the contribution 9707
rates of all employers shall be increased one-eighth of one per 9708
cent plus a per cent increase calculated and rounded pursuant to 9709
division (B)(6)(g) of this section.9710

       (f) If the fund is sixty per cent or more below minimum safe 9711
level, the contribution rates of all employers shall be increased 9712
two-tenths of one per cent plus a per cent increase calculated and 9713
rounded pursuant to division (B)(6)(g) of this section.9714

       (g) The additional per cent increase in contribution rates 9715
required by divisions (B)(6)(c), (d), (e), and (f) of this section 9716
that is payable by each individual employer shall be calculated in 9717
the following manner. The flat rate increase required by a 9718
particular division shall be multiplied by three and the product 9719
divided by the average experienced-rated contribution rate for all 9720
employers as determined by the director for the most recent 9721
calendar year. The resulting quotient shall be multiplied by an 9722
individual employer's contribution rate determined pursuant to 9723
division (A)(3) of this section. The resulting product shall be 9724
rounded to the nearest tenth of one per cent, added to the flat 9725
rate increase required by division (B)(6)(c), (d), (e), or (f) of 9726
this section, as appropriate, and the total shall be rounded to 9727
the nearest tenth of one per cent. As used in division (B)(6)(g) 9728
of this section, the "average experienced-rated contribution rate" 9729
means the most recent annual average contribution rate reported by 9730
the director contained in report RS 203.2 less the mutualized and 9731
minimum safe level contribution rates included in such rate.9732

       (h) If any of the increased contribution rates of division 9733
(B)(6)(c), (d), (e), or (f) of this section are imposed, the rate 9734
shall remain in effect for the calendar year in which it is 9735
imposed and for each calendar year thereafter until the director 9736
determines as of the computation date for calendar year 1991 and 9737
as of the computation date for any calendar year thereafter 9738
pursuant to this section, that the level of the unemployment 9739
compensation fund equals or exceeds the minimum safe level as 9740
defined in division (B)(4)(b) of this section. Nothing in division 9741
(B)(6)(h) of this section shall be construed as restricting the 9742
imposition of the increased contribution rates provided in 9743
divisions (B)(6)(c), (d), (e), and (f) of this section if the fund 9744
falls below the percentage of the minimum safe level as specified 9745
in those divisions.9746

       (7) The additional contributions required by division (B)(5) 9747
of this section shall be credited to the mutualized account. The 9748
additional contributions required by division (B)(6) of this 9749
section shall be credited fifty per cent to individual employer 9750
accounts and fifty per cent to the mutualized account.9751

       (C) If an employer makes a payment of contributions which is 9752
less than the full amount required by this section and sections 9753
4141.23, 4141.24, 4141.241, 4141.242, 4141.25, 4141.26, and 9754
4141.27 of the Revised Code, such partial payment shall be applied 9755
first against the mutualized contributions required under this 9756
chapter. Any remaining partial payment shall be credited to the 9757
employer's individual account.9758

       (D) Whenever there are any increases in contributions 9759
resulting from an increase in wages subject to contributions as 9760
defined in division (G) of section 4141.01 of the Revised Code, or 9761
from an increase in the mutualized rate of contributions provided 9762
in division (B) of this section, or from a revision of the 9763
contribution rate schedule provided in division (A) of this 9764
section, except for that portion of the increase attributable to a 9765
change in the positive or negative balance in an employer's 9766
account, which increases become effective after a contract for the 9767
construction of real property, as defined in section 5701.02 of 9768
the Revised Code, has been entered into, the contractee upon 9769
written notice by a prime contractor shall reimburse the 9770
contractor for all increased contributions paid by the prime 9771
contractor or by subcontractors upon wages for services performed 9772
under the contract. Upon reimbursement by the contractee to the 9773
prime contractor, the prime contractor shall reimburse each 9774
subcontractor for the increased contributions.9775

       (E) Effective only for the contribution period beginning on 9776
January 1, 1996, and ending on December 31, 1996, mutualized 9777
contributions collected or received by the director pursuant to 9778
division (B)(5) of this section and amounts credited to the 9779
mutualized account pursuant to division (B)(7) of this section 9780
shall be deposited into or credited to the unemployment 9781
compensation benefit reserve fund that is created under division 9782
(F) of this section, except that amounts collected, received, or 9783
credited in excess of two hundred million dollars shall be 9784
deposited into or credited to the unemployment trust fund 9785
established pursuant to section 4141.09 of the Revised Code.9786

       (F) The state unemployment compensation benefit reserve fund 9787
is hereby created as a trust fund in the custody of the treasurer 9788
of state and shall not be part of the state treasury. The fund 9789
shall consist of all moneys collected or received as mutualized 9790
contributions pursuant to division (B)(5) of this section and 9791
amounts credited to the mutualized account pursuant to division 9792
(B)(7) of this section as provided by division (E) of this 9793
section. All moneys in the fund shall be used solely to pay 9794
unemployment compensation benefits in the event that funds are no 9795
longer available for that purpose from the unemployment trust fund 9796
established pursuant to section 4141.09 of the Revised Code.9797

       (G) The balance in the unemployment compensation benefit 9798
reserve fund remaining at the end of the contribution period 9799
beginning January 1, 2000, and any mutualized contribution amounts 9800
for the contribution period beginning on January 1, 1996, that may 9801
be received after December 31, 2000, shall be deposited into the 9802
unemployment trust fund established pursuant to section 4141.09 of 9803
the Revised Code. Income earned on moneys in the state 9804
unemployment compensation benefit reserve fund shall be available 9805
for use by the director only for the purposes described in 9806
division (I) of this section, and shall not be used for any other 9807
purpose.9808

       (H) The unemployment compensation benefit reserve fund 9809
balance shall be added to the unemployment trust fund balance in 9810
determining the minimum safe level tax to be imposed pursuant to 9811
division (B) of this section and shall be included in the 9812
mutualized account balance for the purpose of determining the 9813
mutualized contribution rate pursuant to division (B)(5) of this 9814
section.9815

       (I) All income earned on moneys in the unemployment 9816
compensation benefit reserve fund from the investment of the fund 9817
by the treasurer of state shall accrue to the department of job 9818
and family services automation administration fund, which is 9819
hereby established in the state treasury. Moneys within the 9820
automation administration fund shall be used to meet the costs 9821
related to automation of the department and the administrative 9822
costs related to collecting and accounting for unemployment 9823
compensation benefit reserve fund revenue. Any funds remaining in 9824
the automation administration fund upon completion of the 9825
department's automation projects that are funded by that fund 9826
shall be deposited into the unemployment trust fund established 9827
pursuant to section 4141.09 of the Revised Code.9828

       (J) The director shall prepare and submit monthly reports to 9829
the unemployment compensation advisory commission with respect to 9830
the status of efforts to collect and account for unemployment 9831
compensation benefit reserve fund revenue and the costs related to 9832
collecting and accounting for that revenue. The director shall 9833
obtain approval from the unemployment compensation advisory 9834
commission for expenditure of funds from the department of job and 9835
family services automation administration fund. Funds may be 9836
approved for expenditure for purposes set forth in division (I) of 9837
this section only to the extent that federal or other funds are 9838
not available.9839

       Sec. 4141.26.  (A) As soon as practicable after the first day 9840
of September but not later than the first day of December of each 9841
year, the director of job and family services shall notify each 9842
employer of the employer's contribution rate as determined for the 9843
next ensuing contribution period pursuant to section 4141.25 of 9844
the Revised Code provided the employer has furnished the director, 9845
by the first day of September following the computation date, with 9846
the wage information for all past periods necessary for the 9847
computation of the contribution rate.9848

       (B)(1) If an employer has not timely furnished the necessary 9849
wage information as required by division (A) of this section, the 9850
employer's contribution rate for such contribution period shall 9851
not be computed as provided in section 4141.25 of the Revised 9852
Code, but instead the employer shall be assigned a contribution 9853
rate equal to one hundred twenty-five per cent of the maximum rate 9854
provided in that section, with the following exceptions:9855

       (1)(a) If the employer files the necessary wage information 9856
by the thirty-first day of December of the year immediately 9857
preceding the contribution period for which the rate is to be 9858
effective, the employer's rate shall be computed as provided in 9859
division (A) of section 4141.25 of the Revised Code.9860

       (2)(b) The director shall revise the contribution rate of an 9861
employer who has not timely furnished the necessary wage 9862
information as required by division (A) of this section, who has 9863
been assigned a contribution rate pursuant to division (B) of this 9864
section, and who does not meet the requirements of division 9865
(B)(1)(a) of this section, if the employer furnishes the necessary 9866
wage information to the director within eighteen months following 9867
the thirty-first day of December of the year immediately preceding 9868
the contribution period for which the rate is to be effective. The 9869
revised rate under division (B)(2)(1)(b) of this section shall be 9870
equal to one hundred twenty per cent of the contribution rate that 9871
would have resulted if the employer had timely furnished the 9872
necessary wage information under division (A) of this section.9873

       (c) The director may waive the maximum contribution rate 9874
assigned pursuant to division (B) of this section if the failure 9875
to timely furnish the wage information as required by division (A) 9876
of this section was a result of circumstances beyond the control 9877
of the employer or the employer's agent.9878

       (2) The director shall deny an employer's request for a 9879
revision of the employer's rate as provided in division 9880
(B)(2)(1)(b) of this section if the director finds that the 9881
employer's failure to timely file the necessary wage information 9882
was due to an attempt to evade payment.9883

       (3) The director shall round the contribution rates the 9884
director determines under division (B) of this section to the 9885
nearest tenth of one per cent.9886

       (4) The director shall adopt rules to prescribe requirements 9887
and procedures for requesting a waiver of the maximum contribution 9888
rate under division (B)(1)(c) of this section.9889

       (C) If, as a result of the computation pursuant to division 9890
(B) of this section, the employer's account shows a negative 9891
balance in excess of the applicable limitations, in that 9892
computation, the excess above applicable limitations shall not be 9893
transferred from the account as provided in division (A)(2) of 9894
section 4141.24 of the Revised Code.9895

       (D) The rate determined pursuant to this section and section 9896
4141.25 of the Revised Code shall become binding upon the employer 9897
unless:9898

       (1) The employer makes a voluntary contribution as provided 9899
in division (B) of section 4141.24 of the Revised Code, whereupon 9900
the director shall issue the employer a revised contribution rate 9901
notice if the contribution changes the employer's rate; or9902

       (2) Within thirty days after the mailing of notice of the 9903
employer's rate or a revision of it to the employer's last known 9904
address or, in the absence of mailing of such notice, within 9905
thirty days after the delivery of such notice, the employer files 9906
an application with the director for reconsideration of the 9907
director's determination of such rate setting forth reasons for 9908
such request. The director shall promptly examine the application 9909
for reconsideration and shall notify the employer of the 9910
director's reconsidered decision, which shall become final unless, 9911
within thirty days after the mailing of such notice by certified 9912
mail, return receipt requested, the employer files an application 9913
for review of such decision with the unemployment compensation 9914
review commission. The commission shall promptly examine the 9915
application for review of the director's decision and shall grant 9916
such employer an opportunity for a fair hearing. The proceeding at 9917
the hearing before the commission shall be recorded in the means 9918
and manner prescribed by the commission. For the purposes of this 9919
division, the review is considered timely filed when it has been 9920
received as provided in division (D)(1) of section 4141.281 of the 9921
Revised Code.9922

       The employer and the director shall be promptly notified of 9923
the commission's decision, which shall become final unless, within 9924
thirty days after the mailing of notice of it to the employer's 9925
last known address by certified mail, return receipt requested, 9926
or, in the absence of mailing, within thirty days after delivery 9927
of such notice, an appeal is taken by the employer or the director 9928
to the court of common pleas of Franklin county. Such appeal shall 9929
be taken by the employer or the director by filing a notice of 9930
appeal with the clerk of such court and with the commission. Such 9931
notice of appeal shall set forth the decision appealed and the 9932
errors in it complained of. Proof of the filing of such notice 9933
with the commission shall be filed with the clerk of such court.9934

       The commission, upon written demand filed by the appellant 9935
and within thirty days after the filing of such demand, shall file 9936
with the clerk a certified transcript of the record of the 9937
proceedings before the commission pertaining to the determination 9938
or order complained of, and the appeal shall be heard upon such 9939
record certified to the commission. In such appeal, no additional 9940
evidence shall be received by the court, but the court may order 9941
additional evidence to be taken before the commission, and the 9942
commission, after hearing such additional evidence, shall certify 9943
such additional evidence to the court or it may modify its 9944
determination and file such modified determination, together with 9945
the transcript of the additional record, with the court. After an 9946
appeal has been filed in the court, the commission, by petition, 9947
may be made a party to such appeal. Such appeal shall be given 9948
precedence over other civil cases. The court may affirm the 9949
determination or order complained of in the appeal if it finds, 9950
upon consideration of the entire record, that the determination or 9951
order is supported by reliable, probative, and substantial 9952
evidence and is in accordance with law. In the absence of such a 9953
finding, it may reverse, vacate, or modify the determination or 9954
order or make such other ruling as is supported by reliable, 9955
probative, and substantial evidence and is in accordance with law. 9956
The judgment of the court shall be final and conclusive unless 9957
reversed, vacated, or modified on appeal. An appeal may be taken 9958
from the decision of the court of common pleas of Franklin county.9959

       (E) The appeal provisions of division (D) of this section 9960
apply to all other determinations and orders of the director 9961
affecting the liability of an employer to pay contributions or the 9962
amount of such contributions, determinations respecting 9963
application for refunds of contributions, determinations 9964
respecting applications for classification of employment as 9965
seasonal under section 4141.33 of the Revised Code, and exceptions 9966
to charges of benefits to an employer's account as provided in 9967
division (D) of section 4141.24 of the Revised Code.9968

       (F) The validity of any general order or rule of the director 9969
adopted pursuant to this chapter or of any final order or action 9970
of the unemployment compensation review commission respecting any 9971
such general order or rule may be determined by the court of 9972
common pleas of Franklin county, and such general order, rule, or 9973
action may be sustained or set aside by the court on an appeal to 9974
it which may be taken by any person affected by the order, rule, 9975
or action in the manner provided by law. Such appeal to the court 9976
of common pleas of Franklin county shall be filed within thirty 9977
days after the date such general order, rule, or action was 9978
publicly released by the director or the commission. Either party 9979
to such action may appeal from the court of common pleas of 9980
Franklin county as in ordinary civil cases.9981

       (G) Notwithstanding any determination made in pursuance of 9982
sections 4141.23 to 4141.26 of the Revised Code, no individual who 9983
files a claim for benefits shall be denied the right to a fair 9984
hearing as provided in section 4141.281 of the Revised Code, or 9985
the right to have a claim determined on the merits of it.9986

       (H)(1) Notwithstanding division (D) of this section, if the 9987
director finds that an omission or error in the director's records 9988
or employer reporting caused the director to issue an erroneous 9989
determination or order affecting contribution rates, the liability 9990
of an employer to pay contributions or the amount of such 9991
contributions, determinations respecting applications for refunds 9992
of contributions, determinations respecting applications for 9993
classification of seasonal status under section 4141.33 of the 9994
Revised Code, or exceptions to charges of benefits to an 9995
employer's account as provided in division (D) of section 4141.24 9996
of the Revised Code, the director may issue a corrected 9997
determination or order correcting the erroneous determination or 9998
order, except as provided in division (H)(2) of this section.9999

       (2) The director may not issue a corrected determination or 10000
order correcting an erroneous determination or order if both of 10001
the following apply:10002

       (a) The erroneous determination or order was caused solely by 10003
an omission or error of the director;10004

       (b) A correction of the erroneous determination or order 10005
would adversely affect the employer or any of the employers that 10006
were parties in interest to the erroneous determination or order.10007

       A corrected determination or order issued under this division 10008
takes precedence over and renders void the erroneous determination 10009
or order and is appealable as provided in division (D) of this 10010
section.10011

       Sec. 4141.28. 10012

BENEFITS
10013

       (A) FILINGS10014

       Applications for determination of benefit rights and claims 10015
for benefits shall be filed with the director of job and family 10016
services. Such applications and claims also may be filed with an 10017
employee of another state or federal agency charged with the duty 10018
of accepting applications and claims for unemployment benefits or 10019
with an employee of the unemployment insurance commission of 10020
Canada.10021

       Effective July 1, 2015, an individual shall file an 10022
application for determination of benefit rights and a claim for 10023
benefits by electronic means in a manner prescribed by the 10024
director, except that no individual shall be required to file such 10025
an application or claim by electronic means if one or more of the 10026
following circumstances apply:10027

        (1) The individual is legally prohibited from using a 10028
computer;10029

        (2) The individual has a physical or visual impairment that 10030
makes the individual unable to use a computer;10031

        (3) The individual has limited ability to read or write 10032
effectively in a language in which the electronic application or 10033
claim is available;10034

        (4) A disaster or emergency declared by the governor prevents 10035
compliance with the electronic filing requirement.10036

       When an unemployed individual files an application for 10037
determination of benefit rights, the director shall furnish the 10038
individual with an explanation of the individual's appeal rights. 10039
The explanation shall describe clearly the different levels of 10040
appeal and explain where and when each appeal must be filed.10041

       (B) APPLICATION FOR DETERMINATION OF BENEFIT RIGHTS10042

       In filing an application, an individual shall furnish the 10043
director with the name and address of the individual's most recent 10044
separating employer and the individual's statement of the reason 10045
for separation from the employer. The director shall promptly 10046
notify the individual's most recent separating employer of the 10047
filing and request the reason for the individual's unemployment, 10048
unless that notice is not necessary under conditions the director 10049
establishes by rule. The director may request from the individual 10050
or any employer information necessary for the determination of the 10051
individual's right to benefits. The employer shall provide the 10052
information requested within ten working days after the request is 10053
sent. If necessary to ensure prompt determination and payment of 10054
benefits, the director shall base the determination on the 10055
information that is available.10056

       An individual filing an application for determination of 10057
benefit rights shall disclose, at the time of filing, whether or 10058
not the individual owes child support obligations.10059

       (C) MASS LAYOFFS10060

       An employer who lays off or separates within any seven-day 10061
period fifty or more individuals because of lack of work shall 10062
furnish notice to the director of the dates of layoff or 10063
separation and the approximate number of individuals being laid 10064
off or separated. The notice shall be furnished at least three 10065
working days prior to the date of the first day of such layoff or 10066
separation. In addition, at the time of the layoff or separation 10067
the employer shall furnish to the individual and to the director 10068
information necessary to determine the individual's eligibility 10069
for unemployment compensation.10070

       (D) DETERMINATION OF BENEFIT RIGHTS10071

       The director shall promptly examine any application for 10072
determination of benefit rights. On the basis of the information 10073
available to the director under this chapter, the director shall 10074
determine whether or not the application is valid, and if valid, 10075
the date on which the benefit year shall commence and the weekly 10076
benefit amount. The director shall promptly notify the applicant, 10077
employers in the applicant's base period, and any other interested 10078
parties of the determination and the reasons for it. In addition, 10079
the determination issued to the claimant shall include the total 10080
amount of benefits payable. The determination issued to each 10081
chargeable base period employer shall include the total amount of 10082
benefits that may be charged to the employer's account.10083

       (E) CLAIM FOR BENEFITS10084

       The director shall examine the first claim and any additional 10085
claim for benefits. On the basis of the information available, the 10086
director shall determine whether the claimant's most recent 10087
separation and, to the extent necessary, prior separations from 10088
work, allow the claimant to qualify for benefits. Written notice 10089
of the determination granting or denying benefits shall be sent to 10090
the claimant, the most recent separating employer, and any other 10091
employer involved in the determination, except that written notice 10092
is not required to be sent to the claimant if the reason for 10093
separation is lack of work and the claim is allowed.10094

       If the director identifies an eligibility issue, the director 10095
shall send notice to the claimant of the issue identified and 10096
specify the week or weeks involved. The claimant has a minimum of 10097
five business days after the notice is sent to respond to the 10098
information included in the notice, and after the time allowed as 10099
determined by the director, the director shall make a 10100
determination. The claimant's response may include a request for a 10101
fact-finding interview when the eligibility issue is raised by an 10102
informant or source other than the claimant, or when the 10103
eligibility issue, if determined adversely, disqualifies the 10104
claimant for the duration of the claimant's period of 10105
unemployment.10106

       When the determination of a continued claim for benefits 10107
results in a disallowed claim, the director shall notify the 10108
claimant of the disallowance and the reasons for it.10109

       (F) ELIGIBILITY NOTICE10110

       Any base period or subsequent employer of a claimant who has 10111
knowledge of specific facts affecting the claimant's right to 10112
receive benefits for any week may notify the director in writing 10113
of those facts. The director shall prescribe a form for such 10114
eligibility notice, but failure to use the form shall not preclude 10115
the director's examination of any notice.10116

       To be considered valid, an eligibility notice must: contain 10117
in writing, a statement that identifies either a source who has 10118
firsthand knowledge of the information or an informant who can 10119
identify the source; provide specific and detailed information 10120
that may potentially disqualify the claimant; provide the name and 10121
address of the source or the informant; and appear to the director 10122
to be reliable and credible.10123

       An eligibility notice is timely filed if received or 10124
postmarked prior to or within forty-five calendar days after the 10125
end of the week with respect to which a claim for benefits is 10126
filed by the claimant. An employer who timely files a valid 10127
eligibility notice shall be an interested party to the claim for 10128
benefits which is the subject of the notice.10129

       The director shall consider the information contained in the 10130
eligibility notice, together with other available information. 10131
After giving the claimant notice and an opportunity to respond, 10132
the director shall make a determination and inform the notifying 10133
employer, the claimant, and other interested parties of the 10134
determination.10135

       (G) CORRECTED DETERMINATION10136

       If the director finds within the fifty-two calendar weeks 10137
beginning with the Sunday of the week during which an application 10138
for benefit rights was filed or within the benefit year that a 10139
determination made by the director was erroneous due to an error 10140
in an employer's report or any typographical or clerical error in 10141
the director's determination, or as shown by correct remuneration 10142
information received by the director, the director shall issue a 10143
corrected determination to all interested parties. The corrected 10144
determination shall take precedence over and void the prior 10145
determination of the director. The director shall not issue a 10146
corrected determination when the commission or a court has 10147
jurisdiction with respect to that determination.10148

       (H) EFFECT OF COMMISSION DECISIONS10149

       In making determinations, the director shall follow decisions 10150
of the unemployment compensation review commission which have 10151
become final with respect to claimants similarly situated.10152

       (I) PROMPT PAYMENTS10153

       If benefits are allowed by the director, a hearing officer, 10154
the commission, or a court, the director shall pay benefits 10155
promptly, notwithstanding any further appeal, provided that if 10156
benefits are denied on appeal, of which the parties have notice 10157
and an opportunity to be heard, the director shall withhold 10158
payment of benefits pending a decision on any further appeal.10159

       Sec. 4141.29.  Each eligible individual shall receive 10160
benefits as compensation for loss of remuneration due to 10161
involuntary total or partial unemployment in the amounts and 10162
subject to the conditions stipulated in this chapter.10163

       (A) No individual is entitled to a waiting period or benefits 10164
for any week unless the individual:10165

       (1) Has filed a valid application for determination of 10166
benefit rights in accordance with section 4141.28 of the Revised 10167
Code;10168

       (2) Has made a claim for benefits in accordance with section 10169
4141.28 of the Revised Code;10170

       (3)(a) Has registered for work and thereafter continues to 10171
report to an employment office or other registration place 10172
maintained or designated by the director of job and family 10173
services. Registration shall be made in accordance with the time 10174
limits, frequency, and manner prescribed by the director.10175

       (b) For purposes of division (A)(3) of this section, an 10176
individual has "registered" upon doing any of the following:10177

        (i) Filing an application for benefit rights;10178

        (ii) Making a weekly claim for benefits;10179

        (iii) Reopening an existing claim following a period of 10180
employment or nonreporting.10181

        (c) After an applicant is registered, that registration 10182
continues for a period of three calendar weeks, including the week 10183
during which the applicant registered. However, an individual is 10184
not registered for purposes of division (A)(3) of this section 10185
during any period in which the individual fails to report, as 10186
instructed by the director, or fails to reopen an existing claim 10187
following a period of employment. 10188

       (d) The director may, for good cause, extend the period of 10189
registration.10190

       (e) For purposes of this section, "report" means contact by 10191
phone, access electronically, or be present for an in-person 10192
appointment, as designated by the director.10193

       (4)(a)(i) Is able to work and available for suitable work 10194
and, except as provided in division (A)(4)(a)(ii) or (iii) of this 10195
section, is actively seeking suitable work either in a locality in 10196
which the individual has earned wages subject to this chapter 10197
during the individual's base period, or if the individual leaves 10198
that locality, then in a locality where suitable work normally is 10199
performed.10200

       (ii) The director may waive the requirement that a claimant 10201
be actively seeking work when the director finds that the 10202
individual has been laid off and the employer who laid the 10203
individual off has notified the director within ten days after the 10204
layoff, that work is expected to be available for the individual 10205
within a specified number of days not to exceed forty-five 10206
calendar days following the last day the individual worked. In the 10207
event the individual is not recalled within the specified period, 10208
this waiver shall cease to be operative with respect to that 10209
layoff.10210

       (iii) The director may waive the requirement that a claimant 10211
be actively seeking work if the director determines that the 10212
individual has been laid off and the employer who laid the 10213
individual off has notified the director in accordance with 10214
division (C) of section 4141.28 of the Revised Code that the 10215
employer has closed the employer's entire plant or part of the 10216
employer's plant for a purpose other than inventory or vacation 10217
that will cause unemployment for a definite period not exceeding 10218
twenty-six weeks beginning on the date the employer notifies the 10219
director, for the period of the specific shutdown, if all of the 10220
following apply:10221

       (I) The employer and the individuals affected by the layoff 10222
who are claiming benefits under this chapter jointly request the 10223
exemption.10224

       (II) The employer provides that the affected individuals 10225
shall return to work for the employer within twenty-six weeks 10226
after the date the employer notifies the director.10227

       (III) The director determines that the waiver of the active 10228
search for work requirement will promote productivity and economic 10229
stability within the state.10230

       (iv) Division (A)(4)(a)(iii) of this section does not exempt 10231
an individual from meeting the other requirements specified in 10232
division (A)(4)(a)(i) of this section to be able to work and 10233
otherwise fully be available for work. An exemption granted under 10234
division (A)(4)(a)(iii) of this section may be granted only with 10235
respect to a specific plant closing.10236

       (b)(i) The individual shall be instructed as to the efforts 10237
that the individual must make in the search for suitable work, 10238
including that, within six months after the effective date of this 10239
amendmentOctober 11, 2013, the individual shall register with 10240
OhioMeansJobs, except in any of the following circumstances:10241

        (I) The individual is an individual described in division 10242
(A)(4)(b)(iii) of this section;10243

        (II) Where the active search for work requirement has been 10244
waived under division (A)(4)(a) of this section;10245

       (III) Where the active search for work requirement is 10246
considered to be met under division (A)(4)(c), (d), or (e) of this 10247
section.10248

       (ii) An individual who is registered with OhioMeansJobs shall 10249
receive a weekly listing of available jobs based on information 10250
provided by the individual at the time of registration. For each 10251
week that the individual claims benefits, the individual shall 10252
keep a record of the individual's work search efforts and shall 10253
produce that record in the manner and means prescribed by the 10254
director.10255

       (iii) No individual shall be required to register with 10256
OhioMeansJobs if the individual is legally prohibited from using a 10257
computer, has a physical or visual impairment that makes the 10258
individual unable to use a computer, or has a limited ability to 10259
read, write, speak, or understand a language in which 10260
OhioMeansJobs is available.10261

       (iv) As used in division (A)(4)(b) of this section:10262

       (I) "OhioMeansJobs" means the electronic job placement system 10263
operated by the state.10264

       (II) "Registration" includes the creation, electronic 10265
posting, and maintenance of an active, searchable resume.10266

       (c) An individual who is attending a training course approved 10267
by the director meets the requirement of this division, if 10268
attendance was recommended by the director and the individual is 10269
regularly attending the course and is making satisfactory 10270
progress. An individual also meets the requirements of this 10271
division if the individual is participating and advancing in a 10272
training program, as defined in division (P) of section 5709.61 of 10273
the Revised Code, and if an enterprise, defined in division (B) of 10274
section 5709.61 of the Revised Code, is paying all or part of the 10275
cost of the individual's participation in the training program 10276
with the intention of hiring the individual for employment as a 10277
new employee, as defined in division (L) of section 5709.61 of the 10278
Revised Code, for at least ninety days after the individual's 10279
completion of the training program.10280

       (d) An individual who becomes unemployed while attending a 10281
regularly established school and whose base period qualifying 10282
weeks were earned in whole or in part while attending that school, 10283
meets the availability and active search for work requirements of 10284
division (A)(4)(a) of this section if the individual regularly 10285
attends the school during weeks with respect to which the 10286
individual claims unemployment benefits and makes self available 10287
on any shift of hours for suitable employment with the 10288
individual's most recent employer or any other employer in the 10289
individual's base period, or for any other suitable employment to 10290
which the individual is directed, under this chapter.10291

       (e) An individual who is a member in good standing with a 10292
labor organization that refers individuals to jobs meets the 10293
active search for work requirement specified in division (A)(4)(a) 10294
of this section if the individual provides documentation that the 10295
individual is eligible for a referral or placement upon request 10296
and in a manner prescribed by the director.10297

       (f) Notwithstanding any other provisions of this section, no 10298
otherwise eligible individual shall be denied benefits for any 10299
week because the individual is in training approved under section 10300
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 10301
2296, nor shall that individual be denied benefits by reason of 10302
leaving work to enter such training, provided the work left is not 10303
suitable employment, or because of the application to any week in 10304
training of provisions in this chapter, or any applicable federal 10305
unemployment compensation law, relating to availability for work, 10306
active search for work, or refusal to accept work.10307

       For the purposes of division (A)(4)(f) of this section, 10308
"suitable employment" means with respect to an individual, work of 10309
a substantially equal or higher skill level than the individual's 10310
past adversely affected employment, as defined for the purposes of 10311
the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, and 10312
wages for such work at not less than eighty per cent of the 10313
individual's average weekly wage as determined for the purposes of 10314
that federal act.10315

       (5) Is unable to obtain suitable work. An individual who is 10316
provided temporary work assignments by the individual's employer 10317
under agreed terms and conditions of employment, and who is 10318
required pursuant to those terms and conditions to inquire with 10319
the individual's employer for available work assignments upon the 10320
conclusion of each work assignment, is not considered unable to 10321
obtain suitable employment if suitable work assignments are 10322
available with the employer but the individual fails to contact 10323
the employer to inquire about work assignments.10324

       (6) Participates in reemployment services, such as job search 10325
assistance services, if the individual has been determined to be 10326
likely to exhaust benefits under this chapter, including 10327
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other than 10328
extended compensation, and needs reemployment services pursuant to 10329
the profiling system established by the director under division 10330
(K) of this section, unless the director determines that:10331

       (a) The individual has completed such services; or10332

       (b) There is justifiable cause for the claimant's failure to 10333
participate in such services.10334

       Ineligibility for failure to participate in reemployment 10335
services as described in division (A)(6) of this section shall be 10336
for the week or weeks in which the claimant was scheduled and 10337
failed to participate without justifiable cause.10338

       (7) Participates in the reemployment and eligibility 10339
assessment program, or other reemployment services, as required by 10340
the director. As used in division (A)(7) of this section, 10341
"reemployment services" includes job search assistance activities, 10342
skills assessments, and the provision of labor market statistics 10343
or analysis.10344

       (a) For purposes of division (A)(7) of this section, 10345
participation is required unless the director determines that 10346
either of the following circumstances applies to the individual:10347

       (i) The individual has completed similar services.10348

       (ii) Justifiable cause exists for the failure of the 10349
individual to participate in those services.10350

       (b) Within six months after the effective date of this 10351
amendmentOctober 11, 2013, notwithstanding any earlier contact an 10352
individual may have had with a local one-stop county office, 10353
including as described in section 6301.08 of the Revised Code, 10354
beginning with the eighth week after the week during which an 10355
individual first files a valid application for determination of 10356
benefit rights in the individual's benefit year, the individual 10357
shall report to a local one-stop county office for reemployment 10358
services in the manner prescribed by the director.10359

       (c) An individual whose active search for work requirement 10360
has been waived under division (A)(4)(a) of this section or is 10361
considered to be satisfied under division (A)(4)(c), (d), or (e) 10362
of this section is exempt from the requirements of division (A)(7) 10363
of this section.10364

       (B) An individual suffering total or partial unemployment is 10365
eligible for benefits for unemployment occurring subsequent to a 10366
waiting period of one week and no benefits shall be payable during 10367
this required waiting period. Not more than one week of waiting 10368
period shall be required of any individual in any benefit year in 10369
order to establish the individual's eligibility for total or 10370
partial unemployment benefits.10371

       (C) The waiting period for total or partial unemployment 10372
shall commence on the first day of the first week with respect to 10373
which the individual first files a claim for benefits at an 10374
employment office or other place of registration maintained or 10375
designated by the director or on the first day of the first week 10376
with respect to which the individual has otherwise filed a claim 10377
for benefits in accordance with the rules of the department of job 10378
and family services, provided such claim is allowed by the 10379
director.10380

       (D) Notwithstanding division (A) of this section, no 10381
individual may serve a waiting period or be paid benefits under 10382
the following conditions:10383

       (1) For any week with respect to which the director finds 10384
that:10385

       (a) The individual's unemployment was due to a labor dispute 10386
other than a lockout at any factory, establishment, or other 10387
premises located in this or any other state and owned or operated 10388
by the employer by which the individual is or was last employed; 10389
and for so long as the individual's unemployment is due to such 10390
labor dispute. No individual shall be disqualified under this 10391
provision if either of the following applies:10392

       (i) The individual's employment was with such employer at any 10393
factory, establishment, or premises located in this state, owned 10394
or operated by such employer, other than the factory, 10395
establishment, or premises at which the labor dispute exists, if 10396
it is shown that the individual is not financing, participating 10397
in, or directly interested in such labor dispute;10398

       (ii) The individual's employment was with an employer not 10399
involved in the labor dispute but whose place of business was 10400
located within the same premises as the employer engaged in the 10401
dispute, unless the individual's employer is a wholly owned 10402
subsidiary of the employer engaged in the dispute, or unless the 10403
individual actively participates in or voluntarily stops work 10404
because of such dispute. If it is established that the claimant 10405
was laid off for an indefinite period and not recalled to work 10406
prior to the dispute, or was separated by the employer prior to 10407
the dispute for reasons other than the labor dispute, or that the 10408
individual obtained a bona fide job with another employer while 10409
the dispute was still in progress, such labor dispute shall not 10410
render the employee ineligible for benefits.10411

       (b) The individual has been given a disciplinary layoff for 10412
misconduct in connection with the individual's work.10413

       (2) For the duration of the individual's unemployment if the 10414
director finds that:10415

       (a) The individual quit work without just cause or has been 10416
discharged for just cause in connection with the individual's 10417
work, provided division (D)(2) of this section does not apply to 10418
the separation of a person under any of the following 10419
circumstances:10420

       (i) Separation from employment for the purpose of entering 10421
the armed forces of the United States if the individual is 10422
inducted into the armed forces within one of the following 10423
periods:10424

       (I) Thirty days after separation;10425

       (II) One hundred eighty days after separation if the 10426
individual's date of induction is delayed solely at the discretion 10427
of the armed forces.10428

       (ii) Separation from employment pursuant to a 10429
labor-management contract or agreement, or pursuant to an 10430
established employer plan, program, or policy, which permits the 10431
employee, because of lack of work, to accept a separation from 10432
employment;10433

       (iii) The individual has left employment to accept a recall 10434
from a prior employer or, except as provided in division 10435
(D)(2)(a)(iv) of this section, to accept other employment as 10436
provided under section 4141.291 of the Revised Code, or left or 10437
was separated from employment that was concurrent employment at 10438
the time of the most recent separation or within six weeks prior 10439
to the most recent separation where the remuneration, hours, or 10440
other conditions of such concurrent employment were substantially 10441
less favorable than the individual's most recent employment and 10442
where such employment, if offered as new work, would be considered 10443
not suitable under the provisions of divisions (E) and (F) of this 10444
section. Any benefits that would otherwise be chargeable to the 10445
account of the employer from whom an individual has left 10446
employment or was separated from employment that was concurrent 10447
employment under conditions described in division (D)(2)(a)(iii) 10448
of this section, shall instead be charged to the mutualized 10449
account created by division (B) of section 4141.25 of the Revised 10450
Code, except that any benefits chargeable to the account of a 10451
reimbursing employer under division (D)(2)(a)(iii) of this section 10452
shall be charged to the account of the reimbursing employer and 10453
not to the mutualized account, except as provided in division 10454
(D)(2) of section 4141.24 of the Revised Code.10455

       (iv) When an individual has been issued a definite layoff 10456
date by the individual's employer and before the layoff date, the 10457
individual quits to accept other employment, the provisions of 10458
division (D)(2)(a)(iii) of this section apply and no 10459
disqualification shall be imposed under division (D) of this 10460
section. However, if the individual fails to meet the employment 10461
and earnings requirements of division (A)(2) of section 4141.291 10462
of the Revised Code, then the individual, pursuant to division 10463
(A)(5) of this section, shall be ineligible for benefits for any 10464
week of unemployment that occurs prior to the layoff date.10465

       (b) The individual has refused without good cause to accept 10466
an offer of suitable work when made by an employer either in 10467
person or to the individual's last known address, or has refused 10468
or failed to investigate a referral to suitable work when directed 10469
to do so by a local employment office of this state or another 10470
state, provided that this division shall not cause a 10471
disqualification for a waiting week or benefits under the 10472
following circumstances:10473

       (i) When work is offered by the individual's employer and the 10474
individual is not required to accept the offer pursuant to the 10475
terms of the labor-management contract or agreement; or10476

       (ii) When the individual is attending a training course 10477
pursuant to division (A)(4) of this section except, in the event 10478
of a refusal to accept an offer of suitable work or a refusal or 10479
failure to investigate a referral, benefits thereafter paid to 10480
such individual shall not be charged to the account of any 10481
employer and, except as provided in division (B)(1)(b) of section 10482
4141.241 of the Revised Code, shall be charged to the mutualized 10483
account as provided in division (B) of section 4141.25 of the 10484
Revised Code.10485

       (c) Such individual quit work to marry or because of marital, 10486
parental, filial, or other domestic obligations.10487

       (d) The individual became unemployed by reason of commitment 10488
to any correctional institution.10489

       (e) The individual became unemployed because of dishonesty in 10490
connection with the individual's most recent or any base period 10491
work. Remuneration earned in such work shall be excluded from the 10492
individual's total base period remuneration and qualifying weeks 10493
that otherwise would be credited to the individual for such work 10494
in the individual's base period shall not be credited for the 10495
purpose of determining the total benefits to which the individual 10496
is eligible and the weekly benefit amount to be paid under section 10497
4141.30 of the Revised Code. Such excluded remuneration and 10498
noncredited qualifying weeks shall be excluded from the 10499
calculation of the maximum amount to be charged, under division 10500
(D) of section 4141.24 and section 4141.33 of the Revised Code, 10501
against the accounts of the individual's base period employers. In 10502
addition, no benefits shall thereafter be paid to the individual 10503
based upon such excluded remuneration or noncredited qualifying 10504
weeks.10505

       For purposes of division (D)(2)(e) of this section, 10506
"dishonesty" means the commission of substantive theft, fraud, or 10507
deceitful acts.10508

       (E) No individual otherwise qualified to receive benefits 10509
shall lose the right to benefits by reason of a refusal to accept 10510
new work if:10511

       (1) As a condition of being so employed the individual would 10512
be required to join a company union, or to resign from or refrain 10513
from joining any bona fide labor organization, or would be denied 10514
the right to retain membership in and observe the lawful rules of 10515
any such organization.10516

       (2) The position offered is vacant due directly to a strike, 10517
lockout, or other labor dispute.10518

       (3) The work is at an unreasonable distance from the 10519
individual's residence, having regard to the character of the work 10520
the individual has been accustomed to do, and travel to the place 10521
of work involves expenses substantially greater than that required 10522
for the individual's former work, unless the expense is provided 10523
for.10524

       (4) The remuneration, hours, or other conditions of the work 10525
offered are substantially less favorable to the individual than 10526
those prevailing for similar work in the locality.10527

       (F) Subject to the special exceptions contained in division 10528
(A)(4)(f) of this section and section 4141.301 of the Revised 10529
Code, in determining whether any work is suitable for a claimant 10530
in the administration of this chapter, the director, in addition 10531
to the determination required under division (E) of this section, 10532
shall consider the degree of risk to the claimant's health, 10533
safety, and morals, the individual's physical fitness for the 10534
work, the individual's prior training and experience, the length 10535
of the individual's unemployment, the distance of the available 10536
work from the individual's residence, and the individual's 10537
prospects for obtaining local work.10538

       (G) The "duration of unemployment" as used in this section 10539
means the full period of unemployment next ensuing after a 10540
separation from any base period or subsequent work and until an 10541
individual has become reemployed in employment subject to this 10542
chapter, or the unemployment compensation act of another state, or 10543
of the United States, and until such individual has worked six 10544
weeks and for those weeks has earned or been paid remuneration 10545
equal to six times an average weekly wage of not less than: 10546
eighty-five dollars and ten cents per week beginning on June 26, 10547
1990; and beginning on and after January 1, 1992, twenty-seven and 10548
one-half per cent of the statewide average weekly wage as computed 10549
each first day of January under division (B)(3) of section 4141.30 10550
of the Revised Code, rounded down to the nearest dollar, except 10551
for purposes of division (D)(2)(c) of this section, such term 10552
means the full period of unemployment next ensuing after a 10553
separation from such work and until such individual has become 10554
reemployed subject to the terms set forth above, and has earned 10555
wages equal to one-half of the individual's average weekly wage or 10556
sixty dollars, whichever is less.10557

       (H) If a claimant is disqualified under division (D)(2)(a), 10558
(c), or (d) of this section or found to be qualified under the 10559
exceptions provided in division (D)(2)(a)(i), (iii), or (iv) of 10560
this section or division (A)(2) of section 4141.291 of the Revised 10561
Code, then benefits that may become payable to such claimant, 10562
which are chargeable to the account of the employer from whom the 10563
individual was separated under such conditions, shall be charged 10564
to the mutualized account provided in section 4141.25 of the 10565
Revised Code, provided that no charge shall be made to the 10566
mutualized account for benefits chargeable to a reimbursing 10567
employer, except as provided in division (D)(2) of section 4141.24 10568
of the Revised Code. In the case of a reimbursing employer, the 10569
director shall refund or credit to the account of the reimbursing 10570
employer any over-paid benefits that are recovered under division 10571
(B) of section 4141.35 of the Revised Code. Amounts chargeable to 10572
other states, the United States, or Canada that are subject to 10573
agreements and arrangements that are established pursuant to 10574
section 4141.43 of the Revised Code shall be credited or 10575
reimbursed according to the agreements and arrangements to which 10576
the chargeable amounts are subject.10577

       (I)(1) Benefits based on service in employment as provided in 10578
divisions (B)(2)(a) and (b) of section 4141.01 of the Revised Code 10579
shall be payable in the same amount, on the same terms, and 10580
subject to the same conditions as benefits payable on the basis of 10581
other service subject to this chapter; except that after December 10582
31, 1977:10583

       (a) Benefits based on service in an instructional, research, 10584
or principal administrative capacity in an institution of higher 10585
education, as defined in division (Y) of section 4141.01 of the 10586
Revised Code; or for an educational institution as defined in 10587
division (CC) of section 4141.01 of the Revised Code, shall not be 10588
paid to any individual for any week of unemployment that begins 10589
during the period between two successive academic years or terms, 10590
or during a similar period between two regular but not successive 10591
terms or during a period of paid sabbatical leave provided for in 10592
the individual's contract, if the individual performs such 10593
services in the first of those academic years or terms and has a 10594
contract or a reasonable assurance that the individual will 10595
perform services in any such capacity for any such institution in 10596
the second of those academic years or terms.10597

       (b) Benefits based on service for an educational institution 10598
or an institution of higher education in other than an 10599
instructional, research, or principal administrative capacity, 10600
shall not be paid to any individual for any week of unemployment 10601
which begins during the period between two successive academic 10602
years or terms of the employing educational institution or 10603
institution of higher education, provided the individual performed 10604
those services for the educational institution or institution of 10605
higher education during the first such academic year or term and, 10606
there is a reasonable assurance that such individual will perform 10607
those services for any educational institution or institution of 10608
higher education in the second of such academic years or terms.10609

       If compensation is denied to any individual for any week 10610
under division (I)(1)(b) of this section and the individual was 10611
not offered an opportunity to perform those services for an 10612
institution of higher education or for an educational institution 10613
for the second of such academic years or terms, the individual is 10614
entitled to a retroactive payment of compensation for each week 10615
for which the individual timely filed a claim for compensation and 10616
for which compensation was denied solely by reason of division 10617
(I)(1)(b) of this section. An application for retroactive benefits 10618
shall be timely filed if received by the director or the 10619
director's deputy within or prior to the end of the fourth full 10620
calendar week after the end of the period for which benefits were 10621
denied because of reasonable assurance of employment. The 10622
provision for the payment of retroactive benefits under division 10623
(I)(1)(b) of this section is applicable to weeks of unemployment 10624
beginning on and after November 18, 1983. The provisions under 10625
division (I)(1)(b) of this section shall be retroactive to 10626
September 5, 1982, only if, as a condition for full tax credit 10627
against the tax imposed by the "Federal Unemployment Tax Act," 53 10628
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311, the United States 10629
secretary of labor determines that retroactivity is required by 10630
federal law.10631

       (c) With respect to weeks of unemployment beginning after 10632
December 31, 1977, benefits shall be denied to any individual for 10633
any week which commences during an established and customary 10634
vacation period or holiday recess, if the individual performs any 10635
services described in divisions (I)(1)(a) and (b) of this section 10636
in the period immediately before the vacation period or holiday 10637
recess, and there is a reasonable assurance that the individual 10638
will perform any such services in the period immediately following 10639
the vacation period or holiday recess.10640

       (d) With respect to any services described in division 10641
(I)(1)(a), (b), or (c) of this section, benefits payable on the 10642
basis of services in any such capacity shall be denied as 10643
specified in division (I)(1)(a), (b), or (c) of this section to 10644
any individual who performs such services in an educational 10645
institution or institution of higher education while in the employ 10646
of an educational service agency. For this purpose, the term 10647
"educational service agency" means a governmental agency or 10648
governmental entity that is established and operated exclusively 10649
for the purpose of providing services to one or more educational 10650
institutions or one or more institutions of higher education.10651

       (e) Any individual employed by a county board of 10652
developmental disabilities shall be notified by the thirtieth day 10653
of April each year if the individual is not to be reemployed the 10654
following academic year.10655

       (f) Any individual employed by a school district, other than 10656
a municipal school district as defined in section 3311.71 of the 10657
Revised Code, shall be notified by the first day of June each year 10658
if the individual is not to be reemployed the following academic 10659
year.10660

       (2) No disqualification will be imposed, between academic 10661
years or terms or during a vacation period or holiday recess under 10662
this division, unless the director or the director's deputy has 10663
received a statement in writing from the educational institution 10664
or institution of higher education that the claimant has a 10665
contract for, or a reasonable assurance of, reemployment for the 10666
ensuing academic year or term.10667

       (3) If an individual has employment with an educational 10668
institution or an institution of higher education and employment 10669
with a noneducational employer, during the base period of the 10670
individual's benefit year, then the individual may become eligible 10671
for benefits during the between-term, or vacation or holiday 10672
recess, disqualification period, based on employment performed for 10673
the noneducational employer, provided that the employment is 10674
sufficient to qualify the individual for benefit rights separately 10675
from the benefit rights based on school employment. The weekly 10676
benefit amount and maximum benefits payable during a 10677
disqualification period shall be computed based solely on the 10678
nonschool employment.10679

       (J) Benefits shall not be paid on the basis of employment 10680
performed by an alien, unless the alien had been lawfully admitted 10681
to the United States for permanent residence at the time the 10682
services were performed, was lawfully present for purposes of 10683
performing the services, or was otherwise permanently residing in 10684
the United States under color of law at the time the services were 10685
performed, under section 212(d)(5) of the "Immigration and 10686
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101:10687

       (1) Any data or information required of individuals applying 10688
for benefits to determine whether benefits are not payable to them 10689
because of their alien status shall be uniformly required from all 10690
applicants for benefits.10691

       (2) In the case of an individual whose application for 10692
benefits would otherwise be approved, no determination that 10693
benefits to the individual are not payable because of the 10694
individual's alien status shall be made except upon a 10695
preponderance of the evidence that the individual had not, in 10696
fact, been lawfully admitted to the United States.10697

       (K) The director shall establish and utilize a system of 10698
profiling all new claimants under this chapter that:10699

       (1) Identifies which claimants will be likely to exhaust 10700
regular compensation and will need job search assistance services 10701
to make a successful transition to new employment;10702

       (2) Refers claimants identified pursuant to division (K)(1) 10703
of this section to reemployment services, such as job search 10704
assistance services, available under any state or federal law;10705

       (3) Collects follow-up information relating to the services 10706
received by such claimants and the employment outcomes for such 10707
claimant's subsequent to receiving such services and utilizes such 10708
information in making identifications pursuant to division (K)(1) 10709
of this section; and10710

       (4) Meets such other requirements as the United States 10711
secretary of labor determines are appropriate.10712

       (L) Except as otherwise provided in division (A)(6) of this 10713
section, ineligibility pursuant to division (A) of this section 10714
shall begin on the first day of the week in which the claimant 10715
becomes ineligible for benefits and shall end on the last day of 10716
the week preceding the week in which the claimant satisfies the 10717
eligibility requirements.10718

       (M) The director may adopt rules that the director considers 10719
necessary for the administration of division (A) of this section.10720

       Sec. 4141.35.  (A) If the director of job and family services 10721
finds that any fraudulent misrepresentation has been made by an 10722
applicant for or a recipient of benefits with the object of 10723
obtaining benefits to which the applicant or recipient was not 10724
entitled, and in addition to any other penalty or forfeiture under 10725
this chapter, then the director:10726

       (1) Shall within four years after the end of the benefit year 10727
in which the fraudulent misrepresentation was made reject or 10728
cancel such person's entire weekly claim for benefits that was 10729
fraudulently claimed, or the person's entire benefit rights if the 10730
misrepresentation was in connection with the filing of the 10731
claimant's application for determination of benefit rights;10732

       (2) Shall by order declare that, for each application for 10733
benefit rights and for each weekly claim canceled, such person 10734
shall be ineligible for two otherwise valid weekly claims for 10735
benefits, claimed within six years subsequent to the discovery of 10736
such misrepresentation;10737

       (3) By order shall require that the total amount of benefits 10738
rejected or canceled under division (A)(1) of this section be 10739
repaid to the director before such person may become eligible for 10740
further benefits, and shall withhold such unpaid sums from future 10741
benefit payments accruing and otherwise payable to such claimant. 10742
Effective with orders issued on or after January 1, 1993, if such 10743
benefits are not repaid within thirty days after the director's 10744
order becomes final, interest on the amount remaining unpaid shall 10745
be charged to the person at a rate and calculated in the same 10746
manner as provided under section 4141.23 of the Revised Code. When 10747
a person ordered to repay benefits has repaid all overpaid 10748
benefits according to a plan approved by the director, the 10749
director may cancel the amount of interest that accrued during the 10750
period of the repayment plan. The director may take action in any 10751
court of competent jurisdiction to collect benefits and interest 10752
as provided in sections 4141.23 and 4141.27 of the Revised Code, 10753
in regard to the collection of unpaid contributions, using the 10754
final repayment order as the basis for such action. Except as 10755
otherwise provided in this division, no administrative or legal 10756
proceedings for the collection of such benefits or interest due, 10757
or for the collection of a penalty under division (A)(4) of this 10758
section, shall be initiated after the expiration of six years from 10759
the date on which the director's order requiring repayment became 10760
final and the amount of any benefits, penalty, or interest not 10761
recovered at that time, and any liens thereon, shall be canceled 10762
as uncollectible. The time limit for instituting proceedings shall 10763
be extended by the period of any stay to the collection or by any 10764
other time period to which the parties mutually agree.10765

       (4) Shall, for findings made on or after October 21, 2013, by 10766
order assess a mandatory penalty on such a person in an amount 10767
equal to twenty-five per cent of the total amount of benefits 10768
rejected or canceled under division (A)(1) of this section. The 10769
first sixty per cent of each penalty collected under division 10770
(A)(4) of this section shall be deposited into the unemployment 10771
compensation fund created under section 4141.09 of the Revised 10772
Code, and theand shall be credited to the mutualized account, as 10773
provided in division (B)(2)(g) of section 4141.25 of the Revised 10774
Code. The remainder of each penalty collected shall be deposited 10775
into the unemployment compensation special administrative fund 10776
created under section 4141.11 of the Revised Code. 10777

       (5) May take action to collect benefits fraudulently obtained 10778
under the unemployment compensation law of any other state or the 10779
United States or Canada. Such action may be initiated in the 10780
courts of this state in the same manner as provided for unpaid 10781
contributions in section 4141.41 of the Revised Code.10782

       (6) May take action to collect benefits that have been 10783
fraudulently obtained from the director, interest pursuant to 10784
division (A)(3) of this section, and court costs, through 10785
attachment proceedings under Chapter 2715. of the Revised Code and 10786
garnishment proceedings under Chapter 2716. of the Revised Code.10787

       (B) If the director finds that an applicant for benefits has 10788
been credited with a waiting period or paid benefits to which the 10789
applicant was not entitled for reasons other than fraudulent 10790
misrepresentation, the director shall:10791

       (1)(a) Within six months after the determination under which 10792
the claimant was credited with that waiting period or paid 10793
benefits becomes final pursuant to section 4141.28 of the Revised 10794
Code, or within three years after the end of the benefit year in 10795
which such benefits were claimed, whichever is later, by order 10796
cancel such waiting period and require that such benefits be 10797
repaid to the director or be withheld from any benefits to which 10798
such applicant is or may become entitled before any additional 10799
benefits are paid, provided that the repayment or withholding 10800
shall not be required where the overpayment is the result of the 10801
director's correcting a prior decision due to a typographical or 10802
clerical error in the director's prior decision, or an error in an 10803
employer's report under division (G) of section 4141.28 of the 10804
Revised Code.10805

       (b) The limitation specified in division (B)(1)(a) of this 10806
section shall not apply to cases involving the retroactive payment 10807
of remuneration covering periods for which benefits were 10808
previously paid to the claimant. However, in such cases, the 10809
director's order requiring repayment shall not be issued unless 10810
the director is notified of such retroactive payment within six 10811
months from the date the retroactive payment was made to the 10812
claimant.10813

       (2) The director may, by reciprocal agreement with the United 10814
States secretary of labor or another state, recover overpayment 10815
amounts from unemployment benefits otherwise payable to an 10816
individual under Chapter 4141. of the Revised Code. Any 10817
overpayments made to the individual that have not previously been 10818
recovered under an unemployment benefit program of the United 10819
States may be recovered in accordance with section 303(g) of the 10820
"Social Security Act" and sections 3304(a)(4) and 3306(f) of the 10821
"Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A. 10822
3301 to 3311.10823

       (3) If the amounts required to be repaid under division (B) 10824
of this section are not recovered within three years from the date 10825
the director's order requiring payment became final, initiate no 10826
further action to collect such benefits and the amount of any 10827
benefits not recovered at that time shall be canceled as 10828
uncollectible, provided that the time limit for collection shall 10829
be extended by the period of any stay to the collection or by any 10830
other time period to which the parties mutually agree.10831

       (C) The appeal provisions of sections 4141.281 and 4141.282 10832
of the Revised Code shall apply to all orders and determinations 10833
issued under this section, except that an individual's right of 10834
appeal under division (B)(2) of this section shall be limited to 10835
this state's authority to recover overpayment of benefits.10836

       (D) If an individual makes a full repayment or a repayment 10837
that is less than the full amount required by this section, the 10838
director shall apply the repayment to the mutualized account under 10839
division (B) of section 4141.25 of the Revised Code, except that 10840
the director shall credit the repayment to the accounts of the 10841
individual's base period employers that previously have not been 10842
credited for the amount of improperly paid benefits charged 10843
against their accounts based on the proportion of benefits charged 10844
against the accounts as determined pursuant to division (D) of 10845
section 4141.24 of the Revised Code.10846

       The director shall deposit any repayment collected under this 10847
section that the director determines to be payment of interest or 10848
court costs into the unemployment compensation special 10849
administrative fund established pursuant to section 4141.11 of the 10850
Revised Code.10851

       This division does not apply to federalany of the following:10852

       (1) Federal tax refund offsets under 31 C.F.R. 285.8;10853

       (2) Unclaimed fund recoveries under section 131.024 of the 10854
Revised Code;10855

        (3) Lottery award offsets under section 3770.073 of the 10856
Revised Code;10857

        (4) State tax refund offsets under section 5747.12 of the 10858
Revised Code.10859

       Sec. 4511.191.  (A)(1) As used in this section:10860

        (a) "Physical control" has the same meaning as in section 10861
4511.194 of the Revised Code.10862

       (b) "Alcohol monitoring device" means any device that 10863
provides for continuous alcohol monitoring, any ignition interlock 10864
device, any immobilizing or disabling device other than an 10865
ignition interlock device that is constantly available to monitor 10866
the concentration of alcohol in a person's system, or any other 10867
device that provides for the automatic testing and periodic 10868
reporting of alcohol consumption by a person and that a court 10869
orders a person to use as a sanction imposed as a result of the 10870
person's conviction of or plea of guilty to an offense.10871

       (2) Any person who operates a vehicle, streetcar, or 10872
trackless trolley upon a highway or any public or private property 10873
used by the public for vehicular travel or parking within this 10874
state or who is in physical control of a vehicle, streetcar, or 10875
trackless trolley shall be deemed to have given consent to a 10876
chemical test or tests of the person's whole blood, blood serum or 10877
plasma, breath, or urine to determine the alcohol, drug of abuse, 10878
controlled substance, metabolite of a controlled substance, or 10879
combination content of the person's whole blood, blood serum or 10880
plasma, breath, or urine if arrested for a violation of division 10881
(A) or (B) of section 4511.19 of the Revised Code, section 10882
4511.194 of the Revised Code or a substantially equivalent 10883
municipal ordinance, or a municipal OVI ordinance.10884

       (3) The chemical test or tests under division (A)(2) of this 10885
section shall be administered at the request of a law enforcement 10886
officer having reasonable grounds to believe the person was 10887
operating or in physical control of a vehicle, streetcar, or 10888
trackless trolley in violation of a division, section, or 10889
ordinance identified in division (A)(2) of this section. The law 10890
enforcement agency by which the officer is employed shall 10891
designate which of the tests shall be administered.10892

       (4) Any person who is dead or unconscious, or who otherwise 10893
is in a condition rendering the person incapable of refusal, shall 10894
be deemed to have consented as provided in division (A)(2) of this 10895
section, and the test or tests may be administered, subject to 10896
sections 313.12 to 313.16 of the Revised Code.10897

       (5)(a) If a law enforcement officer arrests a person for a 10898
violation of division (A) or (B) of section 4511.19 of the Revised 10899
Code, section 4511.194 of the Revised Code or a substantially 10900
equivalent municipal ordinance, or a municipal OVI ordinance and 10901
if the person if convicted would be required to be sentenced under 10902
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised 10903
Code, the law enforcement officer shall request the person to 10904
submit, and the person shall submit, to a chemical test or tests 10905
of the person's whole blood, blood serum or plasma, breath, or 10906
urine for the purpose of determining the alcohol, drug of abuse, 10907
controlled substance, metabolite of a controlled substance, or 10908
combination content of the person's whole blood, blood serum or 10909
plasma, breath, or urine. A law enforcement officer who makes a 10910
request pursuant to this division that a person submit to a 10911
chemical test or tests is not required to advise the person of the 10912
consequences of submitting to, or refusing to submit to, the test 10913
or tests and is not required to give the person the form described 10914
in division (B) of section 4511.192 of the Revised Code, but the 10915
officer shall advise the person at the time of the arrest that if 10916
the person refuses to take a chemical test the officer may employ 10917
whatever reasonable means are necessary to ensure that the person 10918
submits to a chemical test of the person's whole blood or blood 10919
serum or plasma. The officer shall also advise the person at the 10920
time of the arrest that the person may have an independent 10921
chemical test taken at the person's own expense. Divisions (A)(3) 10922
and (4) of this section apply to the administration of a chemical 10923
test or tests pursuant to this division.10924

       (b) If a person refuses to submit to a chemical test upon a 10925
request made pursuant to division (A)(5)(a) of this section, the 10926
law enforcement officer who made the request may employ whatever 10927
reasonable means are necessary to ensure that the person submits 10928
to a chemical test of the person's whole blood or blood serum or 10929
plasma. A law enforcement officer who acts pursuant to this 10930
division to ensure that a person submits to a chemical test of the 10931
person's whole blood or blood serum or plasma is immune from 10932
criminal and civil liability based upon a claim for assault and 10933
battery or any other claim for the acts, unless the officer so 10934
acted with malicious purpose, in bad faith, or in a wanton or 10935
reckless manner.10936

       (B)(1) Upon receipt of the sworn report of a law enforcement 10937
officer who arrested a person for a violation of division (A) or 10938
(B) of section 4511.19 of the Revised Code, section 4511.194 of 10939
the Revised Code or a substantially equivalent municipal 10940
ordinance, or a municipal OVI ordinance that was completed and 10941
sent to the registrar of motor vehicles and a court pursuant to 10942
section 4511.192 of the Revised Code in regard to a person who 10943
refused to take the designated chemical test, the registrar shall 10944
enter into the registrar's records the fact that the person's 10945
driver's or commercial driver's license or permit or nonresident 10946
operating privilege was suspended by the arresting officer under 10947
this division and that section and the period of the suspension, 10948
as determined under this section. The suspension shall be subject 10949
to appeal as provided in section 4511.197 of the Revised Code. The 10950
suspension shall be for whichever of the following periods 10951
applies:10952

       (a) Except when division (B)(1)(b), (c), or (d) of this 10953
section applies and specifies a different class or length of 10954
suspension, the suspension shall be a class C suspension for the 10955
period of time specified in division (B)(3) of section 4510.02 of 10956
the Revised Code.10957

       (b) If the arrested person, within six years of the date on 10958
which the person refused the request to consent to the chemical 10959
test, had refused one previous request to consent to a chemical 10960
test or had been convicted of or pleaded guilty to one violation 10961
of division (A) or (B) of section 4511.19 of the Revised Code or 10962
one other equivalent offense, the suspension shall be a class B 10963
suspension imposed for the period of time specified in division 10964
(B)(2) of section 4510.02 of the Revised Code.10965

       (c) If the arrested person, within six years of the date on 10966
which the person refused the request to consent to the chemical 10967
test, had refused two previous requests to consent to a chemical 10968
test, had been convicted of or pleaded guilty to two violations of 10969
division (A) or (B) of section 4511.19 of the Revised Code or 10970
other equivalent offenses, or had refused one previous request to 10971
consent to a chemical test and also had been convicted of or 10972
pleaded guilty to one violation of division (A) or (B) of section 10973
4511.19 of the Revised Code or other equivalent offenses, which 10974
violation or offense arose from an incident other than the 10975
incident that led to the refusal, the suspension shall be a class 10976
A suspension imposed for the period of time specified in division 10977
(B)(1) of section 4510.02 of the Revised Code.10978

       (d) If the arrested person, within six years of the date on 10979
which the person refused the request to consent to the chemical 10980
test, had refused three or more previous requests to consent to a 10981
chemical test, had been convicted of or pleaded guilty to three or 10982
more violations of division (A) or (B) of section 4511.19 of the 10983
Revised Code or other equivalent offenses, or had refused a number 10984
of previous requests to consent to a chemical test and also had 10985
been convicted of or pleaded guilty to a number of violations of 10986
division (A) or (B) of section 4511.19 of the Revised Code or 10987
other equivalent offenses that cumulatively total three or more 10988
such refusals, convictions, and guilty pleas, the suspension shall 10989
be for five years.10990

       (2) The registrar shall terminate a suspension of the 10991
driver's or commercial driver's license or permit of a resident or 10992
of the operating privilege of a nonresident, or a denial of a 10993
driver's or commercial driver's license or permit, imposed 10994
pursuant to division (B)(1) of this section upon receipt of notice 10995
that the person has entered a plea of guilty to, or that the 10996
person has been convicted after entering a plea of no contest to, 10997
operating a vehicle in violation of section 4511.19 of the Revised 10998
Code or in violation of a municipal OVI ordinance, if the offense 10999
for which the conviction is had or the plea is entered arose from 11000
the same incident that led to the suspension or denial.11001

       The registrar shall credit against any judicial suspension of 11002
a person's driver's or commercial driver's license or permit or 11003
nonresident operating privilege imposed pursuant to section 11004
4511.19 of the Revised Code, or pursuant to section 4510.07 of the 11005
Revised Code for a violation of a municipal OVI ordinance, any 11006
time during which the person serves a related suspension imposed 11007
pursuant to division (B)(1) of this section.11008

       (C)(1) Upon receipt of the sworn report of the law 11009
enforcement officer who arrested a person for a violation of 11010
division (A) or (B) of section 4511.19 of the Revised Code or a 11011
municipal OVI ordinance that was completed and sent to the 11012
registrar and a court pursuant to section 4511.192 of the Revised 11013
Code in regard to a person whose test results indicate that the 11014
person's whole blood, blood serum or plasma, breath, or urine 11015
contained at least the concentration of alcohol specified in 11016
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the 11017
Revised Code or at least the concentration of a listed controlled 11018
substance or a listed metabolite of a controlled substance 11019
specified in division (A)(1)(j) of section 4511.19 of the Revised 11020
Code, the registrar shall enter into the registrar's records the 11021
fact that the person's driver's or commercial driver's license or 11022
permit or nonresident operating privilege was suspended by the 11023
arresting officer under this division and section 4511.192 of the 11024
Revised Code and the period of the suspension, as determined under 11025
divisions (C)(1)(a) to (d) of this section. The suspension shall 11026
be subject to appeal as provided in section 4511.197 of the 11027
Revised Code. The suspension described in this division does not 11028
apply to, and shall not be imposed upon, a person arrested for a 11029
violation of section 4511.194 of the Revised Code or a 11030
substantially equivalent municipal ordinance who submits to a 11031
designated chemical test. The suspension shall be for whichever of 11032
the following periods applies:11033

       (a) Except when division (C)(1)(b), (c), or (d) of this 11034
section applies and specifies a different period, the suspension 11035
shall be a class E suspension imposed for the period of time 11036
specified in division (B)(5) of section 4510.02 of the Revised 11037
Code.11038

       (b) The suspension shall be a class C suspension for the 11039
period of time specified in division (B)(3) of section 4510.02 of 11040
the Revised Code if the person has been convicted of or pleaded 11041
guilty to, within six years of the date the test was conducted, 11042
one violation of division (A) or (B) of section 4511.19 of the 11043
Revised Code or one other equivalent offense.11044

       (c) If, within six years of the date the test was conducted, 11045
the person has been convicted of or pleaded guilty to two 11046
violations of a statute or ordinance described in division 11047
(C)(1)(b) of this section, the suspension shall be a class B 11048
suspension imposed for the period of time specified in division 11049
(B)(2) of section 4510.02 of the Revised Code.11050

       (d) If, within six years of the date the test was conducted, 11051
the person has been convicted of or pleaded guilty to more than 11052
two violations of a statute or ordinance described in division 11053
(C)(1)(b) of this section, the suspension shall be a class A 11054
suspension imposed for the period of time specified in division 11055
(B)(1) of section 4510.02 of the Revised Code.11056

       (2) The registrar shall terminate a suspension of the 11057
driver's or commercial driver's license or permit of a resident or 11058
of the operating privilege of a nonresident, or a denial of a 11059
driver's or commercial driver's license or permit, imposed 11060
pursuant to division (C)(1) of this section upon receipt of notice 11061
that the person has entered a plea of guilty to, or that the 11062
person has been convicted after entering a plea of no contest to, 11063
operating a vehicle in violation of section 4511.19 of the Revised 11064
Code or in violation of a municipal OVI ordinance, if the offense 11065
for which the conviction is had or the plea is entered arose from 11066
the same incident that led to the suspension or denial.11067

       The registrar shall credit against any judicial suspension of 11068
a person's driver's or commercial driver's license or permit or 11069
nonresident operating privilege imposed pursuant to section 11070
4511.19 of the Revised Code, or pursuant to section 4510.07 of the 11071
Revised Code for a violation of a municipal OVI ordinance, any 11072
time during which the person serves a related suspension imposed 11073
pursuant to division (C)(1) of this section.11074

       (D)(1) A suspension of a person's driver's or commercial 11075
driver's license or permit or nonresident operating privilege 11076
under this section for the time described in division (B) or (C) 11077
of this section is effective immediately from the time at which 11078
the arresting officer serves the notice of suspension upon the 11079
arrested person. Any subsequent finding that the person is not 11080
guilty of the charge that resulted in the person being requested 11081
to take the chemical test or tests under division (A) of this 11082
section does not affect the suspension.11083

       (2) If a person is arrested for operating a vehicle, 11084
streetcar, or trackless trolley in violation of division (A) or 11085
(B) of section 4511.19 of the Revised Code or a municipal OVI 11086
ordinance, or for being in physical control of a vehicle, 11087
streetcar, or trackless trolley in violation of section 4511.194 11088
of the Revised Code or a substantially equivalent municipal 11089
ordinance, regardless of whether the person's driver's or 11090
commercial driver's license or permit or nonresident operating 11091
privilege is or is not suspended under division (B) or (C) of this 11092
section or Chapter 4510. of the Revised Code, the person's initial 11093
appearance on the charge resulting from the arrest shall be held 11094
within five days of the person's arrest or the issuance of the 11095
citation to the person, subject to any continuance granted by the 11096
court pursuant to section 4511.197 of the Revised Code regarding 11097
the issues specified in that division.11098

       (E) When it finally has been determined under the procedures 11099
of this section and sections 4511.192 to 4511.197 of the Revised 11100
Code that a nonresident's privilege to operate a vehicle within 11101
this state has been suspended, the registrar shall give 11102
information in writing of the action taken to the motor vehicle 11103
administrator of the state of the person's residence and of any 11104
state in which the person has a license.11105

       (F) At the end of a suspension period under this section, 11106
under section 4511.194, section 4511.196, or division (G) of 11107
section 4511.19 of the Revised Code, or under section 4510.07 of 11108
the Revised Code for a violation of a municipal OVI ordinance and 11109
upon the request of the person whose driver's or commercial 11110
driver's license or permit was suspended and who is not otherwise 11111
subject to suspension, cancellation, or disqualification, the 11112
registrar shall return the driver's or commercial driver's license 11113
or permit to the person upon the occurrence of all of the 11114
conditions specified in divisions (F)(1) and (2) of this section:11115

       (1) A showing that the person has proof of financial 11116
responsibility, a policy of liability insurance in effect that 11117
meets the minimum standards set forth in section 4509.51 of the 11118
Revised Code, or proof, to the satisfaction of the registrar, that 11119
the person is able to respond in damages in an amount at least 11120
equal to the minimum amounts specified in section 4509.51 of the 11121
Revised Code.11122

       (2) Subject to the limitation contained in division (F)(3) of 11123
this section, payment by the person to the registrar or an 11124
eligible deputy registrar of a license reinstatement fee of four 11125
hundred seventy-five dollars, which fee. The registrar or deputy 11126
registrar shall be depositeddeposit the fee in the state treasury 11127
andto be credited as follows:11128

       (a) One hundred twelve dollars and fifty cents shall be 11129
credited to the statewide treatment and prevention fund created by 11130
section 4301.30 of the Revised Code. Money credited to the fund 11131
under this section shall be used for purposes identified under 11132
section 5119.22 of the Revised Code. 11133

       (b) Seventy-five dollars shall be credited to the reparations 11134
fund created by section 2743.191 of the Revised Code.11135

       (c) Thirty-seven dollars and fifty cents shall be credited to 11136
the indigent drivers alcohol treatment fund, which is hereby 11137
established in the state treasury. Except as otherwise provided in 11138
division (F)(2)(c) of this section, moneys in the fund shall be 11139
distributed by theThe department of mental health and addiction 11140
services shall distribute the moneys in that fund to the county 11141
indigent drivers alcohol treatment funds, the county juvenile 11142
indigent drivers alcohol treatment funds, and the municipal 11143
indigent drivers alcohol treatment funds that are required to be 11144
established by counties and municipal corporations pursuant to 11145
division (H) of this section, and shallto be used only to pay 11146
the cost of an alcohol and drug addiction treatment program 11147
attended by an offender or juvenile traffic offender who is 11148
ordered to attend an alcohol and drug addiction treatment program 11149
by a county, juvenile, or municipal court judge and who is 11150
determined by the county, juvenile, or municipal court judge not 11151
to have the means to pay for the person's attendance at the 11152
program or to pay the costs specified in division (H)(4) of this 11153
section in accordance with that division. In addition, a county, 11154
juvenile, or municipal court judge may use moneys in the county 11155
indigent drivers alcohol treatment fund, county juvenile indigent 11156
drivers alcohol treatment fund, or municipal indigent drivers 11157
alcohol treatment fund to pay for the cost of the continued use of 11158
an alcohol monitoring device as described in divisions (H)(3) and 11159
(4) of this sectionas provided in division (H)(3) of this 11160
section. Moneys in the fund that are not distributed to a county 11161
indigent drivers alcohol treatment fund, a county juvenile 11162
indigent drivers alcohol treatment fund, or a municipal indigent 11163
drivers alcohol treatment fund under division (H) of this section 11164
because the director of mental health and addiction services does 11165
not have the information necessary to identify the county or 11166
municipal corporation where the offender or juvenile offender was 11167
arrested may be transferred by the director of budget and 11168
management to the statewide treatment and prevention fund created 11169
by section 4301.30 of the Revised Code, upon certification of the 11170
amount by the director of mental health and addiction services.11171

       (d) Seventy-five dollars shall be credited to the 11172
opportunities for Ohioans with disabilities agency established by 11173
section 3304.15 of the Revised Code, to the services for 11174
rehabilitation fund, which is hereby established. The fund shall 11175
be used to match available federal matching funds where 11176
appropriate, and for any other purpose or program of the agency to 11177
rehabilitate persons with disabilities to help them become 11178
employed and independent.11179

       (e) Seventy-five dollars shall be deposited into the state 11180
treasury and credited to the drug abuse resistance education 11181
programs fund, which is hereby established, to be used by the 11182
attorney general for the purposes specified in division (F)(4) of 11183
this section.11184

       (f) Thirty dollars shall be credited to the state bureau of 11185
motor vehicles fund created by section 4501.25 of the Revised 11186
Code.11187

       (g) Twenty dollars shall be credited to the trauma and 11188
emergency medical services fund created by section 4513.263 of the 11189
Revised Code.11190

       (h) Fifty dollars shall be credited to the indigent drivers 11191
interlock and alcohol monitoring fund, which is hereby established 11192
in the state treasury. Moneys in the fund shall be distributed by 11193
the department of public safety to the county indigent drivers 11194
interlock and alcohol monitoring funds, the county juvenile 11195
indigent drivers interlock and alcohol monitoring funds, and the 11196
municipal indigent drivers interlock and alcohol monitoring funds 11197
that are required to be established by counties and municipal 11198
corporations pursuant to this section, and shall be used only to 11199
pay the cost of an immobilizing or disabling device, including a 11200
certified ignition interlock device, or an alcohol monitoring 11201
device used by an offender or juvenile offender who is ordered to 11202
use the device by a county, juvenile, or municipal court judge and 11203
who is determined by the county, juvenile, or municipal court 11204
judge not to have the means to pay for the person's use of the 11205
device.11206

       (3) If a person's driver's or commercial driver's license or 11207
permit is suspended under this section, under section 4511.196 or 11208
division (G) of section 4511.19 of the Revised Code, under section 11209
4510.07 of the Revised Code for a violation of a municipal OVI 11210
ordinance or under any combination of the suspensions described in 11211
division (F)(3) of this section, and if the suspensions arise from 11212
a single incident or a single set of facts and circumstances, the 11213
person is liable for payment of, and shall be required to pay to 11214
the registrar or an eligible deputy registrar, only one 11215
reinstatement fee of four hundred seventy-five dollars. The 11216
reinstatement fee shall be distributed by the bureau in accordance 11217
with division (F)(2) of this section.11218

       (4) The attorney general shall use amounts in the drug abuse 11219
resistance education programs fund to award grants to law 11220
enforcement agencies to establish and implement drug abuse 11221
resistance education programs in public schools. Grants awarded to 11222
a law enforcement agency under this section shall be used by the 11223
agency to pay for not more than fifty per cent of the amount of 11224
the salaries of law enforcement officers who conduct drug abuse 11225
resistance education programs in public schools. The attorney 11226
general shall not use more than six per cent of the amounts the 11227
attorney general's office receives under division (F)(2)(e) of 11228
this section to pay the costs it incurs in administering the grant 11229
program established by division (F)(2)(e) of this section and in 11230
providing training and materials relating to drug abuse resistance 11231
education programs.11232

       The attorney general shall report to the governor and the 11233
general assembly each fiscal year on the progress made in 11234
establishing and implementing drug abuse resistance education 11235
programs. These reports shall include an evaluation of the 11236
effectiveness of these programs.11237

       (5) In addition to the reinstatement fee under this section, 11238
if the person pays the reinstatement fee to a deputy registrar, 11239
the deputy registrar shall collect a service fee of ten dollars to 11240
compensate the deputy registrar for services performed under this 11241
section. The deputy registrar shall retain eight dollars of the 11242
service fee and shall transmit the reinstatement fee, plus two 11243
dollars of the service fee, to the registrar in the manner the 11244
registrar shall determine.11245

       (G) Suspension of a commercial driver's license under 11246
division (B) or (C) of this section shall be concurrent with any 11247
period of disqualification under section 3123.611 or 4506.16 of 11248
the Revised Code or any period of suspension under section 3123.58 11249
of the Revised Code. No person who is disqualified for life from 11250
holding a commercial driver's license under section 4506.16 of the 11251
Revised Code shall be issued a driver's license under Chapter 11252
4507. of the Revised Code during the period for which the 11253
commercial driver's license was suspended under division (B) or 11254
(C) of this section. No person whose commercial driver's license 11255
is suspended under division (B) or (C) of this section shall be 11256
issued a driver's license under Chapter 4507. of the Revised Code 11257
during the period of the suspension.11258

       (H)(1) Each county shall establish an indigent drivers 11259
alcohol treatment fund, each county shall establishand a juvenile 11260
indigent drivers alcohol treatment fund, and each. Each municipal 11261
corporation in which there is a municipal court shall establish an 11262
indigent drivers alcohol treatment fund. All revenue that the 11263
general assembly appropriates to the indigent drivers alcohol 11264
treatment fund for transfer to a county indigent drivers alcohol 11265
treatment fund, a county juvenile indigent drivers alcohol 11266
treatment fund, or a municipal indigent drivers alcohol treatment 11267
fund, all portions of fees that are paid under division (F) of 11268
this section and that are credited under that division to the 11269
indigent drivers alcohol treatment fund in the state treasury for 11270
a county indigent drivers alcohol treatment fund, a county 11271
juvenile indigent drivers alcohol treatment fund, or a municipal 11272
indigent drivers alcohol treatment fund, all portions of 11273
additional costs imposed under section 2949.094 of the Revised 11274
Code that are specified for deposit into a county, county 11275
juvenile, or municipal indigent drivers alcohol treatment fund by 11276
that section, and all portions of fines that are specified for 11277
deposit into a county or municipal indigent drivers alcohol 11278
treatment fund by section 4511.193 of the Revised Code shall be 11279
deposited into that county indigent drivers alcohol treatment 11280
fund, county juvenile indigent drivers alcohol treatment fund, or 11281
municipal indigent drivers alcohol treatment fund. The portions of 11282
the fees paid under division (F) of this section that are to be so 11283
deposited shall be determined in accordance with division (H)(2) 11284
of this section. Additionally, all portions of fines that are paid 11285
for a violation of section 4511.19 of the Revised Code or of any 11286
prohibition contained in Chapter 4510. of the Revised Code, and 11287
that are required under section 4511.19 or any provision of 11288
Chapter 4510. of the Revised Code to be deposited into a county 11289
indigent drivers alcohol treatment fund or municipal indigent 11290
drivers alcohol treatment fund shall be deposited into the 11291
appropriate fund in accordance with the applicable division of the 11292
section or provision.11293

       The treasurer of state or other appropriate official, as 11294
applicable, shall transfer the following into each county indigent 11295
drivers alcohol treatment fund, county juvenile indigent drivers 11296
alcohol treatment fund, or municipal indigent drivers alcohol 11297
treatment fund, as applicable:11298

        (a) All revenue the general assembly appropriates to the 11299
indigent drivers alcohol treatment fund for transfer into such a 11300
fund;11301

        (b) All portions of fees paid under division (F) of this 11302
section that, in accordance with division (H)(2) of this section, 11303
are credited to the indigent drivers alcohol treatment fund for 11304
deposit into such a fund;11305

        (c) All portions of additional costs imposed under section 11306
2949.094 of the Revised Code that are required to be deposited 11307
into such a fund;11308

        (d) All portions of fines that are required to be deposited 11309
into such a fund under section 4511.193 of the Revised Code;11310

        (e) All portions of fines paid under section 4511.19 of the 11311
Revised Code or Chapter 4510. of the Revised Code that are 11312
required to be paid into such a fund. 11313

       (2) That portion of the license reinstatement fee that is 11314
paid under division (F) of this section and that is credited under 11315
that division to the indigent drivers alcohol treatment fund shall 11316
be deposited into a county indigent drivers alcohol treatment 11317
fund, a county juvenile indigent drivers alcohol treatment fund, 11318
or a municipal indigent drivers alcohol treatment fund as follows:11319

       (a) Regarding a suspension imposed under this section, that 11320
portion of the fee shall be deposited as follows:11321

       (i) If the fee is paid by a person who was charged in a 11322
county court with the violation that resulted in the suspension or 11323
in the imposition of the court costs, the portion shall be 11324
deposited into the county indigent drivers alcohol treatment fund 11325
under the control of that court;11326

       (ii) If the fee is paid by a person who was charged in a 11327
juvenile court with the violation that resulted in the suspension 11328
or in the imposition of the court costs, the portion shall be 11329
deposited into the county juvenile indigent drivers alcohol 11330
treatment fund established in the county served by the court;11331

       (iii) If the fee is paid by a person who was charged in a 11332
municipal court with the violation that resulted in the suspension 11333
or in the imposition of the court costs, the portion shall be 11334
deposited into the municipal indigent drivers alcohol treatment 11335
fund under the control of that court.11336

       (b) Regarding a suspension imposed under section 4511.19 of 11337
the Revised Code or under section 4510.07 of the Revised Code for 11338
a violation of a municipal OVI ordinance, that portion of the fee 11339
shall be deposited as follows:11340

       (i) If the fee is paid by a person whose license or permit 11341
was suspended by a county court, the portion shall be deposited 11342
into the county indigent drivers alcohol treatment fund under the 11343
control of that court;11344

       (ii) If the fee is paid by a person whose license or permit 11345
was suspended by a municipal court, the portion shall be deposited 11346
into the municipal indigent drivers alcohol treatment fund under 11347
the control of that court.11348

       (3) Expenditures(a) As used in division (H)(3) of this 11349
section, "indigent person" means a person who is convicted of, or 11350
found to be a juvenile traffic offender by reason of, a violation 11351
of division (A) of section 4511.19 of the Revised Code or a 11352
substantially similar municipal ordinance, who is ordered by the 11353
court to attend an alcohol and drug addiction treatment program, 11354
and who is determined by the court under division (H)(5) of this 11355
section to be unable to pay the cost of the assessment or the cost 11356
of attendance at the treatment program.11357

        (b) A county, juvenile, or municipal court judge, by order, 11358
may make expenditures from a county indigent drivers alcohol 11359
treatment fund, a county juvenile indigent drivers alcohol 11360
treatment fund, or a municipal indigent drivers alcohol treatment 11361
fund shall be made only upon the order of a county, juvenile, or 11362
municipal court judge and only for payment of the cost of an 11363
assessment or the cost of the attendance at an alcohol and drug 11364
addiction treatment program of awith respect to an indigent11365
person who is convicted of, or found to be a juvenile traffic 11366
offender by reason of, a violation of division (A) of section 11367
4511.19 of the Revised Code or a substantially similar municipal 11368
ordinance, who is ordered by the court to attend the alcohol and 11369
drug addiction treatment program, and who is determined by the 11370
court to be unable to pay the cost of the assessment or the cost 11371
of attendance at the treatment program or for payment of the costs 11372
specified in division (H)(4) of this section in accordance with 11373
that division. Thefor any of the following:11374

       (i) To pay the cost of an assessment that is conducted by an 11375
appropriately licensed clinician at either a driver intervention 11376
program that is certified under section 5119.38 of the Revised 11377
Code or at a community addiction services provider that is 11378
certified under section 5119.36 of the Revised Code; 11379

       (ii) To pay the cost of alcohol addiction services, drug 11380
addiction services, or integrated alcohol and drug addiction 11381
services at a community addiction services provider that is 11382
certified under section 5119.36 of the Revised Code;11383

       (iii) To pay the cost of transportation to attend an 11384
assessment as provided under division (H)(3)(b)(i) of this section 11385
or addiction services as provided under division (H)(3)(b)(ii) of 11386
this section.11387

        The alcohol and drug addiction services board or the board of 11388
alcohol, drug addiction, and mental health services established 11389
pursuant to section 340.02 or 340.021 of the Revised Code and 11390
serving the alcohol, drug addiction, and mental health service 11391
district in which the court is located shall administer the 11392
indigent drivers alcohol treatment program of the court. When a 11393
court orders an offender or juvenile traffic offender to obtain an 11394
assessment or attend an alcohol and drug addiction treatment 11395
program, the board shall determine which program is suitable to 11396
meet the needs of the offender or juvenile traffic offender, and 11397
when a suitable program is located and space is available at the 11398
program, the offender or juvenile traffic offender shall attend 11399
the program designated by the board. A reasonable amount not to 11400
exceed five per cent of the amounts credited to and deposited into 11401
the county indigent drivers alcohol treatment fund, the county 11402
juvenile indigent drivers alcohol treatment fund, or the municipal 11403
indigent drivers alcohol treatment fund serving every court whose 11404
program is administered by that board shall be paid to the board 11405
to cover the costs it incurs in administering those indigent 11406
drivers alcohol treatment programs.11407

       In addition, upon(c) Upon exhaustion of moneys in the 11408
indigent drivers interlock and alcohol monitoring fund for the use 11409
of an alcohol monitoring device, a county, juvenile, or municipal 11410
court judge may use moneys in the county indigent drivers alcohol 11411
treatment fund, county juvenile indigent drivers alcohol treatment 11412
fund, or municipal indigent drivers alcohol treatment fund in 11413
either of the following manners:11414

       (a)(i) If the source of the moneys was an appropriation of 11415
the general assembly, a portion of a fee that was paid under 11416
division (F) of this section, a portion of a fine that was 11417
specified for deposit into the fund by section 4511.193 of the 11418
Revised Code, or a portion of a fine that was paid for a violation 11419
of section 4511.19 of the Revised Code or of a provision contained 11420
in Chapter 4510. of the Revised Code that was required to be 11421
deposited into the fund, to pay for the continued use of an 11422
alcohol monitoring device by an offender or juvenile traffic 11423
offender, in conjunction with a treatment program approved by the 11424
department of mental health and addiction services, when such use 11425
is determined clinically necessary by the treatment program and 11426
when the court determines that the offender or juvenile traffic 11427
offender is unable to pay all or part of the daily monitoring or 11428
cost of the device;11429

       (b)(ii) If the source of the moneys was a portion of an 11430
additional court cost imposed under section 2949.094 of the 11431
Revised Code, to pay for the continued use of an alcohol 11432
monitoring device by an offender or juvenile traffic offender when 11433
the court determines that the offender or juvenile traffic 11434
offender is unable to pay all or part of the daily monitoring or 11435
cost of the device. The moneys may be used for a device as 11436
described in this division if the use of the device is in 11437
conjunction with a treatment program approved by the department of 11438
mental health and addiction services, when the use of the device 11439
is determined clinically necessary by the treatment program, but 11440
the use of a device is not required to be in conjunction with a 11441
treatment program approved by the department in order for the 11442
moneys to be used for the device as described in this division.11443

       (4) If a county, juvenile, or municipal court determines, in 11444
consultation with the alcohol and drug addiction services board or 11445
the board of alcohol, drug addiction, and mental health services 11446
established pursuant to section 340.02 or 340.021 of the Revised 11447
Code and serving the alcohol, drug addiction, and mental health 11448
district in which the court is located, that the funds in the 11449
county indigent drivers alcohol treatment fund, the county 11450
juvenile indigent drivers alcohol treatment fund, or the municipal 11451
indigent drivers alcohol treatment fund under the control of the 11452
court are more than sufficient to satisfy the purpose for which 11453
the fund was established, as specified in divisions (H)(1) to (3) 11454
of this section, the court may declare a surplus in the fund. If 11455
the court declares a surplus in the fund, the court may expend11456
take any of the following actions with regard to the amount of the 11457
surplus in the fund for:11458

       (a) AlcoholExpend any of the surplus amount for alcohol and 11459
drug abuse assessment and treatment, and for the cost of 11460
transportation related to assessment and treatment, of persons who 11461
are charged in the court with committing a criminal offense or 11462
with being a delinquent child or juvenile traffic offender and in 11463
relation to whom both of the following apply:11464

       (i) The court determines that substance abuse was a 11465
contributing factor leading to the criminal or delinquent activity 11466
or the juvenile traffic offense with which the person is charged.11467

       (ii) The court determines that the person is unable to pay 11468
the cost of the alcohol and drug abuse assessment and treatment 11469
for which the surplus money will be used.11470

       (b) AllExpend any of the surplus amount to pay all or part 11471
of the cost of purchasing alcohol monitoring devices to be used in 11472
conjunction with division (H)(3)(c) of this section, upon 11473
exhaustion of moneys in the indigent drivers interlock and alcohol 11474
monitoring fund for the use of an alcohol monitoring device.11475

       (c) Transfer to another court in the same county any of the 11476
surplus amount to be utilized in a manner consistent with division 11477
(H)(3) of this section. If surplus funds are transferred to 11478
another court, the court that transfers the funds shall notify the 11479
alcohol and drug addiction services board or the board of alcohol, 11480
drug addiction, and mental health services that serves the 11481
alcohol, drug addiction, and mental health service district in 11482
which that court is located.11483

        (d) Transfer to the alcohol and drug addiction services board 11484
or the board of alcohol, drug addiction, and mental health 11485
services that serves the alcohol, drug addiction, and mental 11486
health service district in which the court is located any of the 11487
surplus amount to be utilized in a manner consistent with division 11488
(H)(3) of this section or for board contracted recovery support 11489
services. 11490

       (5) For the purpose of determining as described in division 11491
(F)(2)(c) of this section whetherIn order to determine if an 11492
offender does not have the means to pay for the offender's 11493
attendance at an alcohol and drug addiction treatment program for 11494
purposes of division (H)(3) of this section or whetherif an 11495
alleged offender or delinquent child is unable to pay the costs 11496
specified in division (H)(4) of this section, the court shall use 11497
the indigent client eligibility guidelines and the standards of 11498
indigency established by the state public defender to make the 11499
determination.11500

       (6) The court shall identify and refer any community 11501
addiction services provider that is not certified under section 11502
5119.36 of the Revised Code and that is interested in receiving 11503
amounts from the surplus in the fund declared under division 11504
(H)(4) of this section to the department of mental health and 11505
addiction services in order for the services provider to become a 11506
certified community addiction services provider. The department 11507
shall keep a record of applicant referrals received pursuant to 11508
this division and shall submit a report on the referrals each year 11509
to the general assembly. If a services provider interested in 11510
becoming certified makes an application to become certified 11511
pursuant to section 5119.36 of the Revised Code, the services 11512
provider is eligible to receive surplus funds as long as the 11513
application is pending with the department. The department of 11514
mental health and addiction services must offer technical 11515
assistance to the applicant. If the interested services provider 11516
withdraws the certification application, the department must 11517
notify the court, and the court shall not provide the interested 11518
services provider with any further surplus funds.11519

       (7)(a) Each alcohol and drug addiction services board and 11520
board of alcohol, drug addiction, and mental health services 11521
established pursuant to section 340.02 or 340.021 of the Revised 11522
Code shall submit to the department of mental health and addiction 11523
services an annual report for each indigent drivers alcohol 11524
treatment fund in that board's area. 11525

       (b) The report, which shall be submitted not later than sixty 11526
days after the end of the state fiscal year, shall provide the 11527
total payment that was made from the fund, including the number of 11528
indigent consumers that received treatment services and the number 11529
of indigent consumers that received an alcohol monitoring device. 11530
The report shall identify the treatment program and expenditure 11531
for an alcohol monitoring device for which that payment was made. 11532
The report shall include the fiscal year balance of each indigent 11533
drivers alcohol treatment fund located in that board's area. In 11534
the event that a surplus is declared in the fund pursuant to 11535
division (H)(4) of this section, the report also shall provide the 11536
total payment that was made from the surplus moneys and identify 11537
the treatment program and expenditure for an alcohol monitoring 11538
deviceauthorized purpose for which that payment was made. 11539

       (c) If a board is unable to obtain adequate information to 11540
develop the report to submit to the department for a particular 11541
indigent drivers alcohol treatment fund, the board shall submit a 11542
report detailing the effort made in obtaining the information.11543

       (I)(1) Each county shall establish an indigent drivers 11544
interlock and alcohol monitoring fund and a juvenile indigent 11545
drivers interlock and alcohol treatment fund, and each. Each11546
municipal corporation in which there is a municipal court shall 11547
establish an indigent drivers interlock and alcohol monitoring 11548
fund. All revenue that the general assembly appropriates to the 11549
indigent drivers interlock and alcohol monitoring fund for 11550
transfer to a county indigent drivers interlock and alcohol 11551
monitoring fund, a county juvenile indigent drivers interlock and 11552
alcohol monitoring fund, or a municipal indigent drivers interlock 11553
and alcohol monitoring fund, all portions of license reinstatement 11554
fees that are paid under division (F)(2) of this section and that 11555
are credited under that division to the indigent drivers interlock 11556
and alcohol monitoring fund in the state treasury, and all 11557
portions of fines that are paid under division (G) of section 11558
4511.19 of the Revised Code and that are credited by division 11559
(G)(5)(e) of that section to the indigent drivers interlock and 11560
alcohol monitoring fund in the state treasury shall be deposited 11561
in the appropriate fund in accordance with division (I)(2) of this 11562
section.11563

       The treasurer of state shall transfer the following into each 11564
county indigent drivers interlock and alcohol monitoring fund, 11565
county juvenile indigent drivers interlock and alcohol monitoring 11566
fund, or municipal indigent drivers interlock and alcohol 11567
monitoring fund, as applicable:11568

       (a) All revenue the general assembly appropriates to the 11569
indigent drivers interlock and alcohol monitoring fund for 11570
transfer into such a fund;11571

       (b) All portions of license reinstatement fees paid under 11572
division (F)(2) of this section that, in accordance with division 11573
(I)(2) of this section, are credited to the indigent drivers 11574
interlock and alcohol monitoring fund for deposit into a such 11575
fund;11576

       (c) All portions of fines that are paid under division (G) of 11577
section 4511.19 of the Revised Code and are credited by division 11578
(G)(5)(e) of that section to the indigent drivers interlock and 11579
alcohol monitoring fund for deposit into such a fund in accordance 11580
with division (I)(2) of this section.11581

       (2) That portion of the license reinstatement fee that is 11582
paid under division (F) of this section and that portion of the 11583
fine paid under division (G) of section 4511.19 of the Revised 11584
Code and that is credited under either division to the indigent 11585
drivers interlock and alcohol monitoring fund shall be deposited 11586
into a county indigent drivers interlock and alcohol monitoring 11587
fund, a county juvenile indigent drivers interlock and alcohol 11588
monitoring fund, or a municipal indigent drivers interlock and 11589
alcohol monitoring fund as follows:11590

       (a) If the fee or fine is paid by a person who was charged in 11591
a county court with the violation that resulted in the suspension 11592
or fine, the portion shall be deposited into the county indigent 11593
drivers interlock and alcohol monitoring fund under the control of 11594
that court.11595

       (b) If the fee or fine is paid by a person who was charged in 11596
a juvenile court with the violation that resulted in the 11597
suspension or fine, the portion shall be deposited into the county 11598
juvenile indigent drivers interlock and alcohol monitoring fund 11599
established in the county served by the court.11600

       (c) If the fee or fine is paid by a person who was charged in 11601
a municipal court with the violation that resulted in the 11602
suspension, the portion shall be deposited into the municipal 11603
indigent drivers interlock and alcohol monitoring fund under the 11604
control of that court.11605

       (3) If a county, juvenile, or municipal court determines that 11606
the funds in the county indigent drivers interlock and alcohol 11607
monitoring fund, the county juvenile indigent drivers interlock 11608
and alcohol monitoring fund, or the municipal indigent drivers 11609
interlock and alcohol monitoring fund under the control of that 11610
court are more than sufficient to satisfy the purpose for which 11611
the fund was established as specified in division (F)(2)(h) of 11612
this section, the court may declare a surplus in the fund. The 11613
court then may order the transfer of a specified amount into the 11614
county indigent drivers alcohol treatment fund, the county 11615
juvenile indigent drivers alcohol treatment fund, or the municipal 11616
indigent drivers alcohol treatment fund under the control of that 11617
court to be utilized in accordance with division (H) of this 11618
section. 11619

       Sec. 4729.03.  The state board of pharmacy shall organize by 11620
electing a president and a vice-president who are members of the 11621
board. The president shall preside over the meetings of the board, 11622
but shall not vote upon matters determined by the board, except in 11623
the event of a tie vote, in which case the president shall vote. 11624
The board shall also employ an executive director who is a 11625
licensed pharmacist in good standing in the practice of pharmacy 11626
in this state. The person employed shall not be a member of the 11627
board. Each of the officers elected shall serve for a term of one 11628
year. The members of the board shall receive an amount fixed 11629
pursuant to division (J) of section 124.15 of the Revised Code for 11630
each day employed in the discharge of their official duties and 11631
their necessary expenses while engaged therein.11632

       Sec. 4729.54.  (A) As used in this section and section 11633
4729.541 of the Revised Code:11634

       (1) "Category I" means single-dose injections of intravenous 11635
fluids, including saline, Ringer's lactate, five per cent dextrose 11636
and distilled water, and other intravenous fluids or parenteral 11637
solutions included in this category by rule of the state board of 11638
pharmacy, that have a volume of one hundred milliliters or more 11639
and that contain no added substances, or single-dose injections of 11640
epinephrine to be administered pursuant to sections 4765.38 and 11641
4765.39 of the Revised Code.11642

       (2) "Category II" means any dangerous drug that is not 11643
included in category I or III.11644

       (3) "Category III" means any controlled substance that is 11645
contained in schedule I, II, III, IV, or V.11646

       (4) "Emergency medical service organization" has the same 11647
meaning as in section 4765.01 of the Revised Code.11648

       (5) "Person" includes an emergency medical service 11649
organization.11650

       (6) "Schedule I, schedule II, schedule III, schedule IV, and 11651
schedule V" mean controlled substance schedules I, II, III, IV, 11652
and V, respectively, as established pursuant to section 3719.41 of 11653
the Revised Code and as amended.11654

       (B)(1) A person who desires to be licensed as a terminal 11655
distributor of dangerous drugs shall file with the executive 11656
director of the state board of pharmacy a verified application. 11657
After it is filed, the application may not be withdrawn without 11658
approval of the board.11659

       (2) An application shall contain all the following that apply 11660
in the applicant's case:11661

       (a) Information that the board requires relative to the 11662
qualifications of a terminal distributor of dangerous drugs set 11663
forth in section 4729.55 of the Revised Code;11664

       (b) A statement that the person wishes to be licensed as a 11665
category I, category II, category III, limited category I, limited 11666
category II, or limited category III terminal distributor of 11667
dangerous drugs;11668

       (c) If the person wishes to be licensed as a limited category 11669
I, limited category II, or limited category III terminal 11670
distributor of dangerous drugs, a notarized list of the dangerous 11671
drugs that the person wishes to possess, have custody or control 11672
of, and distribute, which list shall also specify the purpose for 11673
which those drugs will be used and their source;11674

       (d) If the person is an emergency medical service 11675
organization, the information that is specified in division (C)(1) 11676
of this section;11677

       (e) Except for an emergency medical service organization, the 11678
identity of the one establishment or place at which the person 11679
intends to engage in the sale or other distribution of dangerous 11680
drugs at retail, and maintain possession, custody, or control of 11681
dangerous drugs for purposes other than the person's own use or 11682
consumption;11683

       (f) If the application pertains to a pain management clinic, 11684
information that demonstrates, to the satisfaction of the board, 11685
compliance with division (A) of section 4729.552 of the Revised 11686
Code.11687

       (C)(1) An emergency medical service organization that wishes 11688
to be licensed as a terminal distributor of dangerous drugs shall 11689
list in its application for licensure the following additional 11690
information:11691

       (a) The units under its control that the organization 11692
determines will possess dangerous drugs for the purpose of 11693
administering emergency medical services in accordance with 11694
Chapter 4765. of the Revised Code;11695

       (b) With respect to each such unit, whether the dangerous 11696
drugs that the organization determines the unit will possess are 11697
in category I, II, or III.11698

       (2) An emergency medical service organization that is 11699
licensed as a terminal distributor of dangerous drugs shall file a 11700
new application for such licensure if there is any change in the 11701
number, or location of, any of its units or any change in the 11702
category of the dangerous drugs that any unit will possess.11703

       (3) A unit listed in an application for licensure pursuant to 11704
division (C)(1) of this section may obtain the dangerous drugs it 11705
is authorized to possess from its emergency medical service 11706
organization or, on a replacement basis, from a hospital pharmacy. 11707
If units will obtain dangerous drugs from a hospital pharmacy, the 11708
organization shall file, and maintain in current form, the 11709
following items with the pharmacist who is responsible for the 11710
hospital's terminal distributor of dangerous drugs license:11711

       (a) A copy of its standing orders or protocol;11712

       (b) A list of the personnel employed or used by the 11713
organization to provide emergency medical services in accordance 11714
with Chapter 4765. of the Revised Code, who are authorized to 11715
possess the drugs, which list also shall indicate the personnel 11716
who are authorized to administer the drugs.11717

       (D) Each emergency medical service organization that applies 11718
for a terminal distributor of dangerous drugs license shall submit 11719
with its application the following:11720

       (1) A notarized copy of its standing orders or protocol, 11721
which orders or protocol shall be signed by a physician and 11722
specify the dangerous drugs that its units may carry, expressed in 11723
standard dose units;11724

       (2) A list of the personnel employed or used by the 11725
organization to provide emergency medical services in accordance 11726
with Chapter 4765. of the Revised Code.11727

       An emergency medical service organization that is licensed as 11728
a terminal distributor shall notify the board immediately of any 11729
changes in its standing orders or protocol.11730

       (E) There shall be six categories of terminal distributor of 11731
dangerous drugs licenses, which categories shall be as follows:11732

       (1) Category I license. A person who obtains this license may 11733
possess, have custody or control of, and distribute only the 11734
dangerous drugs described in category I.11735

       (2) Limited category I license. A person who obtains this 11736
license may possess, have custody or control of, and distribute 11737
only the dangerous drugs described in category I that were listed 11738
in the application for licensure.11739

       (3) Category II license. A person who obtains this license 11740
may possess, have custody or control of, and distribute only the 11741
dangerous drugs described in category I and category II.11742

       (4) Limited category II license. A person who obtains this 11743
license may possess, have custody or control of, and distribute 11744
only the dangerous drugs described in category I or category II 11745
that were listed in the application for licensure.11746

       (5) Category III license, which may include a pain management 11747
clinic classification issued under section 4729.552 of the Revised 11748
Code. A person who obtains this license may possess, have custody 11749
or control of, and distribute the dangerous drugs described in 11750
category I, category II, and category III. If the license includes 11751
a pain management clinic classification, the person may operate a 11752
pain management clinic.11753

       (6) Limited category III license. A person who obtains this 11754
license may possess, have custody or control of, and distribute 11755
only the dangerous drugs described in category I, category II, or 11756
category III that were listed in the application for licensure.11757

       (F) Except for an application made on behalf of an animal 11758
shelter, if an applicant for licensure as a limited category I, 11759
II, or III terminal distributor of dangerous drugs intends to 11760
administer dangerous drugs to a person or animal, the applicant 11761
shall submit, with the application, a notarized copy of its 11762
protocol or standing orders, which protocol or orders shall be 11763
signed by a licensed health professional authorized to prescribe 11764
drugs, specify the dangerous drugs to be administered, and list 11765
personnel who are authorized to administer the dangerous drugs in 11766
accordance with federal law or the law of this state. An 11767
application made on behalf of an animal shelter shall include a 11768
notarized list of the dangerous drugs to be administered to 11769
animals and the personnel who are authorized to administer the 11770
drugs to animals in accordance with section 4729.532 of the 11771
Revised Code. After obtaining a terminal distributor license, a 11772
licensee shall notify the board immediately of any changes in its 11773
protocol or standing orders, or in such personnel.11774

       (G)(1) Except as provided in division (G)(2) of this section, 11775
each applicant for licensure as a terminal distributor of 11776
dangerous drugs shall submit, with the application, a license fee 11777
determined as follows:11778

       (a) For a category I or limited category I license, 11779
forty-five dollars;11780

       (b) For a category II or limited category II license, one 11781
hundred twelve dollars and fifty cents;11782

       (c) For a category III license, including a license with a 11783
pain management clinic classification issued under section 11784
4729.552 of the Revised Code, or a limited category III license, 11785
one hundred fifty dollars.11786

       (2) For a professional association, corporation, partnership, 11787
or limited liability company organized for the purpose of 11788
practicing veterinary medicine, the fee shall be forty dollars.11789

       (3) Fees assessed under divisions (G)(1) and (2) of this 11790
section shall not be returned if the applicant fails to qualify 11791
for registration.11792

       (H)(1) The board shall issue a terminal distributor of 11793
dangerous drugs license to each person who submits an application 11794
for such licensure in accordance with this section, pays the 11795
required license fee, is determined by the board to meet the 11796
requirements set forth in section 4729.55 of the Revised Code, and 11797
satisfies any other applicable requirements of this section.11798

       (2) The license of a person other than an emergency medical 11799
service organization shall describe the one establishment or place 11800
at which the licensee may engage in the sale or other distribution 11801
of dangerous drugs at retail and maintain possession, custody, or 11802
control of dangerous drugs for purposes other than the licensee's 11803
own use or consumption. The one establishment or place shall be 11804
that which is described in the application for licensure.11805

       No such license shall authorize or permit the terminal 11806
distributor of dangerous drugs named in it to engage in the sale 11807
or other distribution of dangerous drugs at retail or to maintain 11808
possession, custody, or control of dangerous drugs for any purpose 11809
other than the distributor's own use or consumption, at any 11810
establishment or place other than that described in the license, 11811
except that an agent or employee of an animal shelter may possess 11812
and use dangerous drugs in the course of business as provided in 11813
division (D) of section 4729.532 of the Revised Code.11814

       (3) The license of an emergency medical service organization 11815
shall cover and describe all the units of the organization listed 11816
in its application for licensure.11817

       (4) The license of every terminal distributor of dangerous 11818
drugs shall indicate, on its face, the category of licensure. If 11819
the license is a limited category I, II, or III license, it shall 11820
specify, and shall authorize the licensee to possess, have custody 11821
or control of, and distribute only, the dangerous drugs that were 11822
listed in the application for licensure.11823

       (I) All licenses issued pursuant to this section shall be 11824
effective for a period of twelve months from the first day of 11825
JanuaryApril of each year. A license shall be renewed by the 11826
board for a like period, annually, according to the provisions of 11827
this section, and the standard renewal procedure of Chapter 4745. 11828
of the Revised Code. A person who desires to renew a license shall 11829
submit an application for renewal and pay the required fee on or 11830
before the thirty-first day of DecemberMarch each year. The fee 11831
required for the renewal of a license shall be the same as the fee 11832
paid for the license being renewed, and shall accompany the 11833
application for renewal.11834

       A license that has not been renewed during DecemberMarch in 11835
any year and by the first day of FebruaryMay of the following11836
same year may be reinstated only upon payment of the required 11837
renewal fee and a penalty fee of fifty-five dollars.11838

       (J)(1) No emergency medical service organization that is 11839
licensed as a terminal distributor of dangerous drugs shall fail 11840
to comply with division (C)(2) or (3) of this section.11841

       (2) No emergency medical service organization that is 11842
licensed as a terminal distributor of dangerous drugs shall fail 11843
to comply with division (D) of this section.11844

       (3) No licensed terminal distributor of dangerous drugs shall 11845
possess, have custody or control of, or distribute dangerous drugs 11846
that the terminal distributor is not entitled to possess, have 11847
custody or control of, or distribute by virtue of its category of 11848
licensure.11849

       (4) No licensee that is required by division (F) of this 11850
section to notify the board of changes in its protocol or standing 11851
orders, or in personnel, shall fail to comply with that division.11852

       Sec. 4729.83. (A) If the state board of pharmacy establishes 11853
and maintains a drug database pursuant to section 4729.75 of the 11854
Revised Code, the board shall not impose any charge on a terminal 11855
distributor of dangerous drugs, pharmacist, or prescriber for the 11856
establishment or maintenance of the database. The board shall not 11857
charge any fees for the transmission of data to the database or 11858
for the receipt of information from the database, except that the 11859
board may charge a fee in accordance with rules adopted under 11860
section 4729.84 of the Revised Code to an individual who requests 11861
the individual's own database information under section 4729.80 of 11862
the Revised Code.11863

       (B) The board may accept grants, gifts, or donations for 11864
purposes of the drug database. Any money received shall be 11865
deposited into the state treasury to the credit of the drug 11866
database fund, which is hereby created. Money in the fund shall be 11867
used solely for purposes of the drug database.11868

       Sec. 4737.045.  (A) To register as a scrap metal dealer or a 11869
bulk merchandise container dealer with the director of public 11870
safety as required by division (B) of section 4737.04 of the 11871
Revised Code, a person shall do all of the following:11872

       (1) Provide the name and street address of the dealer's place 11873
of business;11874

       (2) Provide the name of the primary owner of the business, 11875
and of the manager of the business, if the manager is not the 11876
primary owner;11877

       (3) Provide the electronic mail address of the business;11878

       (4) Provide confirmation that the dealer has the capabilities 11879
to electronically connect with the department of public safety for 11880
the purpose of sending and receiving information;11881

       (5) Provide any other information required by the director in 11882
rules the director adopts pursuant to sections 4737.01 to 4737.045 11883
of the Revised Code;11884

        (6) Pay an initial registration fee of two hundred dollars.11885

       (B) A person engaging in the business of a scrap metal dealer 11886
or a bulk merchandise container dealer in this state on or before 11887
the effective date of this sectionSeptember 28, 2012, shall 11888
register with the director not later than January 1, 2013. With 11889
respect to a person who commences engaging in the business of a 11890
scrap metal dealer or a bulk merchandise container dealer after 11891
the effective date of this sectionSeptember 28, 2012, the person 11892
shall register with the director pursuant to this section prior to 11893
commencing business as a scrap metal dealer or a bulk merchandise 11894
container dealer.11895

       (C) A registration issued to a scrap metal dealer or a bulk 11896
merchandise container dealer pursuant to this section is valid for 11897
a period of one year. A dealer shall renew the registration in 11898
accordance with the rules adopted by the director and pay a 11899
renewal fee of one hundred fifty dollars to cover the costs of 11900
operating and maintaining the registry created pursuant to 11901
division (E) of this section.11902

       (D) A scrap metal dealer or a bulk merchandise container 11903
dealer registered under this section shall prominently display a 11904
copy of the annual registration certificate received from the 11905
director pursuant to division (E)(2) of this section.11906

       (E) The director shall do all of the following:11907

       (1) Develop and implement, by January 1, 2014, and maintain 11908
as a registry a secure database for use by law enforcement 11909
agencies that is capable of all of the following:11910

       (a) Receiving and securely storing all of the information 11911
required by division (A) of this section and the daily transaction 11912
data that scrap metal dealers and bulk merchandise dealers are 11913
required to send pursuant to division (E)(1) of section 4737.04 of 11914
the Revised Code;11915

       (b) Providing secure search capabilities to law enforcement 11916
agencies for enforcement purposes;11917

       (c) Creating a link and retransmission capability for receipt 11918
of routine scrap theft alerts published by the institute of scrap 11919
recycling industries for transmission to dealers and law 11920
enforcement agencies in the state;11921

       (d) Making the electronic lists prepared pursuant to division 11922
(F)(2) of section 4737.04 of the Revised Code available through an 11923
electronic searchable format for individual law enforcement 11924
agencies and for dealers in the state;11925

       (e) Providing, without charge, interlink programming enabling 11926
the transfer of information to dealers.11927

       (2) Issue, reissue, or deny registration to dealers;11928

       (3) Adopt rules to enforce sections 4737.01 to 4737.045 of 11929
the Revised Code, rules establishing procedures to renew a 11930
registration issued under this section, rules for the format and 11931
maintenance for the records required under division (A) of section 11932
4737.012 of the Revised Code or division (C) of section 4737.04 of 11933
the Revised Code, and rules regarding the delivery of the report 11934
required by division (E)(1) of section 4737.04 of the Revised Code 11935
to the registry, which shall be used exclusively by law 11936
enforcement agencies.11937

       (F) A scrap metal dealer or bulk merchandise container dealer 11938
may search, modify, or update only the dealer's own business data 11939
contained within the registry established in division (E) of this 11940
section.11941

        (G) All fees received by the director pursuant to this 11942
section and division (F) of section 4737.99 of the Revised Code 11943
shall be used to develop and maintain the registry required under 11944
this section. The fees shall be deposited into the security, 11945
investigations, and policinginfrastructure protection fund which 11946
is hereby created in section 4501.11 of the Revised Code. 11947

       Sec. 4758.01. As used in this chapter:11948

       (A) "Accredited educational institution" means an educational 11949
institution accredited by an accrediting agency accepted by the 11950
Ohio board of regents.11951

       (B)(1) "Alcohol and other drug clinical counseling 11952
principles, methods, or procedures" means an approach to chemical 11953
dependency counseling that emphasizes the chemical dependency 11954
counselor's role in systematically assisting clients through all 11955
of the following:11956

       (a) Analyzing background and current information;11957

       (b) Exploring possible solutions;11958

       (c) Developing and providing a treatment plan;11959

       (d) In the case of an independent chemical dependency 11960
counselor-clinical supervisor, independent chemical dependency 11961
counselor, or chemical dependency counselor III only, diagnosing 11962
chemical dependency conditions.11963

       (2) "Alcohol and other drug clinical counseling principles, 11964
methods, or procedures" includes counseling, assessing, 11965
consulting, and referral as they relate to chemical dependency 11966
conditions.11967

       (C) "Alcohol and other drug prevention services" means a 11968
planned process of strategies and activities designed to preclude 11969
the onset of the use of alcohol and other drugs, reduce 11970
problematic use of alcohol and other drugs, or both.11971

       (D) "Chemical dependency conditions" means those conditions 11972
relating to the abuse of or dependency on alcohol or other drugs 11973
that are classified in accepted nosologies, including the 11974
diagnostic and statistical manual of mental disorders and the 11975
international classification of diseases, and in editions of those 11976
nosologies published after December 23, 2002.11977

       (E) "Chemical dependency counseling" means rendering or 11978
offering to render to individuals, groups, or the public a 11979
counseling service involving the application of alcohol and other 11980
drug clinical counseling principles, methods, or procedures to 11981
assist individuals who are abusing or dependent on alcohol or 11982
other drugs.11983

       (F) "Pathological and problem gambling" means a persistent 11984
and recurring maladaptive gambling behavior that is classified in 11985
accepted nosologies, including the diagnostic and statistical 11986
manual of mental disorders and the international classification of 11987
diseases, and in editions of those nosologies published after the 11988
effective date of this section.11989

       (G) Unless the context provides otherwise, "scope of 11990
practice" means the services, methods, and techniques in which and 11991
the areas for which a person who holds a license or, certificate, 11992
or endorsement under this chapter is trained and qualified.11993

       (G)(H) "Substance abuse professional" has the same meaning as 11994
in 49 C.F.R. 40.3.11995

       (H)(I) "U.S. department of transportation drug and alcohol 11996
testing program" means a transportation workplace drug and alcohol 11997
testing program governed by 49 C.F.R. part 40.11998

       Sec. 4758.02. (A) Except as provided in section 4758.03 of 11999
the Revised Code, no person shall do any of the following:12000

       (1) Engage in or represent to the public that the person 12001
engages in chemical dependency counseling for a fee, salary, or 12002
other consideration unless the person holds a valid independent 12003
chemical dependency counselor-clinical supervisor license, 12004
independent chemical dependency counselor license, chemical 12005
dependency counselor III license, chemical dependency counselor II 12006
license, or chemical dependency counselor assistant certificate 12007
issued under this chapter;12008

       (2) Use the title "licensed independent chemical dependency 12009
counselor-clinical supervisor," "LICDC-CS," "licensed independent 12010
chemical dependency counselor," "LICDC," "licensed chemical 12011
dependency counselor III," "LCDC III," "licensed chemical 12012
dependency counselor II," "LCDC II," "chemical dependency 12013
counselor assistant," "CDCA," or any other title or description 12014
incorporating the word "chemical dependency counselor" or any 12015
other initials used to identify persons acting in those capacities 12016
unless currently authorized under this chapter to act in the 12017
capacity indicated by the title or initials;12018

       (3) Represent to the public that the person holds a 12019
pathological and problem gambling endorsement unless the person 12020
holds a valid pathological and problem gambling endorsement issued 12021
under this chapter;12022

       (4) Represent to the public that the person is a registered 12023
applicant unless the person holds a valid registered applicant 12024
certificate issued under this chapter;12025

       (4)(5) Use the title "certified prevention specialist II," 12026
"CPS II," "certified prevention specialist I," "CPS I," "certified 12027
prevention specialist assistant," "CPSA," "registered applicant," 12028
"RA," or any other title, description, or initials used to 12029
identify persons acting in those capacities unless currently 12030
authorized under this chapter to act in the capacity indicated by 12031
the title or initials.12032

       (B) No person shall engage in or represent to the public that 12033
the person engages in chemical dependency counseling as a chemical 12034
dependency counselor I.12035

       Sec. 4758.06. No individual who holds or has held a license12036
or, certificate, or endorsement issued under this chapter shall 12037
disclose any information regarding the identity, diagnosis, or 12038
treatment of any of the individual's clients or consumers except 12039
for the purposes and under the circumstances expressly authorized 12040
by 42 U.S.C.A. 290dd-2, regulations promulgated pursuant to that 12041
federal law, other federal law enacted after the effective date of 12042
this sectionDecember 23, 2002, to replace 42 U.S.C.A. 290dd-2, or 12043
regulations promulgated under the replacement federal law. The 12044
prohibition of this section applies whether or not the information 12045
is recorded.12046

       Sec. 4758.16. The chemical dependency professionals board 12047
shall not discriminate against any licensee, certificate holder, 12048
endorsement holder, or applicant for a license or, certificate, or 12049
endorsement under this chapter because of the individual's race, 12050
color, religion, gender, national origin, disability as defined in 12051
section 4112.01 of the Revised Code, or age. The board shall 12052
afford a hearing to any individual who files with the board a 12053
statement alleging discrimination based on any of those reasons.12054

       Sec. 4758.20. (A) The chemical dependency professionals board 12055
shall adopt rules to establish, specify, or provide for all of the 12056
following:12057

       (1) Fees for the purposes authorized by section 4758.21 of 12058
the Revised Code;12059

       (2) If the board, pursuant to section 4758.221 of the Revised 12060
Code, elects to administer examinations for individuals seeking to 12061
act as substance abuse professionals in a U.S. department of 12062
transportation drug and alcohol testing program, the board's 12063
administration of the examinations;12064

       (3) For the purpose of section 4758.23 of the Revised Code, 12065
codes of ethical practice and professional conduct for individuals 12066
who hold a license or, certificate, or endorsement issued under 12067
this chapter;12068

       (4) For the purpose of section 4758.24 of the Revised Code, 12069
all of the following:12070

       (a) Good moral character requirements for an individual who 12071
seeks or holds a license or, certificate, or endorsement issued 12072
under this chapter;12073

       (b) The documents that an individual seeking such a license 12074
or, certificate, or endorsement must submit to the board;12075

       (c) Requirements to obtain the license or, certificate, or 12076
endorsement that are in addition to the requirements established 12077
under sections 4758.39, 4758.40, 4758.41, 4758.42, 4758.43, 12078
4758.44, 4758.45, 4758.46, and 4758.47, and 4758.48 of the Revised 12079
Code. The additional requirements may include preceptorships.12080

       (d) The period of time that an individual whose registered 12081
applicant certificate has expired must wait before applying for a 12082
new registered applicant certificate.12083

       (5) For the purpose of section 4758.28 of the Revised Code, 12084
requirements for approval of continuing education courses of study 12085
for individuals who hold a license or, certificate, or endorsement12086
issued under this chapter;12087

       (6) For the purpose of section 4758.30 of the Revised Code, 12088
the intervention for and treatment of an individual holding a 12089
license or, certificate, or endorsement issued under this chapter 12090
whose abilities to practice are impaired due to abuse of or 12091
dependency on alcohol or other drugs or other physical or mental 12092
condition;12093

       (7) Requirements governing reinstatement of a suspended or 12094
revoked license or, certificate, or endorsement under division (B) 12095
of section 4758.30 of the Revised Code, including requirements for 12096
determining the amount of time an individual must wait to apply 12097
for reinstatement;12098

       (8) For the purpose of section 4758.31 of the Revised Code, 12099
methods of ensuring that all records the board holds pertaining to 12100
an investigation remain confidential during the investigation;12101

       (9) Criteria for employees of the board to follow when 12102
performing their duties under division (B) of section 4758.35 of 12103
the Revised Code;12104

       (10) For the purpose of division (A)(1) of section 4758.39 12105
and division (A)(1) of section 4758.40 of the Revised Code, course 12106
requirements for a degree in a behavioral science or nursing that 12107
shall, at a minimum, include at least forty semester hours in all 12108
of the following courses:12109

       (a) Theories of counseling and psychotherapy;12110

       (b) Counseling procedures;12111

       (c) Group process and techniques;12112

       (d) Relationship therapy;12113

       (e) Research methods and statistics;12114

       (f) Fundamentals of assessment and diagnosis, including 12115
measurement and appraisal;12116

       (g) Psychopathology;12117

       (h) Human development;12118

       (i) Cultural competence in counseling;12119

       (j) Ethics.12120

       (11) For the purpose of division (A)(3) of section 4758.39, 12121
division (A)(3) of section 4758.40, division (A)(3) of section 12122
4758.41, and division (A)(3) of section 4758.42 of the Revised 12123
Code, training requirements for chemical dependency that shall, at 12124
a minimum, include qualifications for the individuals who provide 12125
the training and instruction in all of the following courses:12126

       (a) Theories of addiction;12127

       (b) Counseling procedures and strategies with addicted 12128
populations;12129

       (c) Group process and techniques working with addicted 12130
populations;12131

       (d) Assessment and diagnosis of addiction;12132

       (e) Relationship counseling with addicted populations;12133

       (f) Pharmacology;12134

       (g) Prevention strategies;12135

       (h) Treatment planning;12136

       (i) Legal and ethical issues.12137

       (12) For the purpose of division (B)(2)(b) of section 4758.40 12138
and division (B)(2) of section 4758.41 of the Revised Code, 12139
requirements for the forty clock hours of training on the version 12140
of the diagnostic and statistical manual of mental disorders that 12141
is current at the time of the training, including the number of 12142
the clock hours that must be on substance-related disorders, the 12143
number of the clock hours that must be on chemical dependency 12144
conditions, and the number of the clock hours that must be on 12145
awareness of other mental and emotional disorders;12146

       (13) For the purpose of division (A)(1) of section 4758.41 of 12147
the Revised Code, course requirements for a degree in a behavioral 12148
science or nursing;12149

       (14) For the purpose of division (A) of section 4758.43 of 12150
the Revised Code, training requirements for chemical dependency 12151
counseling that shall, at a minimum, include qualifications for 12152
the individuals who provide the training and instruction in one or 12153
more of the courses listed in division (A)(10) of this section as 12154
selected by the individual seeking the chemical dependency 12155
counselor assistant certificate;12156

       (15) For the purpose of division (A)(2) of section 4758.44 of 12157
the Revised Code, the field of study in which an individual must 12158
obtain at least a bachelor's degree;12159

       (16) For the purpose of division (A)(3) of section 4758.44, 12160
division (A)(3) of section 4758.45, and division (D) of section 12161
4758.46 of the Revised Code, requirements for prevention-related 12162
education;12163

       (17) For the purpose of division (A)(4) of section 4758.44 of 12164
the Revised Code, the number of hours of administrative or 12165
supervisory education that an individual must have;12166

       (18) For the purpose of division (A)(2) of section 4758.45 of 12167
the Revised Code, the field of study in which an individual must 12168
obtain at least an associate's degree;12169

       (19) Standards for the one hundred hours of compensated work 12170
or supervised internship in pathological and problem gambling 12171
direct clinical experience required by division (B)(2) of section 12172
4758.48 of the Revised Code;12173

       (20) For the purpose of section 4758.51 of the Revised Code, 12174
continuing education requirements for individuals who hold a 12175
license or, certificate, or endorsement issued under this chapter;12176

       (20)(21) For the purpose of section 4758.51 of the Revised 12177
Code, the number of hours of continuing education that an 12178
individual must complete to have an expired license or,12179
certificate, or endorsement restored under section 4758.26 of the 12180
Revised Code;12181

       (21)(22) For the purpose of divisions (A) and (B) of section 12182
4758.52 of the Revised Code, training requirements for chemical 12183
dependency counseling;12184

       (22)(23) The duties, which may differ, of all of the 12185
following:12186

       (a) An independent chemical dependency counselor-clinical 12187
supervisor licensed under this chapter who supervises a chemical 12188
dependency counselor III under section 4758.56 of the Revised 12189
Code; 12190

       (b) An independent chemical dependency counselor-clinical 12191
supervisor, independent chemical dependency counselor, or chemical 12192
dependency counselor III licensed under this chapter who 12193
supervises a chemical dependency counselor assistant under section 12194
4758.59 of the Revised Code; 12195

       (c) A prevention specialist II or prevention specialist I 12196
certified under this chapter or independent chemical dependency 12197
counselor-clinical supervisor, independent chemical dependency 12198
counselor, or chemical dependency counselor III licensed under 12199
this chapter who supervises a prevention specialist assistant or 12200
registered applicant under section 4758.61 of the Revised Code. 12201

       (23)(24) The duties of an independent chemical dependency 12202
counselor licensed under this chapter who holds the pathological 12203
and problem gambling endorsement who supervises a chemical 12204
dependency counselor III with the pathological and problem 12205
gambling endorsement under section 4758.62 of the Revised Code.12206

       (25) Anything else necessary to administer this chapter.12207

       (B) All rules adopted under this section shall be adopted in 12208
accordance with Chapter 119. of the Revised Code and any 12209
applicable federal laws and regulations. 12210

       (C) When it adopts rules under this section, the board may 12211
consider standards established by any national association or 12212
other organization representing the interests of those involved in 12213
chemical dependency counseling or alcohol and other drug 12214
prevention services.12215

       Sec. 4758.21. (A) In accordance with rules adopted under 12216
section 4758.20 of the Revised Code and subject to division (B) of 12217
this section, the chemical dependency professionals board shall 12218
establish, and may from time to time adjust, fees to be charged 12219
for the following:12220

       (1) Admitting an individual to an examination administered 12221
pursuant to section 4758.22 of the Revised Code;12222

       (2) Issuing an initial independent chemical dependency 12223
counselor-clinical supervisor license, independent chemical 12224
dependency counselor license, chemical dependency counselor III 12225
license, chemical dependency counselor II license, chemical 12226
dependency counselor assistant certificate, prevention specialist 12227
II certificate, prevention specialist I certificate, prevention 12228
specialist assistant certificate, or registered applicant 12229
certificate;12230

       (3) Issuing an initial pathological and problem gambling 12231
endorsement;12232

       (4) Renewing an independent chemical dependency 12233
counselor-clinical supervisor license, independent chemical 12234
dependency counselor license, chemical dependency counselor III 12235
license, chemical dependency counselor II license, chemical 12236
dependency counselor assistant certificate, prevention specialist 12237
II certificate, prevention specialist I certificate, or prevention 12238
specialist assistant certificate;12239

       (4)(5) Renewing a pathological and problem gambling 12240
endorsement;12241

       (6) Approving continuing education courses under section 12242
4758.28 of the Revised Code;12243

       (5)(7) Doing anything else the board determines necessary to 12244
administer this chapter.12245

       (B) The fees established under division (A) of this section 12246
are nonrefundable. They shall be in amounts sufficient to cover 12247
the necessary expenses of the board in administering this chapter 12248
and rules adopted under it. The fees for a license or,12249
certificate, or endorsement and the renewal of a license or,12250
certificate, or endorsement may differ for the various types of 12251
licenses and, certificates, or endorsements, but shall not exceed 12252
one hundred seventy-five dollars each, unless the board determines 12253
that amounts in excess of one hundred seventy-five dollars are 12254
needed to cover its necessary expenses in administering this 12255
chapter and rules adopted under it and the amounts in excess of 12256
one hundred seventy-five dollars are approved by the controlling 12257
board.12258

       (C) All vouchers of the board shall be approved by the 12259
chairperson or executive director of the board, or both, as 12260
authorized by the board.12261

       Sec. 4758.23. (A) In rules adopted under section 4758.20 of 12262
the Revised Code, the chemical dependency professionals board 12263
shall establish codes of ethical practice and professional conduct 12264
for the following:12265

       (1) Individuals who hold a valid independent chemical 12266
dependency counselor-clinical supervisor license, independent 12267
chemical dependency counselor license, chemical dependency 12268
counselor III license, chemical dependency counselor II license, 12269
or chemical dependency counselor assistant certificate issued 12270
under this chapter;12271

       (2) Individuals who hold a valid prevention specialist II 12272
certificate, prevention specialist I certificate, prevention 12273
specialist assistant certificate, or registered applicant 12274
certificate issued under this chapter;12275

       (3) Individuals who hold a valid pathological and problem 12276
gambling endorsement.12277

       (B) The codes for individuals identified under division 12278
(A)(1) of this section shall define unprofessional conduct, which 12279
shall include engaging in a dual relationship with a client, 12280
former client, consumer, or former consumer; committing an act of 12281
sexual abuse, misconduct, or exploitation of a client, former 12282
client, consumer, or former consumer; and, except as permitted by 12283
law, violating client or consumer confidentiality.12284

       (C) The codes for individuals identified under division 12285
(A)(1) of this section may be based on any codes of ethical 12286
practice and professional conduct developed by national 12287
associations or other organizations representing the interests of 12288
those involved in chemical dependency counseling. The codes for 12289
individuals identified under division (A)(2) of this section may 12290
be based on any codes of ethical practice and professional conduct 12291
developed by national associations or other organizations 12292
representing the interests of those involved in alcohol and other 12293
drug prevention services. The board may establish standards in the 12294
codes that are more stringent than those established by the 12295
national associations or other organizations.12296

       Sec. 4758.24. (A) The chemical dependency professionals board 12297
shall issue a license or, certificate, or endorsement under this 12298
chapter to an individual who meets all of the following 12299
requirements:12300

       (1) Is of good moral character as determined in accordance 12301
with rules adopted under section 4758.20 of the Revised Code;12302

       (2) Except as provided in section 4758.241 of the Revised 12303
Code, submits a properly completed application and all other 12304
documentation specified in rules adopted under section 4758.20 of 12305
the Revised Code;12306

       (3) Except as provided in section 4758.241 of the Revised 12307
Code, pays the fee established under section 4758.21 of the 12308
Revised Code for the license or, certificate, or endorsement that 12309
the individual seeks;12310

       (4) Meets the requirements to obtain the license or,12311
certificate, or endorsement that the individual seeks as specified 12312
in section 4758.39, 4758.40, 4758.41, 4758.42, 4758.43, 4758.44, 12313
4758.45, 4758.46, or 4758.47, or 4758.48 of the Revised Code;12314

       (5) Meets any additional requirements specified in rules 12315
adopted under section 4758.20 of the Revised Code to obtain the 12316
license or, certificate, or endorsement that the individual seeks.12317

       (B) The board shall not do either of the following:12318

       (1) Issue a certificate to practice as a chemical dependency 12319
counselor I;12320

       (2) Issue a new registered applicant certificate to an 12321
individual whose previous registered applicant certificate has 12322
been expired for less than the period of time specified in rules 12323
adopted under section 4758.20 of the Revised Code.12324

       Sec. 4758.26. (A) Subject to section 4758.30 of the Revised 12325
Code, a license or, certificate, or endorsement issued under this 12326
chapter expires the following period of time after it is issued:12327

       (1) In the case of an initial chemical dependency counselor 12328
assistant certificate, thirteen months;12329

       (2) In the case of any other license or, certificate, or 12330
endorsement, two years.12331

       (B) Subject to section 4758.30 of the Revised Code and except 12332
as provided in section 4758.27 of the Revised Code, the chemical 12333
dependency professionals board shall renew a license or,12334
certificate, or endorsement issued under this chapter in 12335
accordance with the standard renewal procedure established under 12336
Chapter 4745. of the Revised Code if the individual seeking the 12337
renewal pays the renewal fee established under section 4758.21 of 12338
the Revised Code and does the following:12339

       (1) In the case of an individual seeking renewal of an 12340
initial chemical dependency counselor assistant certificate, 12341
satisfies the additional training requirement established under 12342
section 4758.52 of the Revised Code;12343

       (2) In the case of any other individual, satisfies the 12344
continuing education requirements established under section 12345
4758.51 of the Revised Code.12346

       (C) Subject to section 4758.30 of the Revised Code and except 12347
as provided in section 4758.27 of the Revised Code, a license or,12348
certificate, or endorsement issued under this chapter that has 12349
expired may be restored if the individual seeking the restoration, 12350
not later than two years after the license or, certificate, or 12351
endorsement expires, applies for restoration of the license or,12352
certificate, or endorsement. The board shall issue a restored 12353
license or, certificate, or endorsement to the individual if the 12354
individual pays the renewal fee established under section 4758.21 12355
of the Revised Code and does the following:12356

       (1) In the case of an individual whose initial chemical 12357
dependency counselor assistant certificate expired, satisfies the 12358
additional training requirement established under section 4758.52 12359
of the Revised Code;12360

       (2) In the case of any other individual, satisfies the 12361
continuing education requirements established under section 12362
4758.51 of the Revised Code for restoring the license or,12363
certificate, or endorsement. 12364

       The board shall not require an individual to take an 12365
examination as a condition of having an expired license or,12366
certificate, or endorsement restored under this section.12367

       Sec. 4758.28. The chemical dependency professionals board 12368
shall approve, in accordance with rules adopted under section 12369
4758.20 of the Revised Code and subject to payment of the fee 12370
established under section 4758.21 of the Revised Code, continuing 12371
education courses of study for individuals who hold a license or,12372
certificate, or endorsement issued under this chapter.12373

       Sec. 4758.29.  On receipt of a notice pursuant to section 12374
3123.43 of the Revised Code, the chemical dependency professionals 12375
board shall comply with sections 3123.41 to 3123.50 of the Revised 12376
Code and any applicable rules adopted under section 3123.63 of the 12377
Revised Code with respect to a license or, certificate, or 12378
endorsement issued pursuant to this chapter.12379

       Sec. 4758.30. (A) The chemical dependency professionals 12380
board, in accordance with Chapter 119. of the Revised Code, may 12381
refuse to issue a license or, certificate, or endorsement applied 12382
for under this chapter; refuse to renew or restore a license or,12383
certificate, or endorsement issued under this chapter; suspend, 12384
revoke, or otherwise restrict a license or, certificate, or 12385
endorsement issued under this chapter; or reprimand an individual 12386
holding a license or, certificate, or endorsement issued under 12387
this chapter. These actions may be taken by the board regarding 12388
the applicant for a license or, certificate, or endorsement or the 12389
individual holding a license or, certificate, or endorsement for 12390
one or more of the following reasons:12391

       (1) Violation of any provision of this chapter or rules 12392
adopted under it;12393

       (2) Knowingly making a false statement on an application for 12394
a license or, certificate, or endorsement or for renewal, 12395
restoration, or reinstatement of a license or, certificate, or 12396
endorsement;12397

       (3) Acceptance of a commission or rebate for referring an 12398
individual to a person who holds a license or certificate issued 12399
by, or who is registered with, an entity of state government, 12400
including persons practicing chemical dependency counseling, 12401
alcohol and other drug prevention services, pathological and 12402
problem gambling counseling, or fields related to chemical 12403
dependency counseling, pathological and problem gambling 12404
counseling, or alcohol and other drug prevention services;12405

       (4) Conviction in this or any other state of any crime that 12406
is a felony in this state;12407

       (5) Conviction in this or any other state of a misdemeanor 12408
committed in the course of practice as an independent chemical 12409
dependency counselor-clinical supervisor, independent chemical 12410
dependency counselor, chemical dependency counselor III, chemical 12411
dependency counselor II, chemical dependency counselor assistant, 12412
prevention specialist II, pathological and problem gambling 12413
endorsee, prevention specialist I, prevention specialist 12414
assistant, or registered applicant;12415

       (6) Inability to practice as an independent chemical 12416
dependency counselor-clinical supervisor, independent chemical 12417
dependency counselor, chemical dependency counselor III, chemical 12418
dependency counselor II, chemical dependency counselor assistant, 12419
pathological and problem gambling endorsee, prevention specialist 12420
II, prevention specialist I, prevention specialist assistant, or 12421
registered applicant due to abuse of or dependency on alcohol or 12422
other drugs or other physical or mental condition;12423

       (7) Practicing outside the individual's scope of practice;12424

       (8) Practicing without complying with the supervision 12425
requirements specified under section 4758.56, 4758.59, or 4758.61, 12426
or 4758.62 of the Revised Code;12427

       (9) Violation of the code of ethical practice and 12428
professional conduct for chemical dependency counseling or,12429
alcohol and other drug prevention, or pathological and problem 12430
gambling counseling services adopted by the board pursuant to 12431
section 4758.23 of the Revised Code;12432

       (10) Revocation of a license or, certificate, or endorsement12433
or voluntary surrender of a license or, certificate, or 12434
endorsement in another state or jurisdiction for an offense that 12435
would be a violation of this chapter.12436

       (B) An individual whose license or, certificate, or 12437
endorsement has been suspended or revoked under this section may 12438
apply to the board for reinstatement after an amount of time the 12439
board shall determine in accordance with rules adopted under 12440
section 4758.20 of the Revised Code. The board may accept or 12441
refuse an application for reinstatement. The board may require an 12442
examination for reinstatement of a license or, certificate, or 12443
endorsement that has been suspended or revoked.12444

       Sec. 4758.31. The chemical dependency professionals board 12445
shall investigate alleged violations of this chapter or the rules 12446
adopted under it and alleged irregularities in the delivery of 12447
chemical dependency counseling services, pathological and problem 12448
gambling counseling services, or alcohol and other drug prevention 12449
services by individuals who hold a license or, certificate, or 12450
endorsement issued under this chapter. As part of an 12451
investigation, the board may issue subpoenas, examine witnesses, 12452
and administer oaths.12453

       The board may receive any information necessary to conduct an 12454
investigation under this section that has been obtained in 12455
accordance with federal laws and regulations. If the board is 12456
investigating the provision of chemical dependency counseling 12457
services or pathological and problem gambling counseling services12458
to a couple or group, it is not necessary for both members of the 12459
couple or all members of the group to consent to the release of 12460
information relevant to the investigation.12461

       The board shall ensure, in accordance with rules adopted 12462
under section 4758.20 of the Revised Code, that all records it 12463
holds pertaining to an investigation remain confidential during 12464
the investigation. After the investigation, the records are public 12465
records except as otherwise provided by federal or state law.12466

       Sec. 4758.35. (A) An individual seeking a license or,12467
certificate, or endorsement issued under this chapter shall file 12468
with the chemical dependency professionals board a written 12469
application on a form prescribed by the board. Each form shall 12470
state that a false statement made on the form is the crime of 12471
falsification under section 2921.13 of the Revised Code.12472

       (B) The board shall require an individual or individuals 12473
employed by the board under section 4758.15 of the Revised Code to 12474
do both of the following in accordance with criteria established 12475
by rules adopted under section 4758.20 of the Revised Code:12476

       (1) Receive and review all applications submitted to the 12477
board;12478

       (2) Submit to the board all applications the individual or 12479
individuals recommend the board review based on the criteria 12480
established in the rules.12481

       (C) The board shall review all applications submitted to the 12482
board pursuant to division (B)(2) of this section.12483

       Sec. 4758.36. As part of the review process under division 12484
(C) of section 4758.35 of the Revised Code of an application 12485
submitted by an applicant who has obtained the applicant's 12486
education, experience in chemical dependency counseling, 12487
pathological and problem gambling, or alcohol and other drug 12488
prevention services, or education and experience outside the 12489
United States, the chemical dependency professionals board shall 12490
determine whether the applicant's command of the English language 12491
and education or experience meet the standards required by this 12492
chapter and rules adopted under it.12493

       Sec. 4758.48.  An individual is not eligible for a 12494
pathological and problem gambling endorsement unless the 12495
individual meets the requirements of divisions (A) and (B) of this 12496
section.12497

       (A) The individual is one or more of the following:12498

       (1) An independent chemical dependency counselor, chemical 12499
dependency counselor III, or chemical dependency counselor II 12500
licensed under this chapter;12501

       (2) Authorized to practice medicine and surgery or 12502
osteopathic medicine and surgery under Chapter 4731. of the 12503
Revised Code;12504

       (3) A psychologist licensed under Chapter 4732. of the 12505
Revised Code;12506

       (4) A registered nurse licensed under Chapter 4723. of the 12507
Revised Code; or12508

       (5) A professional clinical counselor, professional 12509
counselor, independent social worker, social worker, independent 12510
marriage and family therapist, or marriage and family therapist 12511
licensed under Chapter 4757. of the Revised Code.12512

       An individual who is a registered nurse or a professional 12513
clinical counselor, professional counselor, independent social 12514
worker, social worker, independent marriage and family therapist, 12515
or marriage and family therapist is ineligible for the endorsement 12516
unless the endorsement is consistent with the individual's scope 12517
of practice.12518

       (B) Except as otherwise provided in this division, the 12519
individual has completed both of the following:12520

       (1) A minimum of thirty hours of training in pathological and 12521
problem gambling that meets the requirements prescribed in rules 12522
adopted under section 4758.20 of the Revised Code; and12523

       (2) A minimum of one hundred hours of compensated work or 12524
supervised internship in pathological and problem gambling direct 12525
clinical experience.12526

       An independent chemical dependency counselor, chemical 12527
dependency counselor III, or chemical dependency counselor II 12528
licensed under this chapter may be issued an initial pathological 12529
and problem gambling endorsement without having complied with 12530
division (B)(2) of this section, but the independent chemical 12531
dependency counselor, chemical dependency counselor III, or 12532
chemical dependency counselor II shall comply with division (B)(2) 12533
of this section before expiration of the initial endorsement. An 12534
independent chemical dependency counselor, chemical dependency 12535
counselor III, or chemical dependency counselor II who fails to 12536
comply with this paragraph is not entitled to renewal of the 12537
initial endorsement.12538

       Sec. 4758.50. An individual who holds a license or,12539
certificate, or endorsement issued under this chapter shall post 12540
the license or, certificate, or endorsement in a prominent place 12541
at the individual's place of employment.12542

       Sec. 4758.51. (A) Except as provided in division (C) of this 12543
section and in accordance with rules adopted under section 4758.20 12544
of the Revised Code, each individual who holds a license or,12545
certificate, or endorsement issued under this chapter, other than 12546
an initial chemical dependency counselor assistant certificate, 12547
shall complete during the period that the license or, certificate, 12548
or endorsement is in effect not less than the following number of 12549
clock hours of continuing education as a condition of receiving a 12550
renewed license or, certificate, or endorsement:12551

       (1) In the case of an individual holding a prevention 12552
specialist assistant certificate, twenty;12553

       (2) In the case of an individual holding a pathological and 12554
problem gambling endorsement, six;12555

       (3) In the case of any other individual, forty. 12556

       (B) Except as provided in division (C) of this section, an 12557
individual whose license or, certificate, or endorsement issued 12558
under this chapter, other than an initial chemical dependency 12559
counselor assistant certificate, has expired shall complete the 12560
number of hours of continuing education specified in rules adopted 12561
under section 4758.20 of the Revised Code as a condition of 12562
receiving a restored license or, certificate, or endorsement.12563

       (C) The chemical dependency professionals board may waive the 12564
continuing education requirements established under this section 12565
for individuals who are unable to fulfill them because of military 12566
service, illness, residence outside the United States, or any 12567
other reason the board considers acceptable.12568

       Sec. 4758.60. An individual who holds a valid prevention 12569
specialist II certificate or prevention specialist I certificate 12570
issued under this chapter may engage in the practice of alcohol 12571
and other drug prevention services as specified in rules adopted 12572
under section 4758.20 of the Revised Code.12573

       Sec. 4758.62.  An individual who holds an independent 12574
chemical dependency counselor license and a pathological and 12575
problem gambling treatment endorsement may do all of the 12576
following:12577

       (A) Diagnose and treat pathological and problem gambling 12578
conditions;12579

       (B) Perform treatment planning, assessment, crisis 12580
intervention, individual and group counseling, case management, 12581
and educational services insofar as those functions relate to 12582
pathological and problem gambling;12583

       (C) Supervise pathological and problem gambling treatment 12584
counseling; and12585

       (D) Refer individuals with nonpathological and nonproblem 12586
gambling conditions to appropriate sources of help.12587

       Sec. 4758.63.  An individual who holds a chemical dependency 12588
counselor III license and a pathological and problem gambling 12589
endorsement may do all of the following:12590

       (A) Treat pathological and problem gambling conditions;12591

       (B) Diagnose pathological and problem gambling conditions 12592
under supervision;12593

       (C) Perform treatment planning, assessment, crisis 12594
intervention, individual and group counseling, case management, 12595
and educational services insofar as those functions relate to 12596
pathological and problem gambling;12597

       (D) Supervise pathological and problem gambling treatment 12598
counseling under supervision; and12599

       (E) Refer individuals having nonpathological and nonproblem 12600
gambling conditions to appropriate sources of help.12601

       The supervision required by divisions (B) and (D) of this 12602
section shall be provided by an independent chemical dependency 12603
counselor licensed under this chapter; an individual authorized to 12604
practice medicine and surgery or osteopathic medicine and surgery 12605
under Chapter 4731. of the Revised Code; a psychologist licensed 12606
under Chapter 4732. of the Revised Code; a registered nurse 12607
licensed under Chapter 4723. of the Revised Code; or a 12608
professional clinical counselor, independent social worker, or 12609
independent marriage and family therapist licensed under Chapter 12610
4757. of the Revised Code. A registered nurse or a professional 12611
clinical counselor, independent social worker, or independent 12612
marriage and family therapist is not qualified to provide 12613
supervision unless the individual holds a pathological and problem 12614
gambling endorsement.12615

       An individual holding a chemical dependency counselor III 12616
license shall not practice as an individual practitioner.12617

       Sec. 4758.64.  An individual who holds a chemical dependency 12618
counselor II license and a pathological and problem gambling 12619
endorsement may do all of the following:12620

       (A) Treat pathological and problem gambling conditions;12621

       (B) Perform treatment planning, assessment, crisis 12622
intervention, individual and group counseling, case management, 12623
and educational services insofar as those functions relate to 12624
pathological and problem gambling; and12625

       (C) Refer individuals having nonpathological and nonproblem 12626
gambling conditions to appropriate sources of help.12627

       An individual holding a chemical dependency II license shall 12628
not practice as an individual practitioner.12629

       Sec. 4758.71. Nothing in this chapter or the rules adopted 12630
under it authorizes an individual who holds a license or,12631
certificate, or endorsement issued under this chapter to admit a 12632
patient to a hospital or requires a hospital to allow any such 12633
individual to admit a patient.12634

       Sec. 4781.121. (A) The manufactured homes commission, 12635
pursuant to section 4781.04 of the Revised Code, may investigate 12636
any person who allegedly has committed a violation. If, after an 12637
investigation the commission determines that reasonable evidence 12638
exists that a person has committed a violation, within seven days 12639
after that determination, the commission shall send a written 12640
notice to that person in the same manner as prescribed in section 12641
119.07 of the Revised Code for licensees, except that the notice 12642
shall specify that a hearing will be held and specify the date, 12643
time, and place of the hearing.12644

       (B) The commission shall hold a hearing regarding the alleged 12645
violation in the same manner prescribed for an adjudication 12646
hearing under section 119.09 of the Revised Code. If the 12647
commission, after the hearing, determines that a violation has 12648
occurred, the commission, upon an affirmative vote of five of its 12649
members, may impose a fine not exceeding one thousand dollars per 12650
violation per day. The commission's determination is an order that 12651
the person may appeal in accordance with section 119.12 of the 12652
Revised Code.12653

       (C) If the person who allegedly committed a violation fails 12654
to appear for a hearing, the commission may request the court of 12655
common pleas of the county where the alleged violation occurred to 12656
compel the person to appear before the commission for a hearing.12657

       (D) If the commission assesses a person a civil penalty for a 12658
violation and the person fails to pay that civil penalty within 12659
the time period prescribed by the commission pursuant to section 12660
131.02 of the Revised Code, the commission shall forward to the 12661
attorney general the name of the person and the amount of the 12662
civil penalty for the purpose of collecting that civil penalty. In 12663
addition to the civil penalty assessed pursuant to this section, 12664
the person also shall pay any fee assessed by the attorney general 12665
for collection of the civil penalty.12666

       (E) The authority provided to the commission pursuant to this 12667
section, and any fine imposed under this section, shall be in 12668
addition to, and not in lieu of, all penalties and other remedies 12669
provided in this chapter. Any fines collected pursuant to this 12670
section shall be used solely to administer and enforce this 12671
chapter and rules adopted under it. Any fees collected pursuant to 12672
this section shall be transmitted to the treasurer of state and 12673
shall be credited to the manufactured homes commission regulatory 12674
fund created in section 4781.54 of the Revised Code and the rules 12675
adopted thereunder. The fees shall be used only for the purpose of 12676
administering and enforcing sections 4781.26 to 4781.35 of the 12677
Revised Code and the rules adopted thereunder.12678

       (F) As used in this section, "violation" means a violation of 12679
section 4781.11, 4781.16, or 4781.27, or any rule adopted pursuant 12680
to section 4781.04, of the Revised Codethis chapter.12681

       Sec. 4781.29.  The manufactured homes commission may refuse 12682
to grant, may suspend, or may revoke any license granted to any 12683
person for failure to comply with sections 4781.26 to 4781.35 of 12684
the Revised Codethis chapter or with any rule adopted under 12685
section 4781.26 of the Revised Codeit.12686

       Sec. 4905.01.  As used in this chapter:12687

       (A) "Railroad" has the same meaning as in section 4907.02 of 12688
the Revised Code.12689

       (B) "Motor carrier" has the same meaning as in section 12690
4923.01 of the Revised Code.12691

       (C) "Motor vehicle" and "public highway" have the same 12692
meanings as in section 4921.01 of the Revised Code.12693

       (D) "Ohio coal research and development costs" means all 12694
reasonable costs associated with a facility or project undertaken 12695
by a public utility for which a recommendation to allow the 12696
recovery of costs associated therewith has been made under 12697
division (B)(7) of section 1551.33 of the Revised Code, including, 12698
but not limited to, capital costs, such as costs of debt and 12699
equity; construction and operation costs; termination and 12700
retirement costs; costs of feasibility and marketing studies 12701
associated with the project; and the acquisition and delivery 12702
costs of Ohio coal used in the project, less any expenditures of 12703
grant moneys.12704

       (E) "Intermodal equipment provider" has the same meaning as 12705
in 49 C.F.R. 390.5.12706

       Sec. 4905.81.  The public utilities commission shall:12707

       (A) Supervise and regulate each motor carrier;12708

       (B) Regulate the safety of operation of each motor carrier 12709
and intermodal equipment provider;12710

       (C) Adopt reasonable safety rules applicable to the highway 12711
transportation of persons or property in interstate and intrastate 12712
commerce by motor carriers;12713

       (D) Adopt safety rules applicable to the transportation and 12714
offering for transportation of hazardous materials in interstate 12715
and intrastate commerce by motor carriers. The rules shall not be 12716
incompatible with the requirements of the United States department 12717
of transportation.12718

       (E) Require the filing of reports and other data by motor 12719
carriers;12720

       (F) Adopt reasonable rules for the administration and 12721
enforcement of this chapter and Chapters 4901., 4903., 4907., 12722
4909., 4921., and 4923. of the Revised Code applying to each motor 12723
carrier in this state;12724

       (G) Supervise and regulate motor carriers in all other 12725
matters affecting the relationship between those carriers and the 12726
public to the exclusion of all local authorities, except as 12727
provided in this section. The commission, in the exercise of the 12728
jurisdiction conferred upon it by this chapter and Chapters 4901., 12729
4903., 4907., 4909., 4921., and 4923. of the Revised Code, may 12730
adopt rules affecting motor carriers, notwithstanding the 12731
provisions of any ordinance, resolution, license, or permit 12732
enacted, adopted, or granted by any township, municipal 12733
corporation, municipal corporation and county, or county. In case 12734
of conflict between any such ordinance, resolution, license, or 12735
permit, the order or rule of the commission shall prevail. Local 12736
subdivisions may adopt reasonable local police rules within their 12737
respective boundaries not inconsistent with those chapters and 12738
rules adopted under them.12739

       The commission has jurisdiction to receive, hear, and 12740
determine as a question of fact, upon complaint of any party or 12741
upon its own motion, and upon not less than fifteen days' notice 12742
of the time and place of the hearing and the matter to be heard, 12743
whether any corporation, company, association, joint-stock 12744
association, person, firm, or copartnership, or their lessees, 12745
legal or personal representatives, trustees, or receivers or 12746
trustees appointed by any court, is engaged as a motor carrier. 12747
The finding of the commission on such a question is a final order 12748
that may be reviewed as provided in section 4923.15 of the Revised 12749
Code.12750

       Sec. 4905.95.  (A) Except as otherwise provided in division 12751
(C) of this section:12752

       (1) The public utilities commission, regarding any proceeding 12753
under this section, shall provide reasonable notice and the 12754
opportunity for a hearing in accordance with rules adopted under 12755
section 4901.13 of the Revised Code.12756

       (2) Sections 4903.02 to 4903.082, 4903.09 to 4903.16, and 12757
4903.20 to 4903.23 of the Revised Code apply to all proceedings 12758
and orders of the commission under this section and to all 12759
operators subject to those proceedings and orders.12760

       (B) If, pursuant to a proceeding it specially initiates or to 12761
any other proceeding and after the hearing provided for under 12762
division (A) of this section, the commission finds that:12763

       (1) An operator has violated or failed to comply with, or is 12764
violating or failing to comply with, sections 4905.90 to 4905.96 12765
of the Revised Code or the pipe-line safety code, the commission 12766
by order:12767

       (a) Shall require the operator to comply and to undertake 12768
corrective action necessary to protect the public safety;12769

       (b) May assess upon the operator forfeitures of not more than 12770
onetwo hundred thousand dollars for each day of each violation or 12771
noncompliance, except that the aggregate of such forfeitures shall 12772
not exceed onetwo million dollars for any related series of 12773
violations or noncompliances. In determining the amount of any 12774
such forfeiture, the commission shall consider all of the 12775
following:12776

       (i) The gravity of the violation or noncompliance;12777

       (ii) The operator's history of prior violations or 12778
noncompliances;12779

       (iii) The operator's good faith efforts to comply and 12780
undertake corrective action;12781

       (iv) The operator's ability to pay the forfeiture;12782

       (v) The effect of the forfeiture on the operator's ability to 12783
continue as an operator;12784

       (vi) Such other matters as justice may require.12785

All forfeitures collected under this division or section 4905.96 12786
of the Revised Code shall be deposited in the state treasury to 12787
the credit of the general revenue fund.12788

       (c) May direct the attorney general to seek the remedies 12789
provided in section 4905.96 of the Revised Code.12790

       (2) An intrastate pipe-line transportation facility is 12791
hazardous to life or property, the commission by order:12792

       (a) Shall require the operator of the facility to take 12793
corrective action to remove the hazard. Such corrective action may 12794
include suspended or restricted use of the facility, physical 12795
inspection, testing, repair, replacement, or other action.12796

       (b) May direct the attorney general to seek the remedies 12797
provided in section 4905.96 of the Revised Code.12798

       (C) If, pursuant to a proceeding it specially initiates or to 12799
any other proceeding, the commission finds that an emergency 12800
exists due to a condition on an intrastate pipe-line 12801
transportation facility posing a clear and immediate danger to 12802
life or health or threatening a significant loss of property and 12803
requiring immediate corrective action to protect the public 12804
safety, the commission may issue, without notice or prior hearing, 12805
an order reciting its finding and may direct the attorney general 12806
to seek the remedies provided in section 4905.96 of the Revised 12807
Code. The order shall remain in effect for not more than forty 12808
days after the date of its issuance. The order shall provide for a 12809
hearing as soon as possible, but not later than thirty days after 12810
the date of its issuance. After the hearing the commission shall 12811
continue, revoke, or modify the order and may make findings under 12812
and seek appropriate remedies as provided in division (B) of this 12813
section.12814

       Sec. 4909.157. (A) As used in this section, "manufactured gas 12815
plant" means a plant that was operational prior to 1970 and that 12816
produced, for sale to customers, manufactured gas from one of the 12817
following processes:12818

       (1) Coal gas;12819

       (2) Carburetted water gas;12820

       (3) Oil gas.12821

       (B) The public utilities commission may authorize a natural 12822
gas company or gas company to recover environmental remediation 12823
costs to which the following apply:12824

        (1) The costs are prudently incurred before January 1, 2025.12825

        (2) The costs are also related to real property to which all 12826
of the following apply:12827

       (a) The property was owned by the company or a predecessor in 12828
interest before July 1, 2014.12829

       (b) The property was formerly the site of a manufactured gas 12830
plant.12831

       (c) At the time recovery is authorized, the property is or 12832
was used for the provision of public utility service.12833

        (3) At least one of the following applies:12834

       (a) The costs were incurred under the voluntary action 12835
program as described in Chapter 3746. of the Revised Code.12836

       (b) The costs were ordered by an environmental agency with 12837
jurisdiction or a court with jurisdiction.12838

       (c) The costs were the subject of a previously authorized 12839
regulatory asset.12840

       (C) Recovery under this section may be provided for through 12841
the establishment of a mechanism by the commission. Any such 12842
mechanism shall set forth the specific terms of the recovery. The 12843
mechanism shall include an application and an evidentiary hearing 12844
in which the applicant shall bear the burden of proof.12845

       (D) In determining whether to authorize recovery under this 12846
section, and in determining any amount of recovery, the commission 12847
may consider, in its prudency review, any or all of the following:12848

       (1) The potential liability of third parties for the 12849
environmental remediation costs, and whether and to what extent 12850
those parties should share in payment of those costs;12851

       (2) To the extent that it can be ascertained, whether and to 12852
what extent the contamination associated with the environmental 12853
remediation costs occurred prior to the date that the company was 12854
first subject to the regulatory authority of the commission under 12855
Chapter 4905. of the Revised Code;12856

       (3) Whether the remediation obligation initially arose during 12857
a time when the company was subject to the regulatory authority of 12858
the commission under Chapter 4905. of the Revised Code.12859

        (E) If the commission authorizes recovery under this section, 12860
the company, upon the sale of the property described in division 12861
(B)(2) of this section, shall return to the company's customers 12862
the difference between the sale price of the property, minus any 12863
reasonable expenses related to the sale, and the fair market value 12864
of the property prior to remediation.12865

        (F) Divisions (A)(1) and (4) of section 4909.15 of the 12866
Revised Code do not preclude the recovery of environmental 12867
remediation costs as described in this section.12868

       Sec. 4923.01.  As used in this chapter:12869

       (A) "Ambulance," "interstate commerce," "intrastate 12870
commerce," "motor vehicle," "public highway," "ridesharing 12871
arrangement," and "school bus" have the same meanings as in 12872
section 4921.01 of the Revised Code.12873

       (B) "For-hire motor carrier" means a person engaged in the 12874
business of transporting persons or property by motor vehicle for 12875
compensation, except when engaged in any of the following in 12876
intrastate commerce:12877

       (1) The transportation of persons in taxicabs in the usual 12878
taxicab service;12879

       (2) The transportation of pupils in school busses operating 12880
to or from school sessions or school events;12881

       (3) The transportation of farm supplies to the farm or farm 12882
products from farm to market or to food fabricating plants;12883

       (4) The distribution of newspapers;12884

       (5) The transportation of crude petroleum incidental to 12885
gathering from wells and delivery to destination by pipe line;12886

       (6) The transportation of injured, ill, or deceased persons 12887
by hearse or ambulance;12888

       (7) The transportation of compost (a combination of manure 12889
and sand or shredded bark mulch) or shredded bark mulch;12890

       (8) The transportation of persons in a ridesharing 12891
arrangement when any fee charged each person so transported is in 12892
such amount as to recover only the person's share of the costs of 12893
operating the motor vehicle for such purpose;12894

       (9) The operation of motor vehicles for contractors on public 12895
road work.12896

       "For-hire motor carrier" includes the carrier's agents, 12897
officers, and representatives, as well as employees responsible 12898
for hiring, supervising, training, assigning, or dispatching 12899
drivers and employees concerned with the installation, inspection, 12900
and maintenance of motor-vehicle equipment and accessories.12901

       Divisions (B)(1) to (9) of this section shall not be 12902
construed to relieve a person from compliance with rules adopted 12903
under division (A)(2) of section 4923.04 of the Revised Code, 12904
division (E) of section 4923.06 of the Revised Code, division (B) 12905
of section 4923.07 of the Revised Code, and section 4923.11 of the 12906
Revised Code, or from compliance with rules regarding commercial 12907
driver's licenses adopted under division (A)(1) of section 4923.04 12908
of the Revised Code.12909

       (C) "Interchange" and "intermodal equipment" have the same 12910
meanings as in 49 C.F.R. 390.5.12911

       (D) "Motor carrier" means both a for-hire motor carrier and a 12912
private motor carrier.12913

       (D)(E) "Private motor carrier" means a person who is not a 12914
for-hire motor carrier but is engaged in the business of 12915
transporting persons or property by motor vehicle, except as 12916
provided in section 4923.02 of the Revised Code. "Private motor 12917
carrier" includes the carrier's agents, officers, and 12918
representatives, as well as employees responsible for hiring, 12919
supervising, training, assigning, or dispatching drivers and 12920
employees concerned with the installation, inspection, and 12921
maintenance of motor-vehicle equipment and accessories.12922

       Sec. 4923.02.  (A) As used in this chapter, "private motor 12923
carrier" does not include a person when engaged in any of the 12924
following in intrastate commerce:12925

       (1) The transportation of persons in taxicabs in the usual 12926
taxicab service;12927

       (2) The transportation of pupils in school busses operating 12928
to or from school sessions or school events;12929

       (3) The transportation of farm supplies to the farm or farm 12930
products from farm to market or to food fabricating plants;12931

       (4) The distribution of newspapers;12932

       (5) The transportation of crude petroleum incidental to 12933
gathering from wells and delivery to destination by pipe line;12934

       (6) The transportation of injured, ill, or deceased persons 12935
by hearse or ambulance; 12936

       (7) The transportation of compost (a combination of manure 12937
and sand or shredded bark mulch) or shredded bark mulch;12938

       (8) The transportation of persons in a ridesharing 12939
arrangement when any fee charged each person so transported is in 12940
such amount as to recover only the person's share of the costs of 12941
operating the motor vehicle for such purpose;12942

       (9) The operation of motor vehicles for contractors on public 12943
road work.12944

       (B) The public utilities commission may grant a motor carrier 12945
operating in intrastate commerce a temporary exemption from some 12946
or all of the provisions of this chapter and the rules adopted 12947
under it, when either of the following applies:12948

       (1) The governor of this state has declared an emergency.12949

       (2) The chairperson of the commission or the chairperson's 12950
designee has declared a transportation-specific emergency.12951

       (C) The commission may adopt rules not incompatible with the 12952
requirements of the United States department of transportation to 12953
provide exemptions to motor carriers operating in intrastate 12954
commerce not otherwise identified in divisions (A) and (B) of this 12955
section.12956

       (D) Divisions (A) to (C) of this section shall not be 12957
construed to relieve a person from compliance with either of the 12958
following:12959

       (1) Rules adopted under division (A)(2) of section 4923.04 of 12960
the Revised Code, division (E) of section 4923.06 of the Revised 12961
Code, division (B) of section 4923.07 of the Revised Code, and 12962
section 4923.11 of the Revised Code;12963

       (2) Rules regarding commercial driver's licenses adopted 12964
under division (A)(1) of section 4923.04 of the Revised Code;12965

       (3) Rules adopted under section 4921.15 of the Revised Code 12966
regarding uniform registration and permitting of carriers of 12967
hazardous materials and other applicable provisions of that 12968
section and division (H) of section 4921.19 of the Revised Code.12969

       Sec. 4923.04.  (A)(1) The public utilities commission shall 12970
adopt rules applicable to the transportationfollowing:12971

       (1) Transportation of persons or property by motor carriers 12972
operating in interstate and intrastate commerce.;12973

       (2) The commission shall adopt rules applicable to the 12974
highwayHighway transportation and offering for transportation of 12975
hazardous materials by motor carriers, and persons engaging in the 12976
highway transportation and offering for transportation of 12977
hazardous materials, operating in interstate or intrastate 12978
commerce;12979

       (3) Use and interchange of intermodal equipment. 12980

       (B) The rules adopted under division (A) of this section 12981
shall not be incompatible with the requirements of the United 12982
States department of transportation.12983

       (C) To achieve the purposes of this chapter and to assist the 12984
commission in the performance of any of its powers or duties, the 12985
commission, either through the public utilities commissioners or 12986
employees authorized by it, may do either or both of the 12987
following:12988

       (1) Apply for, and any judge of a court of record of 12989
competent jurisdiction may issue, an appropriate search warrant;12990

       (2) Examine under oath, at the offices of the commission, any 12991
officer, agent, or employee of any person subject to this chapter. 12992
The commission, by subpoena, also may compel the attendance of a 12993
witness for the purpose of the examination and, by subpoena duces 12994
tecum, may compel the production of all books, contracts, records, 12995
and documents that relate to the transportation and offering for 12996
transportation of hazardous materialscompliance with this chapter 12997
and the rules adopted thereunder.12998

       Sec. 4928.66. (A)(1)(a) Beginning in 2009, an electric 12999
distribution utility shall implement energy efficiency programs 13000
that achieve energy savings equivalent to at least three-tenths of 13001
one per cent of the total, annual average, and normalized 13002
kilowatt-hour sales of the electric distribution utility during 13003
the preceding three calendar years to customers in this state. An 13004
energy efficiency program may include a combined heat and power 13005
system placed into service or retrofitted on or after the 13006
effective date of the amendment of this section by S.B. 315 of the 13007
129th general assembly, September 10, 2012, or a waste energy 13008
recovery system placed into service or retrofitted on or after the 13009
same dateSeptember 10, 2012, except that a waste energy recovery 13010
system described in division (A)(38)(b) of section 4928.01 of the 13011
Revised Code may be included only if it was placed into service 13012
between January 1, 2002, and December 31, 2004. For a waste energy 13013
recovery or combined heat and power system, the savings shall be 13014
as estimated by the public utilities commission. The savings 13015
requirement, using such a three-year average, shall increase to an 13016
additional five-tenths of one per cent in 2010, seven-tenths of 13017
one per cent in 2011, eight-tenths of one per cent in 2012, 13018
nine-tenths of one per cent in 2013, one per cent from 2014 to 13019
2018, and two per cent each year thereafter, achieving a 13020
cumulative, annual energy savings in excess of twenty-two per cent 13021
by the end of 2025. For purposes of a waste energy recovery or 13022
combined heat and power system, an electric distribution utility 13023
shall not apply more than the total annual percentage of the 13024
electric distribution utility's industrial-customer load, relative 13025
to the electric distribution utility's total load, to the annual 13026
energy savings requirement.13027

       (b) Beginning in 2009, an electric distribution utility shall 13028
implement peak demand reduction programs designed to achieve a one 13029
per cent reduction in peak demand in 2009 and an additional 13030
seventy-five hundredths of one per cent reduction each year 13031
through 2018. In 2018, the standing committees in the house of 13032
representatives and the senate primarily dealing with energy 13033
issues shall make recommendations to the general assembly 13034
regarding future peak demand reduction targets.13035

       (2) For the purposes of divisions (A)(1)(a) and (b) of this 13036
section:13037

       (a) The baseline for energy savings under division (A)(1)(a) 13038
of this section shall be the average of the total kilowatt hours 13039
the electric distribution utility sold in the preceding three 13040
calendar years, and the baseline for a peak demand reduction under 13041
division (A)(1)(b) of this section shall be the average peak 13042
demand on the utility in the preceding three calendar years, 13043
except that the commission may reduce either baseline to adjust 13044
for new economic growth in the utility's certified territory.13045

       (b) The commission may amend the benchmarks set forth in 13046
division (A)(1)(a) or (b) of this section if, after application by 13047
the electric distribution utility, the commission determines that 13048
the amendment is necessary because the utility cannot reasonably 13049
achieve the benchmarks due to regulatory, economic, or 13050
technological reasons beyond its reasonable control.13051

       (c) Compliance with divisions (A)(1)(a) and (b) of this 13052
section shall be measured by including the effects of all 13053
demand-response programs for mercantile customers of the subject 13054
electric distribution utility, all waste energy recovery systems 13055
and all combined heat and power systems, and all such mercantile 13056
customer-sited energy efficiency, including waste energy recovery 13057
and combined heat and power, and peak demand reduction programs, 13058
adjusted upward by the appropriate loss factors. Any mechanism 13059
designed to recover the cost of energy efficiency, including waste 13060
energy recovery and combined heat and power, and peak demand 13061
reduction programs under divisions (A)(1)(a) and (b) of this 13062
section may exempt mercantile customers that commit their 13063
demand-response or other customer-sited capabilities, whether 13064
existing or new, for integration into the electric distribution 13065
utility's demand-response, energy efficiency, including waste 13066
energy recovery and combined heat and power, or peak demand 13067
reduction programs, if the commission determines that that 13068
exemption reasonably encourages such customers to commit those 13069
capabilities to those programs. If a mercantile customer makes 13070
such existing or new demand-response, energy efficiency, including 13071
waste energy recovery and combined heat and power, or peak demand 13072
reduction capability available to an electric distribution utility 13073
pursuant to division (A)(2)(c) of this section, the electric 13074
utility's baseline under division (A)(2)(a) of this section shall 13075
be adjusted to exclude the effects of all such demand-response, 13076
energy efficiency, including waste energy recovery and combined 13077
heat and power, or peak demand reduction programs that may have 13078
existed during the period used to establish the baseline. The 13079
baseline also shall be normalized for changes in numbers of 13080
customers, sales, weather, peak demand, and other appropriate 13081
factors so that the compliance measurement is not unduly 13082
influenced by factors outside the control of the electric 13083
distribution utility.13084

       (d) Programs implemented by a utility may include 13085
demand-response programs, smart grid investment programs, provided 13086
that such programs are demonstrated to be cost-beneficial, 13087
customer-sited programs, including waste energy recovery and 13088
combined heat and power systems, and transmission and distribution 13089
infrastructure improvements that reduce line losses. Division 13090
(A)(2)(c) of this section shall be applied to include facilitating 13091
efforts by a mercantile customer or group of those customers to 13092
offer customer-sited demand-response, energy efficiency, including 13093
waste energy recovery and combined heat and power, or peak demand 13094
reduction capabilities to the electric distribution utility as 13095
part of a reasonable arrangement submitted to the commission 13096
pursuant to section 4905.31 of the Revised Code.13097

       (e) No programs or improvements described in division 13098
(A)(2)(d) of this section shall conflict with any statewide 13099
building code adopted by the board of building standards.13100

       (B) In accordance with rules it shall adopt, the public 13101
utilities commission shall produce and docket at the commission an 13102
annual report containing the results of its verification of the 13103
annual levels of energy efficiency and of peak demand reductions 13104
achieved by each electric distribution utility pursuant to 13105
division (A) of this section. A copy of the report shall be 13106
provided to the consumers' counsel.13107

       (C) If the commission determines, after notice and 13108
opportunity for hearing and based upon its report under division 13109
(B) of this section, that an electric distribution utility has 13110
failed to comply with an energy efficiency or peak demand 13111
reduction requirement of division (A) of this section, the 13112
commission shall assess a forfeiture on the utility as provided 13113
under sections 4905.55 to 4905.60 and 4905.64 of the Revised Code, 13114
either in the amount, per day per undercompliance or 13115
noncompliance, relative to the period of the report, equal to that 13116
prescribed for noncompliances under section 4905.54 of the Revised 13117
Code, or in an amount equal to the then existing market value of 13118
one renewable energy credit per megawatt hour of undercompliance 13119
or noncompliance. Revenue from any forfeiture assessed under this 13120
division shall be deposited to the credit of the advanced energy 13121
fund created under section 4928.61 of the Revised Code.13122

       (D) The commission may establish rules regarding the content 13123
of an application by an electric distribution utility for 13124
commission approval of a revenue decoupling mechanism under this 13125
division. Such an application shall not be considered an 13126
application to increase rates and may be included as part of a 13127
proposal to establish, continue, or expand energy efficiency or 13128
conservation programs. The commission by order may approve an 13129
application under this division if it determines both that the 13130
revenue decoupling mechanism provides for the recovery of revenue 13131
that otherwise may be forgone by the utility as a result of or in 13132
connection with the implementation by the electric distribution 13133
utility of any energy efficiency or energy conservation programs 13134
and reasonably aligns the interests of the utility and of its 13135
customers in favor of those programs.13136

       (E) The commission additionally shall adopt rules that 13137
require an electric distribution utility to provide a customer 13138
upon request with two years' consumption data in an accessible 13139
form.13140

       Sec. 5104.03.  (A) Any person, firm, organization, 13141
institution, or agency seeking to establish a child day-care 13142
center, type A family day-care home, or licensed type B family 13143
day-care home shall apply for a license to the director of job and 13144
family services on such form as the director prescribes. The 13145
director shall provide at no charge to each applicant for 13146
licensure a copy of the child care license requirements in this 13147
chapter and a copy of the rules adopted pursuant to this chapter. 13148
The copies may be provided in paper or electronic form.13149

       Fees shall be set by the director pursuant to sections 13150
5104.015, 5104.017, and 5104.018 of the Revised Code and shall be 13151
paid at the time of application for a license to operate a center, 13152
type A home, or type B home. Fees collected under this section 13153
shall be paid into the state treasury to the credit of the general 13154
revenue fund.13155

       (B)(1) Upon filing of the application for a license, the 13156
director shall investigate and inspect the center, type A home, or 13157
type B home to determine the license capacity for each age 13158
category of children of the center, type A home, or type B home 13159
and to determine whether the center, type A home, or type B home 13160
complies with this chapter and rules adopted pursuant to this 13161
chapter. When, after investigation and inspection, the director is 13162
satisfied that this chapter and rules adopted pursuant to it are 13163
complied with, subject to division (H) of this section, a license 13164
shall be issued as soon as practicable in such form and manner as 13165
prescribed by the director. The license shall be designated as 13166
provisional and shall be valid for twelve months from the date of 13167
issuance unless revoked.13168

       (2) The director may contract with a government entity or a 13169
private nonprofit entity for the entity to inspect and license13170
type B family day-care homes pursuant to this section. If the 13171
director contracts with a government entity or private nonprofit 13172
entity for that purpose, the entity may contract with another 13173
government entity or private nonprofit entity for the other entity 13174
to inspect type B homes pursuant to this section. The department13175
director, government entity, or private nonprofit entity shall 13176
conduct thean inspection prior to the issuance of a license for 13177
thea type B home and, as part of that inspection, ensure that the 13178
type B home is safe and sanitary.13179

       (C)(1) On receipt of an application for licensure as a type B 13180
family day-care home to provide publicly funded child care, the 13181
departmentdirector shall search the uniform statewide automated 13182
child welfare information system for information concerning any 13183
abuse or neglect report made pursuant to section 2151.421 of the 13184
Revised Code of which the applicant, any other adult residing in 13185
the applicant's home, or a person designated by the applicant to 13186
be an emergency or substitute caregiver for the applicant is the 13187
subject.13188

       (2) The departmentdirector shall consider any information it 13189
discoversdiscovered pursuant to division (C)(1) of this section 13190
or that is provided by a public children services agency pursuant 13191
to section 5153.175 of the Revised Code. If the department13192
director determines that the information, when viewed within the 13193
totality of the circumstances, reasonably leads to the conclusion 13194
that the applicant may directly or indirectly endanger the health, 13195
safety, or welfare of children, the departmentdirector shall deny 13196
the application for licensure or revoke the license of a type B 13197
family day-care home. 13198

        (D) The director shall investigate and inspect the center, 13199
type A home, or type B home at least once during operation under a 13200
license designated as provisional. If after the investigation and 13201
inspection the director determines that the requirements of this 13202
chapter and rules adopted pursuant to this chapter are met, 13203
subject to division (H) of this section, the director shall issue 13204
a new license to the center or home.13205

        (E) Each license shall state the name of the licensee, the 13206
name of the administrator, the address of the center, type A home, 13207
or licensed type B home, and the license capacity for each age 13208
category of children. The license shall include thereon, in 13209
accordance with sections 5104.015, 5104.017, and 5104.018 of the 13210
Revised Code, the toll-free telephone number to be used by persons 13211
suspecting that the center, type A home, or licensed type B home 13212
has violated a provision of this chapter or rules adopted pursuant 13213
to this chapter. A license is valid only for the licensee, 13214
administrator, address, and license capacity for each age category 13215
of children designated on the license. The license capacity 13216
specified on the license is the maximum number of children in each 13217
age category that may be cared for in the center, type A home, or 13218
licensed type B home at one time.13219

       The center or type A home licensee shall notify the director 13220
when the administrator of the center or home changes. The director 13221
shall amend the current license to reflect a change in an 13222
administrator, if the administrator meets the requirements of this 13223
chapter and rules adopted pursuant to this chapter, or a change in 13224
license capacity for any age category of children as determined by 13225
the director of job and family services.13226

       (F) If the director revokes the license of a center, a type A 13227
home, or a type B home, the director shall not issue another 13228
license to the owner of the center, type A home, or type B home 13229
until five years have elapsed from the date the license is 13230
revoked. 13231

        If the director denies an application for a license, the 13232
director shall not accept another application from the applicant 13233
until five years have elapsed from the date the application is 13234
denied.13235

       (G) If during the application for licensure process the 13236
director determines that the license of the owner has been 13237
revoked, the investigation of the center, type A home, or type B 13238
home shall cease. This action does not constitute denial of the 13239
application and may not be appealed under division (H) of this 13240
section. 13241

       (H) All actions of the director with respect to licensing 13242
centers, type A homes, or type B homes, refusal to license, and 13243
revocation of a license shall be in accordance with Chapter 119. 13244
of the Revised Code. Any applicant who is denied a license or any 13245
owner whose license is revoked may appeal in accordance with 13246
section 119.12 of the Revised Code.13247

       (I) In no case shall the director issue a license under this 13248
section for a center, type A home, or type B home if the director, 13249
based on documentation provided by the appropriate county 13250
department of job and family services, determines that the 13251
applicant had been certified as a type B family day-care home when 13252
such certifications were issued by county departments prior to 13253
January 1, 2014, that the county department revoked that 13254
certification within the immediately preceding five years, that 13255
the revocation was based on the applicant's refusal or inability 13256
to comply with the criteria for certification, and that the 13257
refusal or inability resulted in a risk to the health or safety of 13258
children.13259

       (J)(1) Except as provided in division (J)(2) of this section, 13260
an administrator of a type B family day-care home that receives a 13261
license pursuant to this section to provide publicly funded child 13262
care is an independent contractor and is not an employee of the 13263
department of job and family services.13264

       (2) For purposes of Chapter 4141. of the Revised Code, 13265
determinations concerning the employment of an administrator of a 13266
type B family day-care home that receives a license pursuant to 13267
this section shall be determined under Chapter 4141. of the 13268
Revised Code.13269

       Sec. 5122.36. If the legal residence of a person suffering 13270
from mental illness is in another county of the state, the 13271
necessary expense of the person's return is a proper charge 13272
against the county of legal residence. If an adjudication and 13273
order of hospitalization by the probate court of the county of 13274
temporary residence are required, the regular probate court fees 13275
and expenses incident to the order of hospitalization under this 13276
chapter and any other expense incurred on the person's behalf 13277
shall be charged to and paid by the county of the person's legal 13278
residence upon the approval and certification of the probate judge 13279
of that county. The ordering court shall send to the probate court 13280
of the person's county of legal residence a certified transcript 13281
of all proceedings had in the ordering court. The receiving court 13282
shall enter and record the transcript. The certified transcript is 13283
prima facie evidence of the residence of the person. When the 13284
residence of the person cannot be established as represented by 13285
the ordering court, the matter of residence shall be referred to 13286
the department of mental health and addiction services for 13287
investigation and determination.13288

       Sec. 5123.01.  As used in this chapter:13289

       (A) "Chief medical officer" means the licensed physician 13290
appointed by the managing officer of an institution for the 13291
mentally retarded with the approval of the director of 13292
developmental disabilities to provide medical treatment for 13293
residents of the institution.13294

       (B) "Chief program director" means a person with special 13295
training and experience in the diagnosis and management of the 13296
mentally retarded, certified according to division (C) of this 13297
section in at least one of the designated fields, and appointed by 13298
the managing officer of an institution for the mentally retarded 13299
with the approval of the director to provide habilitation and care 13300
for residents of the institution.13301

       (C) "Comprehensive evaluation" means a study, including a 13302
sequence of observations and examinations, of a person leading to 13303
conclusions and recommendations formulated jointly, with 13304
dissenting opinions if any, by a group of persons with special 13305
training and experience in the diagnosis and management of persons 13306
with mental retardation or a developmental disability, which group 13307
shall include individuals who are professionally qualified in the 13308
fields of medicine, psychology, and social work, together with 13309
such other specialists as the individual case may require.13310

       (D) "Education" means the process of formal training and 13311
instruction to facilitate the intellectual and emotional 13312
development of residents.13313

       (E) "Habilitation" means the process by which the staff of 13314
the institution assists the resident in acquiring and maintaining 13315
those life skills that enable the resident to cope more 13316
effectively with the demands of the resident's own person and of 13317
the resident's environment and in raising the level of the 13318
resident's physical, mental, social, and vocational efficiency. 13319
Habilitation includes but is not limited to programs of formal, 13320
structured education and training.13321

       (F) "Health officer" means any public health physician, 13322
public health nurse, or other person authorized or designated by a 13323
city or general health district.13324

       (G) "Home and community-based services" means medicaid-funded 13325
home and community-based services specified in division (A)(1) of 13326
section 5166.20 of the Revised Code provided under the medicaid 13327
waiver components the department of developmental disabilities 13328
administers pursuant to section 5166.21 of the Revised Code. 13329
Except as provided in section 5123.0412 of the Revised Code, home 13330
and community-based services provided under the medicaid waiver 13331
component known as the transitions developmental disabilities 13332
waiver are to be considered to be home and community-based 13333
services for the purposes of this chapter, and Chapters 5124. and 13334
5126. of the Revised Code, only to the extent, if any, provided by 13335
the contract required by section 5166.21 of the Revised Code 13336
regarding the waiver.13337

       (H) "ICF/IID" has the same meaning as in section 5124.01 of 13338
the Revised Code.13339

       (I) "Indigent person" means a person who is unable, without 13340
substantial financial hardship, to provide for the payment of an 13341
attorney and for other necessary expenses of legal representation, 13342
including expert testimony.13343

       (J) "Institution" means a public or private facility, or a 13344
part of a public or private facility, that is licensed by the 13345
appropriate state department and is equipped to provide 13346
residential habilitation, care, and treatment for the mentally 13347
retarded.13348

       (K) "Licensed physician" means a person who holds a valid 13349
certificate issued under Chapter 4731. of the Revised Code 13350
authorizing the person to practice medicine and surgery or 13351
osteopathic medicine and surgery, or a medical officer of the 13352
government of the United States while in the performance of the 13353
officer's official duties.13354

       (L) "Managing officer" means a person who is appointed by the 13355
director of developmental disabilities to be in executive control 13356
of an institution for the mentally retarded under the jurisdiction 13357
of the department.13358

       (M) "Medicaid case management services" means case management 13359
services provided to an individual with mental retardation or 13360
other developmental disability that the state medicaid plan 13361
requires.13362

       (N) "Mentally retarded person" means a person having 13363
significantly subaverage general intellectual functioning existing 13364
concurrently with deficiencies in adaptive behavior, manifested 13365
during the developmental period.13366

       (O) "Mentally retarded person subject to institutionalization 13367
by court order" means a person eighteen years of age or older who 13368
is at least moderately mentally retarded and in relation to whom, 13369
because of the person's retardation, either of the following 13370
conditions exist:13371

       (1) The person represents a very substantial risk of physical 13372
impairment or injury to self as manifested by evidence that the 13373
person is unable to provide for and is not providing for the 13374
person's most basic physical needs and that provision for those 13375
needs is not available in the community;13376

       (2) The person needs and is susceptible to significant 13377
habilitation in an institution.13378

       (P) "A person who is at least moderately mentally retarded" 13379
means a person who is found, following a comprehensive evaluation, 13380
to be impaired in adaptive behavior to a moderate degree and to be 13381
functioning at the moderate level of intellectual functioning in 13382
accordance with standard measurements as recorded in the most 13383
current revision of the manual of terminology and classification 13384
in mental retardation published by the American association on 13385
mental retardation.13386

       (Q) As used in this division, "substantial functional 13387
limitation," "developmental delay," and "established risk" have13388
has the meaningsmeaning established pursuant to section 5123.011 13389
of the Revised Code.13390

       "Developmental disability" means a severe, chronic disability 13391
that is characterized by all of the following:13392

       (1) It is attributable to a mental or physical impairment or 13393
a combination of mental and physical impairments, other than a 13394
mental or physical impairment solely caused by mental illness as 13395
defined in division (A) of section 5122.01 of the Revised Code.13396

       (2) It is manifested before age twenty-two.13397

       (3) It is likely to continue indefinitely.13398

       (4) It results in one of the following:13399

       (a) In the case of a person under three years of age, at 13400
least one developmental delay or an established riska diagnosed 13401
physical or mental condition that has a high probability of 13402
resulting in a developmental delay;13403

       (b) In the case of a person at least three years of age but 13404
under six years of age, at least two developmental delays or an 13405
established risk;13406

       (c) In the case of a person six years of age or older, a 13407
substantial functional limitation in at least three of the 13408
following areas of major life activity, as appropriate for the 13409
person's age: self-care, receptive and expressive language, 13410
learning, mobility, self-direction, capacity for independent 13411
living, and, if the person is at least sixteen years of age, 13412
capacity for economic self-sufficiency.13413

       (5) It causes the person to need a combination and sequence 13414
of special, interdisciplinary, or other type of care, treatment, 13415
or provision of services for an extended period of time that is 13416
individually planned and coordinated for the person.13417

       (R) "Developmentally disabled person" means a person with a 13418
developmental disability.13419

       (S) "State institution" means an institution that is 13420
tax-supported and under the jurisdiction of the department.13421

       (T) "Residence" and "legal residence" have the same meaning 13422
as "legal settlement," which is acquired by residing in Ohio for a 13423
period of one year without receiving general assistance prior to 13424
July 17, 1995, under former Chapter 5113. of the Revised Code, 13425
financial assistance under Chapter 5115. of the Revised Code, or 13426
assistance from a private agency that maintains records of 13427
assistance given. A person having a legal settlement in the state 13428
shall be considered as having legal settlement in the assistance 13429
area in which the person resides. No adult person coming into this 13430
state and having a spouse or minor children residing in another 13431
state shall obtain a legal settlement in this state as long as the 13432
spouse or minor children are receiving public assistance, care, or 13433
support at the expense of the other state or its subdivisions. For 13434
the purpose of determining the legal settlement of a person who is 13435
living in a public or private institution or in a home subject to 13436
licensing by the department of job and family services, the 13437
department of mental health and addiction services, or the 13438
department of developmental disabilities, the residence of the 13439
person shall be considered as though the person were residing in 13440
the county in which the person was living prior to the person's 13441
entrance into the institution or home. Settlement once acquired 13442
shall continue until a person has been continuously absent from 13443
Ohio for a period of one year or has acquired a legal residence in 13444
another state. A woman who marries a man with legal settlement in 13445
any county immediately acquires the settlement of her husband. The 13446
legal settlement of a minor is that of the parents, surviving 13447
parent, sole parent, parent who is designated the residential 13448
parent and legal custodian by a court, other adult having 13449
permanent custody awarded by a court, or guardian of the person of 13450
the minor, provided that:13451

       (1) A minor female who marries shall be considered to have 13452
the legal settlement of her husband and, in the case of death of 13453
her husband or divorce, she shall not thereby lose her legal 13454
settlement obtained by the marriage.13455

       (2) A minor male who marries, establishes a home, and who has 13456
resided in this state for one year without receiving general 13457
assistance prior to July 17, 1995, under former Chapter 5113. of 13458
the Revised Code, financial assistance under Chapter 5115. of the 13459
Revised Code, or assistance from a private agency that maintains 13460
records of assistance given shall be considered to have obtained a 13461
legal settlement in this state.13462

       (3) The legal settlement of a child under eighteen years of 13463
age who is in the care or custody of a public or private child 13464
caring agency shall not change if the legal settlement of the 13465
parent changes until after the child has been in the home of the 13466
parent for a period of one year.13467

       No person, adult or minor, may establish a legal settlement 13468
in this state for the purpose of gaining admission to any state 13469
institution.13470

       (U)(1) "Resident" means, subject to division (U)(2) of this 13471
section, a person who is admitted either voluntarily or 13472
involuntarily to an institution or other facility pursuant to 13473
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised 13474
Code subsequent to a finding of not guilty by reason of insanity 13475
or incompetence to stand trial or under this chapter who is under 13476
observation or receiving habilitation and care in an institution.13477

       (2) "Resident" does not include a person admitted to an 13478
institution or other facility under section 2945.39, 2945.40, 13479
2945.401, or 2945.402 of the Revised Code to the extent that the 13480
reference in this chapter to resident, or the context in which the 13481
reference occurs, is in conflict with any provision of sections 13482
2945.37 to 2945.402 of the Revised Code.13483

       (V) "Respondent" means the person whose detention, 13484
commitment, or continued commitment is being sought in any 13485
proceeding under this chapter.13486

       (W) "Working day" and "court day" mean Monday, Tuesday, 13487
Wednesday, Thursday, and Friday, except when such day is a legal 13488
holiday.13489

       (X) "Prosecutor" means the prosecuting attorney, village 13490
solicitor, city director of law, or similar chief legal officer 13491
who prosecuted a criminal case in which a person was found not 13492
guilty by reason of insanity, who would have had the authority to 13493
prosecute a criminal case against a person if the person had not 13494
been found incompetent to stand trial, or who prosecuted a case in 13495
which a person was found guilty.13496

       (Y) "Court" means the probate division of the court of common 13497
pleas.13498

       (Z) "Supported living" and "residential services" have the 13499
same meanings as in section 5126.01 of the Revised Code.13500

       Sec. 5123.011. The director of developmental disabilities 13501
shall adopt rules in accordance with Chapter 119. of the Revised 13502
Code that establish definitions of "substantial functional 13503
limitation,"to do both of the following:13504

       (A) Define "developmental delay," "established risk," 13505
"biological risk," and "environmental risk.";13506

       (B) For the purpose of division (Q)(4)(c) of section 5123.01 13507
and division (F)(4)(c) of section 5126.01 of the Revised Code, 13508
specify how to determine whether a person six years of age or 13509
older has a substantial functional limitation in a major life 13510
activity as appropriate for the person's age.13511

       Sec. 5123.012.  (A) As used in this section:13512

       (1) "Biological risk" and "environmental risk" have the 13513
meanings established pursuant to section 5123.011 of the Revised 13514
Code.13515

       (2) "Preschool, "preschool child with a disability" has the 13516
same meaning as in section 3323.01 of the Revised Code.13517

       (B) Except as provided in division (C) of this section, the 13518
department of developmental disabilities shall make eligibility 13519
determinations in accordance with the definition of "developmental 13520
disability" in section 5123.01 of the Revised Code. The department 13521
may adopt rules in accordance with Chapter 119. of the Revised 13522
Code establishing eligibility for programs and services for either 13523
of the following:13524

       (1) Individuals under age six who have a biological risk or 13525
environmental risk of a developmental delay;13526

       (2) Anyany preschool child with a disability eligible for 13527
services under section 3323.02 of the Revised Code whose 13528
disability is not attributable solely to mental illness as defined 13529
in section 5122.01 of the Revised Code.13530

       (C)(1) The department shall make determinations of 13531
eligibility for protective services in accordance with sections 13532
5123.55 to 5123.59 of the Revised Code.13533

       (2) Determinations of whether a mentally retarded person is 13534
subject to institutionalization by court order shall be made in 13535
accordance with sections 5123.71 to 5123.76 of the Revised Code 13536
and shall be based on the definition of "mentally retarded person 13537
subject to institutionalization by court order" in section 5123.01 13538
of the Revised Code.13539

       (3) All persons who were eligible for services and enrolled 13540
in programs offered by the department of developmental 13541
disabilities pursuant to this chapter on July 1, 1991, shall 13542
continue to be eligible for those services and to be enrolled in 13543
those programs as long as they are in need of services.13544

       Sec. 5123.0420.  As used in this section, "evidence-based 13545
intervention" means a prevention or treatment service that has 13546
been demonstrated through scientific evaluation to produce a 13547
positive outcome.13548

       The department of developmental disabilities shall establish 13549
a voluntary training and certification program for individuals who 13550
provide evidence-based interventions to individuals with an autism 13551
spectrum disorder. The department shall administer the program or 13552
contract with a person or other government entity to administer 13553
the program. The program shall not conflict with or duplicate any 13554
other certification or licensure process administered by the 13555
state.13556

       The director of developmental disabilities may adopt rules as 13557
necessary to implement this section. If the director adopts rules, 13558
the rules shall be adopted in accordance with Chapter 119. of the 13559
Revised Code.13560

       Sec. 5123.081.  (A) As used in this section:13561

       (1)(a) "Applicant" means any of the following:13562

       (i) A person who is under final consideration for appointment 13563
to or employment withhiring by the department of developmental 13564
disabilities or a county board of developmental disabilities;13565

       (ii) A person who is being transferred to the department or a 13566
county board;13567

       (iii) An employee who is being recalled to or reemployed by 13568
the department or a county board after a layoff;13569

        (iv) A person under final consideration for a direct services 13570
position with a provider or subcontractor.13571

        (b) Neither of the following is an applicant:13572

        (i) A person who is employed by a responsible entity in a 13573
position for which a criminal records check is required by this 13574
section and either is being considered for a different position 13575
with the responsible entity or is returning after a leave of 13576
absence or seasonal break in employment, unless the responsible 13577
entity has reason to believe that the person has committed a 13578
disqualifying offense;13579

        (ii) A person who is to provide only respite care under a 13580
family support services program established under section 5126.11 13581
of the Revised Code if a family member of the individual with 13582
mental retardation or a developmental disability who is to receive 13583
the respite care selects the person.13584

       (2) "Criminal records check" has the same meaning as in 13585
section 109.572 of the Revised Code.13586

       (3) "Direct services position" means an employment position 13587
in which the employee has the opportunity to be alone with or 13588
exercises supervision or control over one or more individuals with 13589
mental retardation or a developmental disability.13590

        (4) "Disqualifying offense" means any of the offenses listed 13591
or described in divisions (A)(3)(a) to (e) of section 109.572 of 13592
the Revised Code.13593

        (5)(a) "Employee" means either of the following:13594

        (i) A person appointed to or employed by the department of 13595
developmental disabilities or a county board of developmental 13596
disabilities;13597

        (ii) A person employed in a direct services position by a 13598
provider or subcontractor.13599

        (b) "Employee" does not mean a person who provides only 13600
respite care under a family support services program established 13601
under section 5126.11 of the Revised Code if a family member of 13602
the individual with mental retardation or a developmental 13603
disability who receives the respite care selected the person.13604

        (6) "Minor drug possession offense" has the same meaning as 13605
in section 2925.01 of the Revised Code.13606

       (7) "Provider" means a person that provides specialized 13607
services to individuals with mental retardation or a developmental 13608
disability and employs one or more persons in direct services 13609
positions.13610

        (8) "Responsible entity" means the following:13611

        (a) The department of developmental disabilities in the case 13612
of either of the following:13613

        (i) A person who is an applicant because the department is 13614
giving the person is under final consideration for appointment to 13615
or employment withbeing hired by the department, the person is13616
being transferred to the department, or the person is being 13617
recalled to or reemployed by the department after a layoff;13618

        (ii) A person who is an employee because the person is 13619
appointed to or employed by the department.13620

        (b) A county board of developmental disabilities in the case 13621
of either of the following:13622

        (i) A person who is an applicant because the county board is 13623
giving the person is under final consideration for appointment to 13624
or employment withbeing hired by the county board, the person is13625
being transferred to the county board, or the person is being 13626
recalled to or reemployed by the county board after a layoff;13627

        (ii) A person who is an employee because the person is 13628
appointed to or employed by the county board.13629

        (c) A provider in the case of either of the following:13630

        (i) A person who is an applicant because the provider is 13631
giving the person is under final consideration for being hired 13632
into a direct services position with the provider;13633

        (ii) A person who is an employee because the provider employs 13634
the person is employed in a direct services position by the 13635
provider.13636

       (d) A subcontractor in the case of either of the following:13637

       (i) A person who is an applicant because the subcontractor is 13638
giving the person is under final consideration for being hired 13639
into a direct services position with the subcontractor;13640

       (ii) A person who is an employee because the subcontractor 13641
employs the person is employed in a direct services position by 13642
the subcontractor.13643

        (9) "Specialized services" means any program or service 13644
designed and operated to serve primarily individuals with mental 13645
retardation or a developmental disability, including a program or 13646
service provided by an entity licensed or certified by the 13647
department of developmental disabilities. If there is a question 13648
as to whether a provider or subcontractor is providing specialized 13649
services, the provider or subcontractor may request that the 13650
director of developmental disabilities make a determination. The 13651
director's determination is final.13652

       (10) "Subcontractor" means a person to which both of the 13653
following apply:13654

       (a) The person has either of the following:13655

       (i) A subcontract with a provider to provide specialized 13656
services included in the contract between the provider and the 13657
department of developmental disabilities or a county board of 13658
developmental disabilities;13659

       (ii) A subcontract with another subcontractor to provide 13660
specialized services included in a subcontract between the other 13661
subcontractor and a provider or other subcontractor.13662

       (b) The person employs one or more persons in direct services 13663
positions.13664

       (B) A responsible entity shall not employhire an applicant 13665
or continue to employretain an employee if either of the 13666
following applies:13667

        (1) The applicant or employee fails to comply with division 13668
(D)(3) of this section.13669

        (2) Except as provided in rules adopted under this section, 13670
the applicant or employee is found by a criminal records check 13671
required by this section to have been convicted of,or pleaded 13672
guilty to, or been found eligible for intervention in lieu of 13673
conviction for a disqualifying offense.13674

        (C) Before employinghiring an applicant ininto a position 13675
for which a criminal records check is required by this section, a 13676
responsible entity shall require the applicant to submit a 13677
statement with the applicant's signature attesting that the 13678
applicant has not been convicted of,or pleaded guilty to, or been 13679
found eligible for intervention in lieu of conviction for a 13680
disqualifying offense. The responsible entity also shall require 13681
the applicant to sign an agreement under which the applicant 13682
agrees to notify the responsible entity within fourteen calendar 13683
days if, after being hired and while employed by the responsible 13684
entity, the applicant is formally charged with, is convicted of, 13685
or pleads guilty to, or is found eligible for intervention in lieu 13686
of conviction for a disqualifying offense. The agreement shall 13687
provide that the applicant's failure to provide the notification 13688
may result in termination of the applicant's employment.13689

        (D)(1) As a condition of employingfor hiring any applicant 13690
ininto a position for which a criminal records check is required 13691
by this section, a responsible entity shall request the 13692
superintendent of the bureau of criminal identification and 13693
investigation to conduct a criminal records check of the 13694
applicant. If rules adopted under this section require an employee 13695
to undergo a criminal records check, a responsible entity shall 13696
request the superintendent to conduct a criminal records check of 13697
the employee at times specified in the rules as a condition of the 13698
responsible entity's continuing to employretaining the employee 13699
in a position for which a criminal records check is required by 13700
this section. If an applicant or employee does not present proof 13701
that the applicant or employee has been a resident of this state 13702
for the five-year period immediately prior to the date upon which 13703
the criminal records check is requested, the responsible entity 13704
shall request that the superintendent obtain information from the 13705
federal bureau of investigation as a part of the criminal records 13706
check. If the applicant or employee presents proof that the 13707
applicant or employee has been a resident of this state for that 13708
five-year period, the responsible entity may request that the 13709
superintendent include information from the federal bureau of 13710
investigation in the criminal records check. For purposes of this 13711
division, an applicant or employee may provide proof of residency 13712
in this state by presenting, with a notarized statement asserting 13713
that the applicant or employee has been a resident of this state 13714
for that five-year period, a valid driver's license, notification 13715
of registration as an elector, a copy of an officially filed 13716
federal or state tax form identifying the applicant's or 13717
employee's permanent residence, or any other document the 13718
responsible entity considers acceptable.13719

        (2) A responsible entity shall do all of the following:13720

       (a) Provide to each applicant and employee for whom a 13721
criminal records check is required by this section a copy of the 13722
form prescribed pursuant to division (C)(1) of section 109.572 of 13723
the Revised Code and a standard impression sheet to obtain 13724
fingerprint impressions prescribed pursuant to division (C)(2) of 13725
section 109.572 of the Revised Code;13726

       (b) Obtain the completed form and standard impression sheet 13727
from the applicant or employee;13728

       (c) Forward the completed form and standard impression sheet 13729
to the superintendent at the time the criminal records check is 13730
requested.13731

       (3) Any applicant or employee who receives pursuant to this 13732
division a copy of the form prescribed pursuant to division (C)(1) 13733
of section 109.572 of the Revised Code and a copy of the standard 13734
impression sheet prescribed pursuant to division (C)(2) of that 13735
section and who is requested to complete the form and provide a 13736
set of the applicant's or employee's fingerprint impressions shall 13737
complete the form or provide all the information necessary to 13738
complete the form and shall provide the standard impression sheet 13739
with the impressions of the applicant's or employee's 13740
fingerprints. 13741

        (4) A responsible entity shall pay to the bureau of criminal 13742
identification and investigation the fee prescribed pursuant to 13743
division (C)(3) of section 109.572 of the Revised Code for each 13744
criminal records check requested and conducted pursuant to this 13745
section.13746

        (E) A responsible entity may request any other state or 13747
federal agency to supply the responsible entity with a written 13748
report regarding the criminal record of an applicant or employee. 13749
If an employee holds an occupational or professional license or 13750
other credentials, the responsible entity may request that the 13751
state or federal agency that regulates the employee's occupation 13752
or profession supply the responsible entity with a written report 13753
of any information pertaining to the employee's criminal record 13754
that the agency obtains in the course of conducting an 13755
investigation or in the process of renewing the employee's license 13756
or other credentials. The responsible entity may consider the 13757
reports when determining whether to employ the applicant or to 13758
continue to employ the employee.13759

       (F) As a condition of employinghiring an applicant ininto a 13760
position for which a criminal records check is required by this 13761
section and that involves transporting individuals with mental 13762
retardation or developmental disabilities or operating a 13763
responsible entity's vehicles for any purpose, the responsible 13764
entity shall obtain the applicant's driving record from the bureau 13765
of motor vehicles. If rules adopted under this section require a 13766
responsible entity to obtain an employee's driving record, the 13767
responsible entity shall obtain the employee's driving record from 13768
the bureau at times specified in the rules as a condition of 13769
continuing to employ the employee. The responsible entity may 13770
consider the applicant's or employee's driving record when 13771
determining whether to employ the applicant or to continue to 13772
employ the employee. 13773

       (G) A responsible entity may employ an applicant13774
conditionally hire an applicant pending receipt of a report 13775
regarding the applicant requested under this section. The 13776
responsible entity shall terminate the applicant's employment13777
remove the conditionally hired applicant from any job duties that 13778
require a report under this section if it is determined from a 13779
report that the applicant failed to inform the responsible entity 13780
that the applicant had been convicted of,or pleaded guilty to, or 13781
been found eligible for intervention in lieu of conviction for a 13782
disqualifying offense.13783

       (H) A responsible entity may charge an applicant a fee for 13784
costs the responsible entity incurs in obtaining a report 13785
regarding the applicant under this section if the responsible 13786
entity notifies the applicant of the amount of the fee at the time 13787
of the applicant's initial application for employmenthiring into 13788
the position in question and that, unless the fee is paid, the 13789
responsible entity will not consider the applicant for employment13790
the hiring. The fee shall not exceed the amount of the fee, if 13791
any, the responsible entity pays for the report.13792

        (I)(1) Any report obtained pursuant to this section is not a 13793
public record for purposes of section 149.43 of the Revised Code 13794
and shall not be made available to any person, other than the 13795
following:13796

       (a) The applicant or employee who is the subject of the 13797
report or the applicant's or employee's representative;13798

       (b) The responsible entity that requested the report or its 13799
representative;13800

        (c) The department if a county board, provider, or 13801
subcontractor is the responsible entity that requested the report 13802
and the department requests the responsible entity to provide a 13803
copy of the report to the department;13804

        (d) A county board if a provider or subcontractor is the 13805
responsible entity that requested the report and the county board 13806
requests the responsible entity to provide a copy of the report to 13807
the county board;13808

        (e) Any court, hearing officer, or other necessary individual 13809
involved in a case dealing with any of the following:13810

       (i) The denial of employment tohiring of the applicant or of 13811
retention of the employee;13812

       (ii) The denial, suspension, or revocation of a certificate 13813
under section 5123.166 or 5123.45 of the Revised Code;13814

       (iii) A civil or criminal action regarding the medicaid 13815
program or a program the department administers.13816

       (2) An applicant or employee for whom the responsible entity 13817
has obtained reports under this section may submit a written 13818
request to the responsible entity to have copies of the reports 13819
sent to any state agency, entity of local government, or private 13820
entity. The applicant or employee shall specify in the request the 13821
agencies or entities to which the copies are to be sent. On 13822
receiving the request, the responsible entity shall send copies of 13823
the reports to the agencies or entities specified.13824

        (3) A responsible entity may request that a state agency, 13825
entity of local government, or private entity send copies to the 13826
responsible entity of any report regarding a records check or 13827
criminal records check that the agency or entity possesses, if the 13828
responsible entity obtains the written consent of the individual 13829
who is the subject of the report.13830

        (4) A responsible entity shall provide each applicant and 13831
employee with a copy of any report obtained about the applicant or 13832
employee under this section.13833

       (J) The director of developmental disabilities shall adopt 13834
rules in accordance with Chapter 119. of the Revised Code to 13835
implement this section.13836

        (1) The rules may do the following:13837

        (a) Require employees to undergo criminal records checks 13838
under this section;13839

        (b) Require responsible entities to obtain the driving 13840
records of employees under this section;13841

        (c) If the rules require employees to undergo criminal 13842
records checks, require responsible entities to obtain the driving 13843
records of employees, or both, exempt one or more classes of 13844
employees from the requirements.13845

        (2) The rules shall do both of the following:13846

        (a) If the rules require employees to undergo criminal 13847
records checks, require responsible entities to obtain the driving 13848
records of employees, or both, specify the times at which the 13849
criminal records checks are to be conducted and the driving 13850
records are to be obtained;13851

        (b) Specify circumstances under which a responsible entity 13852
may employhire an applicant or retain an employee who is found by 13853
a criminal records check required by this section to have been 13854
convicted of,or pleaded guilty to, or been found eligible for 13855
intervention in lieu of conviction for a disqualifying offense but 13856
meets standards in regard to rehabilitation set by the director.13857

       Sec. 5123.16.  (A) As used in sections 5123.16 to 5123.1610 13858
of the Revised Code:13859

       (1) "Applicant" means any of the following:13860

       (a) The chief executive officer of a business that applies 13861
under section 5123.161 of the Revised Code for a certificate to 13862
provide supported living;13863

       (b) The chief executive officer of a business that seeks 13864
renewal of the business's supported living certificate under 13865
section 5123.164 of the Revised Code;13866

       (c) An individual who applies under section 5123.161 of the 13867
Revised Code for a certificate to provide supported living as an 13868
independent provider;13869

       (d) An independent provider who seeks renewal of the 13870
independent provider's supported living certificate under section 13871
5123.164 of the Revised Code.13872

       (2)(a) "Business" means either of the following:13873

       (i) Anan association, corporation, nonprofit organization, 13874
partnership, trust, or other group of persons;13875

       (ii) An individual who employs, directly or through contract, 13876
one or more other individuals to provide supported living.13877

       (b). "Business" does not mean an independent provider.13878

       (3) "Criminal records check" has the same meaning as in 13879
section 109.572 of the Revised Code.13880

       (4) "Disqualifying offense" means any of the offenses listed 13881
or described in divisions (A)(3)(a) to (e) of section 109.572 of 13882
the Revised Code.13883

       (5) "Independent provider" means a provider who provides 13884
supported living on a self-employed basis and does not employ, 13885
directly or through contract, another individualperson to provide 13886
the supported living.13887

       (6) "Provider" means a person or government entity certified 13888
by the director of developmental disabilities to provide supported 13889
living. For the purpose of division (A)(8) of this section, 13890
"provider" includes a person or government entity that seeks or 13891
previously held a certificate to provide supported living.13892

       (7) "Minor drug possession offense" has the same meaning as 13893
in section 2925.01 of the Revised Code.13894

       (8) "Related party" means any of the following:13895

       (a) In the case of a provider who is an individual, any of 13896
the following:13897

       (i) The spouse of the provider;13898

       (ii) A parent or stepparent of the provider or provider's 13899
spouse;13900

       (iii) A child of the provider or provider's spouse;13901

       (iv) A sibling, half sibling, or stepsibling of the provider 13902
or provider's spouse;13903

       (v) A grandparent of the provider or provider's spouse;13904

       (vi) A grandchild of the provider or provider's spouse;13905

       (vii) An employee or employer of the provider or provider's 13906
spouse.13907

       (b) In the case of a provider that is a person other than an 13908
individual, any of the following:13909

       (i) An employee of the personAny person or government entity 13910
that directly or indirectly controls the provider's day-to-day 13911
operations (including as a general manager, business manager, 13912
financial manager, administrator, or director), regardless of 13913
whether the person or government entity exercises the control 13914
pursuant to a contract or other arrangement and regardless of 13915
whether the person or government entity is required to file an 13916
Internal Revenue Code form W-2 for the provider;13917

       (ii) An officer of the provider, including the chief 13918
executive officer, president, vice-president, secretary, and 13919
treasurer;13920

       (iii) A member of the provider's board of directors or 13921
trustees;13922

       (iv) A person owning a financial interest of five per cent or 13923
more in the provider, including a direct, indirect, security, or 13924
mortgage financial interest;13925

       (v) A corporation that has a subsidiary relationship with the 13926
provider;13927

       (vi) A person or government entity that has control over the 13928
provider's day-to-day operation;13929

       (vii)The spouse, parent, stepparent, child, sibling, half 13930
sibling, stepsibling, grandparent, or grandchild of any of the 13931
persons specified in divisions (A)(8)(b)(i) to (iv) of this 13932
section;13933

       (vi) A person over which the provider has control of the 13934
day-to-day operation;13935

       (vii) A corporation that has a subsidiary relationship with 13936
the provider.13937

       (c) In the case of a provider that is a government entity, 13938
any of the following:13939

       (i) An employee of the providerAny person or government 13940
entity that directly or indirectly controls the provider's 13941
day-to-day operations (including as a general manager, financial 13942
manager, administrator, or director), regardless of whether the 13943
person or government entity exercises the control pursuant to a 13944
contract or other arrangement;13945

       (ii) An officer of the provider;13946

       (iii) A member of the provider's governing board;13947

       (iv) A government entity that has control over the provider's 13948
day-to-day operation;13949

       (v) A person or government entity over which the provider has 13950
control of the day-to-day operation.13951

       (B) No person or government entity may provide supported 13952
living without a valid supported living certificate issued by the 13953
director of developmental disabilities.13954

       (C) A county board of developmental disabilities may provide 13955
supported living only to the extent permitted by rules adopted 13956
under section 5123.1610 of the Revised Code.13957

       Sec. 5123.162. (A) The director of developmental 13958
disabilities may conduct surveys of persons and government 13959
entities that seek a supported living certificate to determine 13960
whether the persons and government entities meet the certification 13961
standards. The director may also conduct surveys of providers to 13962
determine whether the providers continue to meet the certification 13963
standards. The director shall conduct the surveys in accordance 13964
with rules adopted under section 5123.1610 of the Revised Code.13965

       (B) Following each survey of a provider, the director shall 13966
issue a report listing the date of the survey and any citations 13967
issued as a result of the survey. Except when the director 13968
initiates a proceeding to revoke a provider's certification, the 13969
director shall do all of the following:13970

       (1) Specify a date by which the provider may appeal any of 13971
the citations;13972

        (2) Specify a timetable within which the provider must submit 13973
a plan of correction describing how the problems specified in the 13974
citations will be corrected;13975

        (3) When appropriate, specify a timetable within which the 13976
provider must correct the problems specified in the citations.13977

        (C) If the director initiates a proceeding to revoke a 13978
provider's certification, the director shall include the report 13979
required by division (B) of this section with the notice of the 13980
proposed revocation the director sends the provider. In this 13981
circumstance, the provider may not appeal the citations or submit 13982
a plan of correction.13983

       (D) After a plan of correction is submitted, the director 13984
shall approve or disapprove the plan. If the plan of correction is 13985
approved, a copy of the approved plan shall be provided, not later 13986
than five business days after it is approved, to any person or 13987
government entity that requests it and made available on the 13988
internet web site maintained by the department of developmental 13989
disabilities. If the plan of correction is not approved and the 13990
director initiates a proceeding to revoke the provider's 13991
certification, a copy of the survey report shall be provided to 13992
any person or government entity that requests it and made 13993
available on the internet web site maintained by the department.13994

       The(E) In addition to survey reports described in this 13995
section, all other records ofassociated with surveys conducted 13996
under this section are public records for the purpose of section 13997
149.43 of the Revised Code and shall be made available on the 13998
request of any person or government entity.13999

       Sec. 5123.169.  (A) The director of developmental 14000
disabilities shall not issue a supported living certificate to an 14001
applicant or renew an applicant's supported living certificate if 14002
either of the following applies:14003

       (1) The applicant fails to comply with division (C)(2) of 14004
this section;14005

       (2) Except as provided in rules adopted under section 14006
5123.1610 of the Revised Code, the applicant is found by a 14007
criminal records check required by this section to have been 14008
convicted of,or pleaded guilty to, or been found eligible for 14009
intervention in lieu of conviction for a disqualifying offense.14010

       (B) Before issuing a supported living certificate to an 14011
applicant or renewing an applicant's supported living certificate, 14012
the director shall require the applicant to submit a statement 14013
with the applicant's signature attesting that the applicant has 14014
not been convicted of,or pleaded guilty to, or been found 14015
eligible for intervention in lieu of conviction for a 14016
disqualifying offense. The director also shall require the 14017
applicant to sign an agreement under which the applicant agrees to 14018
notify the director within fourteen calendar days if, while 14019
holding a supported living certificate, the applicant is formally 14020
charged with, is convicted of, or pleads guilty to, or is found 14021
eligible for intervention in lieu of conviction for a 14022
disqualifying offense. The agreement shall provide that the 14023
applicant's failure to provide the notification may result in 14024
action being taken by the director against the applicant under 14025
section 5123.166 of the Revised Code.14026

       (C)(1) As a condition of receiving a supported living 14027
certificate or having a supported living certificate renewed, an 14028
applicant shall request the superintendent of the bureau of 14029
criminal identification and investigation to conduct a criminal 14030
records check of the applicant. If an applicant does not present 14031
proof to the director that the applicant has been a resident of 14032
this state for the five-year period immediately prior to the date 14033
that the applicant applies for issuance or renewal of the 14034
supported living certificate, the director shall require the 14035
applicant to request that the superintendent obtain information 14036
from the federal bureau of investigation as a part of the criminal 14037
records check. If the applicant presents proof to the director 14038
that the applicant has been a resident of this state for that 14039
five-year period, the director may require the applicant to 14040
request that the superintendent include information from the 14041
federal bureau of investigation in the criminal records check. For 14042
purposes of this division, an applicant may provide proof of 14043
residency in this state by presenting, with a notarized statement 14044
asserting that the applicant has been a resident of this state for 14045
that five-year period, a valid driver's license, notification of 14046
registration as an elector, a copy of an officially filed federal 14047
or state tax form identifying the applicant's permanent residence, 14048
or any other document the director considers acceptable.14049

       (2) Each applicant shall do all of the following:14050

       (a) Obtain a copy of the form prescribed pursuant to division 14051
(C)(1) of section 109.572 of the Revised Code and a standard 14052
impression sheet prescribed pursuant to division (C)(2) of section 14053
109.572 of the Revised Code;14054

       (b) Complete the form and provide the applicant's fingerprint 14055
impressions on the standard impression sheet;14056

       (c) Forward the completed form and standard impression sheet 14057
to the superintendent at the time the criminal records check is 14058
requested;14059

       (d) Instruct the superintendent to submit the completed 14060
report of the criminal records check directly to the director;14061

       (e) Pay to the bureau of criminal identification and 14062
investigation the fee prescribed pursuant to division (C)(3) of 14063
section 109.572 of the Revised Code for each criminal records 14064
check of the applicant requested and conducted pursuant to this 14065
section.14066

       (D) The director may request any other state or federal 14067
agency to supply the director with a written report regarding the 14068
criminal record of an applicant. The director may consider the 14069
reports when determining whether to issue a supported living 14070
certificate to the applicant or to renew an applicant's supported 14071
living certificate.14072

       (E) An applicant who seeks to be an independent provider or 14073
is an independent provider seeking renewal of the applicant's 14074
supported living certificate shall obtain the applicant's driving 14075
record from the bureau of motor vehicles and provide a copy of the 14076
record to the director if the supported living that the applicant 14077
will provide involves transporting individuals with mental 14078
retardation or developmental disabilities. The director may 14079
consider the applicant's driving record when determining whether 14080
to issue the applicant a supported living certificate or to renew 14081
the applicant's supported living certificate.14082

       (F)(1) A report obtained pursuant to this section is not a 14083
public record for purposes of section 149.43 of the Revised Code 14084
and shall not be made available to any person, other than the 14085
following:14086

       (a) The applicant who is the subject of the report or the 14087
applicant's representative;14088

       (b) The director or the director's representative;14089

       (c) Any court, hearing officer, or other necessary individual 14090
involved in a case dealing with any of the following:14091

       (i) The denial of a supported living certificate or refusal 14092
to renew a supported living certificate;14093

       (ii) The denial, suspension, or revocation of a certificate 14094
under section 5123.45 of the Revised Code;14095

       (iii) A civil or criminal action regarding the medicaid 14096
program.14097

       (2) An applicant for whom the director has obtained reports 14098
under this section may submit a written request to the director to 14099
have copies of the reports sent to any person or state or local 14100
government entity. The applicant shall specify in the request the 14101
person or entities to which the copies are to be sent. On 14102
receiving the request, the director shall send copies of the 14103
reports to the persons or entities specified.14104

       (3) The director may request that a person or state or local 14105
government entity send copies to the director of any report 14106
regarding a records check or criminal records check that the 14107
person or entity possesses, if the director obtains the written 14108
consent of the individual who is the subject of the report.14109

       (4) The director shall provide each applicant with a copy of 14110
any report obtained about the applicant under this section.14111

       Sec. 5123.19.  (A) As used in sections 5123.19 to 5123.20 of 14112
the Revised Code:14113

       (1) "Independent living arrangement" means an arrangement in 14114
which a mentally retarded or developmentally disabled person 14115
resides in an individualized setting chosen by the person or the 14116
person's guardian, which is not dedicated principally to the 14117
provision of residential services for mentally retarded or 14118
developmentally disabled persons, and for which no financial 14119
support is received for rendering such service from any 14120
governmental agency by a provider of residential services.14121

        (2) "Licensee" means the person or government agency that has 14122
applied for a license to operate a residential facility and to 14123
which the license was issued under this section.14124

       (3) "Political subdivision" means a municipal corporation, 14125
county, or township.14126

       (4) "Related party" has the same meaning as in section 14127
5123.16 of the Revised Code except that "provider" as used in the 14128
definition of "related party" means a person or government entity 14129
that held or applied for a license to operate a residential 14130
facility, rather than a person or government entity certified to 14131
provide supported living.14132

       (5)(a) Except as provided in division (A)(5)(b) of this 14133
section, "residential facility" means a home or facility, 14134
including an ICF/IID, in which an individual with mental 14135
retardation or a developmental disability resides.14136

        (b) "Residential facility" does not mean any of the 14137
following:14138

        (i) The home of a relative or legal guardian in which an 14139
individual with mental retardation or a developmental disability 14140
resides;14141

        (ii) A respite care home certified under section 5126.05 of 14142
the Revised Code;14143

        (iii) A county home or district home operated pursuant to 14144
Chapter 5155. of the Revised Code;14145

        (iv) A dwelling in which the only residents with mental 14146
retardation or developmental disabilities are in independent 14147
living arrangements or are being provided supported living.14148

       (B) Every person or government agency desiring to operate a 14149
residential facility shall apply for licensure of the facility to 14150
the director of developmental disabilities unless the residential 14151
facility is subject to section 3721.02, 5103.03, 5119.33, or 14152
division (A)(9)(b) of section 5119.34 of the Revised Code. 14153

       (C) Subject to section 5123.196 of the Revised Code, the 14154
director of developmental disabilities shall license the operation 14155
of residential facilities. An initial license shall be issued for 14156
a period that does not exceed one year, unless the director denies 14157
the license under division (D) of this section. A license shall be 14158
renewed for a period that does not exceed three years, unless the 14159
director refuses to renew the license under division (D) of this 14160
section. The director, when issuing or renewing a license, shall 14161
specify the period for which the license is being issued or 14162
renewed. A license remains valid for the length of the licensing 14163
period specified by the director, unless the license is 14164
terminated, revoked, or voluntarily surrendered.14165

       (D) If it is determined that an applicant or licensee is not 14166
in compliance with a provision of this chapter that applies to 14167
residential facilities or the rules adopted under such a 14168
provision, the director may deny issuance of a license, refuse to 14169
renew a license, terminate a license, revoke a license, issue an 14170
order for the suspension of admissions to a facility, issue an 14171
order for the placement of a monitor at a facility, issue an order 14172
for the immediate removal of residents, or take any other action 14173
the director considers necessary consistent with the director's 14174
authority under this chapter regarding residential facilities. In 14175
the director's selection and administration of the sanction to be 14176
imposed, all of the following apply:14177

       (1) The director may deny, refuse to renew, or revoke a 14178
license, if the director determines that the applicant or licensee 14179
has demonstrated a pattern of serious noncompliance or that a 14180
violation creates a substantial risk to the health and safety of 14181
residents of a residential facility.14182

       (2) The director may terminate a license if more than twelve 14183
consecutive months have elapsed since the residential facility was 14184
last occupied by a resident or a notice required by division (K) 14185
of this section is not given.14186

       (3) The director may issue an order for the suspension of 14187
admissions to a facility for any violation that may result in 14188
sanctions under division (D)(1) of this section and for any other 14189
violation specified in rules adopted under division (H)(2) of this 14190
section. If the suspension of admissions is imposed for a 14191
violation that may result in sanctions under division (D)(1) of 14192
this section, the director may impose the suspension before 14193
providing an opportunity for an adjudication under Chapter 119. of 14194
the Revised Code. The director shall lift an order for the 14195
suspension of admissions when the director determines that the 14196
violation that formed the basis for the order has been corrected.14197

       (4) The director may order the placement of a monitor at a 14198
residential facility for any violation specified in rules adopted 14199
under division (H)(2) of this section. The director shall lift the 14200
order when the director determines that the violation that formed 14201
the basis for the order has been corrected.14202

       (5) If the director determines that two or more residential 14203
facilities owned or operated by the same person or government 14204
entity are not being operated in compliance with a provision of 14205
this chapter that applies to residential facilities or the rules 14206
adopted under such a provision, and the director's findings are 14207
based on the same or a substantially similar action, practice, 14208
circumstance, or incident that creates a substantial risk to the 14209
health and safety of the residents, the director shall conduct a 14210
survey as soon as practicable at each residential facility owned 14211
or operated by that person or government entity. The director may 14212
take any action authorized by this section with respect to any 14213
facility found to be operating in violation of a provision of this 14214
chapter that applies to residential facilities or the rules 14215
adopted under such a provision.14216

       (6) When the director initiates license revocation 14217
proceedings, no opportunity for submitting a plan of correction 14218
shall be given. The director shall notify the licensee by letter 14219
of the initiation of the proceedings. The letter shall list the 14220
deficiencies of the residential facility and inform the licensee 14221
that no plan of correction will be accepted. The director shall 14222
also send a copy of the letter to the county board of 14223
developmental disabilities. The county board shall send a copy of 14224
the letter to each of the following:14225

        (a) Each resident who receives services from the licensee;14226

        (b) The guardian of each resident who receives services from 14227
the licensee if the resident has a guardian;14228

        (c) The parent or guardian of each resident who receives 14229
services from the licensee if the resident is a minor.14230

       (7) Pursuant to rules which shall be adopted in accordance 14231
with Chapter 119. of the Revised Code, the director may order the 14232
immediate removal of residents from a residential facility 14233
whenever conditions at the facility present an immediate danger of 14234
physical or psychological harm to the residents.14235

       (8) In determining whether a residential facility is being 14236
operated in compliance with a provision of this chapter that 14237
applies to residential facilities or the rules adopted under such 14238
a provision, or whether conditions at a residential facility 14239
present an immediate danger of physical or psychological harm to 14240
the residents, the director may rely on information obtained by a 14241
county board of developmental disabilities or other governmental 14242
agencies.14243

       (9) In proceedings initiated to deny, refuse to renew, or 14244
revoke licenses, the director may deny, refuse to renew, or revoke 14245
a license regardless of whether some or all of the deficiencies 14246
that prompted the proceedings have been corrected at the time of 14247
the hearing.14248

       (E) The director shall establish a program under which public 14249
notification may be made when the director has initiated license 14250
revocation proceedings or has issued an order for the suspension 14251
of admissions, placement of a monitor, or removal of residents. 14252
The director shall adopt rules in accordance with Chapter 119. of 14253
the Revised Code to implement this division. The rules shall 14254
establish the procedures by which the public notification will be 14255
made and specify the circumstances for which the notification must 14256
be made. The rules shall require that public notification be made 14257
if the director has taken action against the facility in the 14258
eighteen-month period immediately preceding the director's latest 14259
action against the facility and the latest action is being taken 14260
for the same or a substantially similar violation of a provision 14261
of this chapter that applies to residential facilities or the 14262
rules adopted under such a provision. The rules shall specify a 14263
method for removing or amending the public notification if the 14264
director's action is found to have been unjustified or the 14265
violation at the residential facility has been corrected.14266

       (F)(1) Except as provided in division (F)(2) of this section, 14267
appeals from proceedings initiated to impose a sanction under 14268
division (D) of this section shall be conducted in accordance with 14269
Chapter 119. of the Revised Code.14270

       (2) Appeals from proceedings initiated to order the 14271
suspension of admissions to a facility shall be conducted in 14272
accordance with Chapter 119. of the Revised Code, unless the order 14273
was issued before providing an opportunity for an adjudication, in 14274
which case all of the following apply:14275

       (a) The licensee may request a hearing not later than ten 14276
days after receiving the notice specified in section 119.07 of the 14277
Revised Code.14278

       (b) If a timely request for a hearing that includes the 14279
licensee's current address is made, the hearing shall commence not 14280
later than thirty days after the department receives the request.14281

       (c) After commencing, the hearing shall continue 14282
uninterrupted, except for Saturdays, Sundays, and legal holidays, 14283
unless other interruptions are agreed to by the licensee and the 14284
director.14285

       (d) If the hearing is conducted by a hearing examiner, the 14286
hearing examiner shall file a report and recommendations not later 14287
than ten days after the last of the following:14288

       (i) The close of the hearing;14289

       (ii) If a transcript of the proceedings is ordered, the 14290
hearing examiner receives the transcript;14291

        (iii) If post-hearing briefs are timely filed, the hearing 14292
examiner receives the briefs.14293

       (e) A copy of the written report and recommendation of the 14294
hearing examiner shall be sent, by certified mail, to the licensee 14295
and the licensee's attorney, if applicable, not later than five 14296
days after the report is filed.14297

        (f) Not later than five days after the hearing examiner files 14298
the report and recommendations, the licensee may file objections 14299
to the report and recommendations.14300

       (g) Not later than fifteen days after the hearing examiner 14301
files the report and recommendations, the director shall issue an 14302
order approving, modifying, or disapproving the report and 14303
recommendations.14304

       (h) Notwithstanding the pendency of the hearing, the director 14305
shall lift the order for the suspension of admissions when the 14306
director determines that the violation that formed the basis for 14307
the order has been corrected.14308

       (G) Neither a person or government agency whose application 14309
for a license to operate a residential facility is denied nor a 14310
related party of the person or government agency may apply for a 14311
license to operate a residential facility before the date that is 14312
one year after the date of the denial. Neither a licensee whose 14313
residential facility license is revoked nor a related party of the 14314
licensee may apply for a residential facility license before the 14315
date that is five years after the date of the revocation.14316

        (H) In accordance with Chapter 119. of the Revised Code, the 14317
director shall adopt and may amend and rescind rules for licensing 14318
and regulating the operation of residential facilities. The rules 14319
for residential facilities that are ICFs/IID may differ from those 14320
for other residential facilities. The rules shall establish and 14321
specify the following:14322

       (1) Procedures and criteria for issuing and renewing 14323
licenses, including procedures and criteria for determining the 14324
length of the licensing period that the director must specify for 14325
each license when it is issued or renewed;14326

       (2) Procedures and criteria for denying, refusing to renew, 14327
terminating, and revoking licenses and for ordering the suspension 14328
of admissions to a facility, placement of a monitor at a facility, 14329
and the immediate removal of residents from a facility;14330

       (3) Fees for issuing and renewing licenses, which shall be 14331
deposited into the program fee fund created under section 5123.033 14332
of the Revised Code;14333

       (4) Procedures for surveying residential facilities;14334

       (5) Requirements for the training of residential facility 14335
personnel;14336

       (6) Classifications for the various types of residential 14337
facilities;14338

       (7) Certification procedures for licensees and management 14339
contractors that the director determines are necessary to ensure 14340
that they have the skills and qualifications to properly operate 14341
or manage residential facilities;14342

       (8) The maximum number of persons who may be served in a 14343
particular type of residential facility;14344

       (9) Uniform procedures for admission of persons to and 14345
transfers and discharges of persons from residential facilities;14346

       (10) Other standards for the operation of residential 14347
facilities and the services provided at residential facilities;14348

       (11) Procedures for waiving any provision of any rule adopted 14349
under this section.14350

       (I)(1) Before issuing a license, the director of the 14351
department or the director's designee shall conduct a survey of 14352
the residential facility for which application is made. The 14353
director or the director's designee shall conduct a survey of each 14354
licensed residential facility at least once during the period the 14355
license is valid and may conduct additional inspections as needed. 14356
A survey includes but is not limited to an on-site examination and 14357
evaluation of the residential facility, its personnel, and the 14358
services provided there.14359

       (2) In conducting surveys, the director or the director's 14360
designee shall be given access to the residential facility; all 14361
records, accounts, and any other documents related to the 14362
operation of the facility; the licensee; the residents of the 14363
facility; and all persons acting on behalf of, under the control 14364
of, or in connection with the licensee. The licensee and all 14365
persons on behalf of, under the control of, or in connection with 14366
the licensee shall cooperate with the director or the director's 14367
designee in conducting the survey.14368

       (3) Following each survey, unless the director initiates a 14369
license revocation proceeding, the director or the director's 14370
designee shall provide the licensee with a report listing the date 14371
of the survey and any deficiencies, specifyingcitations issued as 14372
a result of the survey. Except when the director initiates a 14373
proceeding to revoke a license, the director shall do all of the 14374
following:14375

        (a) Specify a date by which the licensee may appeal any of 14376
the citations;14377

       (b) Specify a timetable within which the licensee shallmust14378
submit a plan of correction describing how the deficiencies14379
problems specified in the citations will be corrected, and, when;14380

       (c) When appropriate, specifyingspecify a timetable within 14381
which the licensee must correct the deficienciesproblems 14382
specified in the citations. After14383

       (4) If the director initiates a proceeding to revoke a 14384
license, the director shall include the report required by 14385
division (I)(3) of this section with the notice of the proposed 14386
revocation the director sends the licensee. In this circumstance, 14387
the licensee may not appeal the citations or submit a plan of 14388
correction.14389

       (5) After a plan of correction is submitted, the director or 14390
the director's designee shall approve or disapprove the plan. AIf 14391
the plan of correction is approved, a copy of the report and any14392
approved plan of correction shall be provided, not later than five 14393
business days after it is approved, to any person or government 14394
entity who requests it and made available on the internet web site 14395
maintained by the department of developmental disabilities. If the 14396
plan of correction is not approved and the director initiates a 14397
proceeding to revoke the license, a copy of the survey report 14398
shall be provided to any person or government entity that requests 14399
it and made available on the internet web site maintained by the 14400
department.14401

       (6) The director shall initiate disciplinary action against 14402
any department employee who notifies or causes the notification to 14403
any unauthorized person of an unannounced survey of a residential 14404
facility by an authorized representative of the department.14405

       (J) In addition to any other information which may be 14406
required of applicants for a license pursuant to this section, the 14407
director shall require each applicant to provide a copy of an 14408
approved plan for a proposed residential facility pursuant to 14409
section 5123.042 of the Revised Code. This division does not apply 14410
to renewal of a license or to an applicant for an initial or 14411
modified license who meets the requirements of section 5123.197 of 14412
the Revised Code.14413

       (K) A licensee shall notify the owner of the building in 14414
which the licensee's residential facility is located of any 14415
significant change in the identity of the licensee or management 14416
contractor before the effective date of the change if the licensee 14417
is not the owner of the building.14418

       Pursuant to rules which shall be adopted in accordance with 14419
Chapter 119. of the Revised Code, the director may require 14420
notification to the department of any significant change in the 14421
ownership of a residential facility or in the identity of the 14422
licensee or management contractor. If the director determines that 14423
a significant change of ownership is proposed, the director shall 14424
consider the proposed change to be an application for development 14425
by a new operator pursuant to section 5123.042 of the Revised Code 14426
and shall advise the applicant within sixty days of the 14427
notification that the current license shall continue in effect or 14428
a new license will be required pursuant to this section. If the 14429
director requires a new license, the director shall permit the 14430
facility to continue to operate under the current license until 14431
the new license is issued, unless the current license is revoked, 14432
refused to be renewed, or terminated in accordance with Chapter 14433
119. of the Revised Code.14434

       (L) A county board of developmental disabilities and any 14435
interested person may file complaints alleging violations of 14436
statute or department rule relating to residential facilities with 14437
the department. All complaints shall be in writing and shall state 14438
the facts constituting the basis of the allegation. The department 14439
shall not reveal the source of any complaint unless the 14440
complainant agrees in writing to waive the right to 14441
confidentiality or until so ordered by a court of competent 14442
jurisdiction.14443

       The department shall adopt rules in accordance with Chapter 14444
119. of the Revised Code establishing procedures for the receipt, 14445
referral, investigation, and disposition of complaints filed with 14446
the department under this division.14447

       (M) The department shall establish procedures for the 14448
notification of interested parties of the transfer or interim care 14449
of residents from residential facilities that are closing or are 14450
losing their license.14451

       (N) Before issuing a license under this section to a 14452
residential facility that will accommodate at any time more than 14453
one mentally retarded or developmentally disabled individual, the 14454
director shall, by first class mail, notify the following:14455

       (1) If the facility will be located in a municipal 14456
corporation, the clerk of the legislative authority of the 14457
municipal corporation;14458

       (2) If the facility will be located in unincorporated 14459
territory, the clerk of the appropriate board of county 14460
commissioners and the fiscal officer of the appropriate board of 14461
township trustees.14462

       The director shall not issue the license for ten days after 14463
mailing the notice, excluding Saturdays, Sundays, and legal 14464
holidays, in order to give the notified local officials time in 14465
which to comment on the proposed issuance.14466

       Any legislative authority of a municipal corporation, board 14467
of county commissioners, or board of township trustees that 14468
receives notice under this division of the proposed issuance of a 14469
license for a residential facility may comment on it in writing to 14470
the director within ten days after the director mailed the notice, 14471
excluding Saturdays, Sundays, and legal holidays. If the director 14472
receives written comments from any notified officials within the 14473
specified time, the director shall make written findings 14474
concerning the comments and the director's decision on the 14475
issuance of the license. If the director does not receive written 14476
comments from any notified local officials within the specified 14477
time, the director shall continue the process for issuance of the 14478
license.14479

       (O) Any person may operate a licensed residential facility 14480
that provides room and board, personal care, habilitation 14481
services, and supervision in a family setting for at least six but 14482
not more than eight persons with mental retardation or a 14483
developmental disability as a permitted use in any residential 14484
district or zone, including any single-family residential district 14485
or zone, of any political subdivision. These residential 14486
facilities may be required to comply with area, height, yard, and 14487
architectural compatibility requirements that are uniformly 14488
imposed upon all single-family residences within the district or 14489
zone.14490

       (P) Any person may operate a licensed residential facility 14491
that provides room and board, personal care, habilitation 14492
services, and supervision in a family setting for at least nine 14493
but not more than sixteen persons with mental retardation or a 14494
developmental disability as a permitted use in any multiple-family 14495
residential district or zone of any political subdivision, except 14496
that a political subdivision that has enacted a zoning ordinance 14497
or resolution establishing planned unit development districts may 14498
exclude these residential facilities from those districts, and a 14499
political subdivision that has enacted a zoning ordinance or 14500
resolution may regulate these residential facilities in 14501
multiple-family residential districts or zones as a conditionally 14502
permitted use or special exception, in either case, under 14503
reasonable and specific standards and conditions set out in the 14504
zoning ordinance or resolution to:14505

       (1) Require the architectural design and site layout of the 14506
residential facility and the location, nature, and height of any 14507
walls, screens, and fences to be compatible with adjoining land 14508
uses and the residential character of the neighborhood;14509

       (2) Require compliance with yard, parking, and sign 14510
regulation;14511

       (3) Limit excessive concentration of these residential 14512
facilities.14513

       (Q) This section does not prohibit a political subdivision 14514
from applying to residential facilities nondiscriminatory 14515
regulations requiring compliance with health, fire, and safety 14516
regulations and building standards and regulations.14517

       (R) Divisions (O) and (P) of this section are not applicable 14518
to municipal corporations that had in effect on June 15, 1977, an 14519
ordinance specifically permitting in residential zones licensed 14520
residential facilities by means of permitted uses, conditional 14521
uses, or special exception, so long as such ordinance remains in 14522
effect without any substantive modification.14523

       (S)(1) The director may issue an interim license to operate a 14524
residential facility to an applicant for a license under this 14525
section if either of the following is the case:14526

       (a) The director determines that an emergency exists 14527
requiring immediate placement of persons in a residential 14528
facility, that insufficient licensed beds are available, and that 14529
the residential facility is likely to receive a permanent license 14530
under this section within thirty days after issuance of the 14531
interim license.14532

       (b) The director determines that the issuance of an interim 14533
license is necessary to meet a temporary need for a residential 14534
facility.14535

       (2) To be eligible to receive an interim license, an 14536
applicant must meet the same criteria that must be met to receive 14537
a permanent license under this section, except for any differing 14538
procedures and time frames that may apply to issuance of a 14539
permanent license.14540

       (3) An interim license shall be valid for thirty days and may 14541
be renewed by the director for a period not to exceed one hundred 14542
fifty days.14543

       (4) The director shall adopt rules in accordance with Chapter 14544
119. of the Revised Code as the director considers necessary to 14545
administer the issuance of interim licenses.14546

       (T) Notwithstanding rules adopted pursuant to this section 14547
establishing the maximum number of persons who may be served in a 14548
particular type of residential facility, a residential facility 14549
shall be permitted to serve the same number of persons being 14550
served by the facility on the effective date of the rules or the 14551
number of persons for which the facility is authorized pursuant to 14552
a current application for a certificate of need with a letter of 14553
support from the department of developmental disabilities and 14554
which is in the review process prior to April 4, 1986.14555

       (U) The director or the director's designee may enter at any 14556
time, for purposes of investigation, any home, facility, or other 14557
structure that has been reported to the director or that the 14558
director has reasonable cause to believe is being operated as a 14559
residential facility without a license issued under this section.14560

       The director may petition the court of common pleas of the 14561
county in which an unlicensed residential facility is located for 14562
an order enjoining the person or governmental agency operating the 14563
facility from continuing to operate without a license. The court 14564
may grant the injunction on a showing that the person or 14565
governmental agency named in the petition is operating a 14566
residential facility without a license. The court may grant the 14567
injunction, regardless of whether the residential facility meets 14568
the requirements for receiving a license under this section.14569

       Sec. 5123.191.  (A) The court of common pleas or a judge 14570
thereof in the judge's county, or the probate court, may appoint a 14571
receiver to take possession of and operate a residential facility 14572
licensed by the department of developmental disabilities, in 14573
causes pending in such courts respectively, when conditions 14574
existing at the facility present a substantial risk of physical or 14575
mental harm to residents and no other remedies at law are adequate 14576
to protect the health, safety, and welfare of the residents. 14577
Conditions at the facility that may present such risk of harm 14578
include, but are not limited to, instances when any of the 14579
following occur:14580

       (1) The residential facility is in violation of state or 14581
federal law or regulations.14582

       (2) The facility has had its license revoked or procedures 14583
for revocation have been initiated, or the facility is closing or 14584
intends to cease operations.14585

       (3) Arrangements for relocating residents need to be made.14586

       (4) Insolvency of the operator, licensee, or landowner 14587
threatens the operation of the facility.14588

       (5) The facility or operator has demonstrated a pattern and 14589
practice of repeated violations of state or federal laws or 14590
regulations.14591

       (B) A court in which a petition is filed pursuant to this 14592
section shall notify the person holding the license for the 14593
facility and the department of developmental disabilities of the 14594
filing. The court shall order the department to notify the 14595
facility owner, facility operator, county board of developmental 14596
disabilities, facility residents, and residents' parents and 14597
guardians of the filing of the petition.14598

       The court shall provide a hearing on the petition within five 14599
court days of the time it was filed, except that the court may 14600
appoint a receiver prior to that time if it determines that the 14601
circumstances necessitate such action. Following a hearing on the 14602
petition, and upon a determination that the appointment of a 14603
receiver is warranted, the court shall appoint a receiver and 14604
notify the department of developmental disabilities and 14605
appropriate persons of this action.14606

       (C) A residential facility for which a receiver has been 14607
named is deemed to be in compliance with section 5123.19 and 14608
Chapter 3721. of the Revised Code for the duration of the 14609
receivership.14610

       (D) When the operating revenue of a residential facility in 14611
receivership is insufficient to meet its operating expenses, 14612
including the cost of bringing the facility into compliance with 14613
state or federal laws or regulations, the court may order the 14614
state to provide necessary funding, except as provided in division 14615
(K) of this section. The state shall provide such funding, subject 14616
to the approval of the controlling board. The court may also order 14617
the appropriate authorities to expedite all inspections necessary 14618
for the issuance of licenses or the certification of a facility, 14619
and order a facility to be closed if it determines that reasonable 14620
efforts cannot bring the facility into substantial compliance with 14621
the law.14622

       (E) In establishing a receivership, the court shall set forth 14623
the powers and duties of the receiver. The court may generally 14624
authorize the receiver to do all that is prudent and necessary to 14625
safely and efficiently operate the residential facility within the 14626
requirements of state and federal law, but shall require the 14627
receiver to obtain court approval prior to making any single 14628
expenditure of more than five thousand dollars to correct 14629
deficiencies in the structure or furnishings of a facility. The 14630
court shall closely review the conduct of the receiver it has 14631
appointed and shall require regular and detailed reports. The 14632
receivership shall be reviewed at least every sixty days.14633

       (F) A receivership established pursuant to this section shall 14634
be terminated, following notification of the appropriate parties 14635
and a hearing, if the court determines either of the following:14636

       (1) The residential facility has been closed and the former 14637
residents have been relocated to an appropriate facility.14638

       (2) Circumstances no longer exist at the facility that 14639
present a substantial risk of physical or mental harm to 14640
residents, and there is no deficiency in the facility that is 14641
likely to create a future risk of harm.14642

       Notwithstanding division (F)(2) of this section, the court 14643
shall not terminate a receivership for a residential facility that 14644
has previously operated under another receivership unless the 14645
responsibility for the operation of the facility is transferred to 14646
an operator approved by the court and the department of 14647
developmental disabilities.14648

       (G) The department of developmental disabilities may, upon 14649
its own initiative or at the request of an owner, operator, or 14650
resident of a residential facility, or at the request of a 14651
resident's guardian or relative or a county board of developmental 14652
disabilities, petition the court to appoint a receiver to take 14653
possession of and operate a residential facility. When the 14654
department has been requested to file a petition by any of the 14655
parties listed above, it shall, within forty-eight hours of such 14656
request, either file such a petition or notify the requesting 14657
party of its decision not to file. If the department refuses to 14658
file, the requesting party may file a petition with the court 14659
requesting the appointment of a receiver to take possession of and 14660
operate a residential facility.14661

       Petitions filed pursuant to this division shall include the 14662
following:14663

       (1) A description of the specific conditions existing at the 14664
facility which present a substantial risk of physical or mental 14665
harm to residents;14666

       (2) A statement of the absence of other adequate remedies at 14667
law;14668

       (3) The number of individuals residing at the facility;14669

       (4) A statement that the facts have been brought to the 14670
attention of the owner or licensee and that conditions have not 14671
been remedied within a reasonable period of time or that the 14672
conditions, though remedied periodically, habitually exist at the 14673
facility as a pattern or practice;14674

       (5) The name and address of the person holding the license 14675
for the facility and the address of the department of 14676
developmental disabilities.14677

       The court may award to an operator appropriate costs and 14678
expenses, including reasonable attorney's fees, if it determines 14679
that a petitioner has initiated a proceeding in bad faith or 14680
merely for the purpose of harassing or embarrassing the operator.14681

       (H) Except for the department of developmental disabilities 14682
or a county board of developmental disabilities, no party or 14683
person interested in an action shall be appointed a receiver 14684
pursuant to this section.14685

       To assist the court in identifying persons qualified to be 14686
named as receivers, the director of developmental disabilities or 14687
the director's designee shall maintain a list of the names of such 14688
persons. The director shall, in accordance with Chapter 119. of 14689
the Revised Code, establish standards for evaluating persons 14690
desiring to be included on such a list.14691

       (I) Before a receiver enters upon the duties of that person, 14692
the receiver must be sworn to perform the duties of receiver 14693
faithfully, and, with surety approved by the court, judge, or 14694
clerk, execute a bond to such person, and in such sum as the court 14695
or judge directs, to the effect that such receiver will faithfully 14696
discharge the duties of receiver in the action, and obey the 14697
orders of the court therein.14698

       (J) Under the control of the appointing court, a receiver may 14699
bring and defend actions in the receiver's own name as receiver 14700
and take and keep possession of property.14701

       The court shall authorize the receiver to do the following:14702

       (1) Collect payment for all goods and services provided to 14703
the residents or others during the period of the receivership at 14704
the same rate as was charged by the licensee at the time the 14705
petition for receivership was filed, unless a different rate is 14706
set by the court;14707

       (2) Honor all leases, mortgages, and secured transactions 14708
governing all buildings, goods, and fixtures of which the receiver 14709
has taken possession and continues to use, subject to the 14710
following conditions:14711

       (a) In the case of a rental agreement, only to the extent of 14712
payments that are for the use of the property during the period of 14713
the receivership;14714

       (b) In the case of a purchase agreement only to the extent of 14715
payments that come due during the period of the receivership.14716

       (3) If transfer of residents is necessary, provide for the 14717
orderly transfer of residents by doing the following:14718

       (a) Cooperating with all appropriate state and local agencies 14719
in carrying out the transfer of residents to alternative community 14720
placements;14721

       (b) Providing for the transportation of residents' belongings 14722
and records;14723

       (c) Helping to locate alternative placements and develop 14724
discharge plans;14725

       (d) Preparing residents for the trauma of discharge;14726

       (e) Permitting residents or guardians to participate in 14727
transfer or discharge planning except when an emergency exists and 14728
immediate transfer is necessary.14729

       (4) Make periodic reports on the status of the residential 14730
program to the appropriate state agency, county board of 14731
developmental disabilities, parents, guardians, and residents;14732

       (5) Compromise demands or claims;14733

       (6) Generally do such acts respecting the residential 14734
facility as the court authorizes.14735

       (K) Neither the receiver nor the department of developmental 14736
disabilities is liable for debts incurred by the owner or operator 14737
of a residential facility for which a receiver has been appointed.14738

       (L) The department of developmental disabilities may contract 14739
for the operation of a residential facility in receivership. The 14740
department shall establish the conditions of a contract. 14741
Notwithstanding any other provision of law, contracts that are 14742
necessary to carry out the powers and duties of the receiver need 14743
not be competitively bid.14744

       (M) The department of developmental disabilities, the 14745
department of job and family services, and the department of 14746
health shall provide technical assistance to any receiver 14747
appointed pursuant to this section.14748

       Sec. 5123.21.  The director of developmental disabilities or 14749
the director's designee may transfer or authorize the transfer of 14750
an involuntary resident or a consenting voluntary resident from 14751
one public institution to another or to an institution other than 14752
a public institution or other facility, if the director determines 14753
that it would be consistent with the habilitation needs of the 14754
resident to do so.14755

       Before an involuntary resident may be transferred to a more 14756
restrictive setting, the managing officer of the institution shall 14757
file a motion with the court requesting the court to amend its 14758
order of placement issued under section 5123.76 of the Revised 14759
Code. At the resident's request, the court shall hold a hearing on 14760
the motion at which the resident has the same rights as at a full 14761
hearing under section 5123.76 of the Revised Code.14762

       Whenever a resident is transferred, the director shall give 14763
written notice of the transfer to the resident's legal guardian, 14764
parents, spouse, and counsel, or, if none is known, to the 14765
resident's nearest known relative or friend. If the resident is a 14766
minor, the departmentdirector before making such a transfer shall 14767
make a minute of the order for the transfer and the reason for it 14768
upon its record and shall send a certified copy at least seven 14769
days prior to the transfer to the person shown by its record to 14770
have had the care or custody of the minor immediately prior to the 14771
minor's commitment. Whenever a consenting voluntary resident is 14772
transferred, the notification shall be given only at the 14773
resident's request. The managing officer shall advise a voluntary 14774
resident who is being transferred that the patient may decide if 14775
such a notification shall be given. In all such transfers, due 14776
consideration shall be given to the relationship of the resident 14777
to the resident's family, legal guardian, or friends, so as to 14778
maintain relationships and encourage visits beneficial to the 14779
resident.14780

       Sec. 5123.61.  (A) As used in this section:14781

       (1) "Law enforcement agency" means the state highway patrol, 14782
the police department of a municipal corporation, or a county 14783
sheriff.14784

       (2) "Abuse" has the same meaning as in section 5123.50 of the 14785
Revised Code, except that it includes a misappropriation, as 14786
defined in that section.14787

       (3) "Neglect" has the same meaning as in section 5123.50 of 14788
the Revised Code.14789

       (B) The department of developmental disabilities shall 14790
establish a registry office for the purpose of maintaining reports 14791
of abuse, neglect, and other major unusual incidents made to the 14792
department under this section and reports received from county 14793
boards of developmental disabilities under section 5126.31 of the 14794
Revised Code. The department shall establish committees to review 14795
reports of abuse, neglect, and other major unusual incidents.14796

       (C)(1) Any person listed in division (C)(2) of this section, 14797
having reason to believe that a person with mental retardation or 14798
a developmental disability has suffered or faces a substantial 14799
risk of suffering any wound, injury, disability, or condition of 14800
such a nature as to reasonably indicate abuse or neglect of that 14801
person, shall immediately report or cause reports to be made of 14802
such information to the entity specified in this division. Except 14803
as provided in section 5120.173 of the Revised Code or as 14804
otherwise provided in this division, the person making the report 14805
shall make it to a law enforcement agency or to the county board 14806
of developmental disabilities. If the report concerns a resident 14807
of a facility operated by the department of developmental 14808
disabilities the report shall be made either to a law enforcement 14809
agency or to the department. If the report concerns any act or 14810
omission of an employee of a county board of developmental 14811
disabilities, the report immediately shall be made to the 14812
department and to the county board.14813

       (2) All of the following persons are required to make a 14814
report under division (C)(1) of this section:14815

       (a) Any physician, including a hospital intern or resident, 14816
any dentist, podiatrist, chiropractor, practitioner of a limited 14817
branch of medicine as specified in section 4731.15 of the Revised 14818
Code, hospital administrator or employee of a hospital, nurse 14819
licensed under Chapter 4723. of the Revised Code, employee of an 14820
ambulatory health facility as defined in section 5101.61 of the 14821
Revised Code, employee of a home health agency, employee of a 14822
residential facility licensed under section 5119.34 of the Revised 14823
Code that provides accommodations, supervision, and person care 14824
services for three to sixteen unrelated adults, or employee of a 14825
community mental health facility;14826

       (b) Any school teacher or school authority, social worker, 14827
psychologist, attorney, peace officer, coroner, or residents' 14828
rights advocate as defined in section 3721.10 of the Revised Code;14829

       (c) A superintendent, board member, or employee of a county 14830
board of developmental disabilities; an administrator, board 14831
member, or employee of a residential facility licensed under 14832
section 5123.19 of the Revised Code; an administrator, board 14833
member, or employee of any other public or private provider of 14834
services to a person with mental retardation or a developmental 14835
disability, or any MR/DD employee, as defined in section 5123.50 14836
of the Revised Code;14837

       (d) A member of a citizen's advisory council established at 14838
an institution or branch institution of the department of 14839
developmental disabilities under section 5123.092 of the Revised 14840
Code;14841

       (e) A member of the clergy who is employed in a position that 14842
includes providing specialized services to an individual with 14843
mental retardation or another developmental disability, while 14844
acting in an official or professional capacity in that position, 14845
or a person who is employed in a position that includes providing 14846
specialized services to an individual with mental retardation or 14847
another developmental disability and who, while acting in an 14848
official or professional capacity, renders spiritual treatment 14849
through prayer in accordance with the tenets of an organized 14850
religion.14851

       (3)(a) The reporting requirements of this division do not 14852
apply to employees of the Ohio protection and advocacy system.14853

       (b) An attorney or physician is not required to make a report 14854
pursuant to division (C)(1) of this section concerning any 14855
communication the attorney or physician receives from a client or 14856
patient in an attorney-client or physician-patient relationship, 14857
if, in accordance with division (A) or (B) of section 2317.02 of 14858
the Revised Code, the attorney or physician could not testify with 14859
respect to that communication in a civil or criminal proceeding, 14860
except that the client or patient is deemed to have waived any 14861
testimonial privilege under division (A) or (B) of section 2317.02 14862
of the Revised Code with respect to that communication and the 14863
attorney or physician shall make a report pursuant to division 14864
(C)(1) of this section, if both of the following apply:14865

       (i) The client or patient, at the time of the communication, 14866
is a person with mental retardation or a developmental disability.14867

       (ii) The attorney or physician knows or suspects, as a result 14868
of the communication or any observations made during that 14869
communication, that the client or patient has suffered or faces a 14870
substantial risk of suffering any wound, injury, disability, or 14871
condition of a nature that reasonably indicates abuse or neglect 14872
of the client or patient.14873

       (4) Any person who fails to make a report required under 14874
division (C) of this section and who is an MR/DD employee, as 14875
defined in section 5123.50 of the Revised Code, shall be eligible 14876
to be included in the registry regarding misappropriation, abuse, 14877
neglect, or other specified misconduct by MR/DD employees 14878
established under section 5123.52 of the Revised Code.14879

       (D) The reports required under division (C) of this section 14880
shall be made forthwith by telephone or in person and shall be 14881
followed by a written report. The reports shall contain the 14882
following:14883

       (1) The names and addresses of the person with mental 14884
retardation or a developmental disability and the person's 14885
custodian, if known;14886

       (2) The age of the person with mental retardation or a 14887
developmental disability;14888

       (3) Any other information that would assist in the 14889
investigation of the report.14890

       (E) When a physician performing services as a member of the 14891
staff of a hospital or similar institution has reason to believe 14892
that a person with mental retardation or a developmental 14893
disability has suffered injury, abuse, or physical neglect, the 14894
physician shall notify the person in charge of the institution or 14895
that person's designated delegate, who shall make the necessary 14896
reports.14897

       (F) Any person having reasonable cause to believe that a 14898
person with mental retardation or a developmental disability has 14899
suffered or faces a substantial risk of suffering abuse or neglect 14900
may report or cause a report to be made of that belief to the 14901
entity specified in this division. Except as provided in section 14902
5120.173 of the Revised Code or as otherwise provided in this 14903
division, the person making the report shall make it to a law 14904
enforcement agency or the county board of developmental 14905
disabilities. If the person is a resident of a facility operated 14906
by the department of developmental disabilities, the report shall 14907
be made to a law enforcement agency or to the department. If the 14908
report concerns any act or omission of an employee of a county 14909
board of developmental disabilities, the report immediately shall 14910
be made to the department and to the county board.14911

       (G)(1) Upon the receipt of a report concerning the possible 14912
abuse or neglect of a person with mental retardation or a 14913
developmental disability, the law enforcement agency shall inform 14914
the county board of developmental disabilities or, if the person 14915
is a resident of a facility operated by the department of 14916
developmental disabilities, the director of the department or the 14917
director's designee.14918

       (2) On receipt of a report under this section that includes 14919
an allegation of action or inaction that may constitute a crime 14920
under federal law or the law of this state, the department of 14921
developmental disabilities shall notify the law enforcement 14922
agency.14923

       (3) When a county board of developmental disabilities 14924
receives a report under this section that includes an allegation 14925
of action or inaction that may constitute a crime under federal 14926
law or the law of this state, the superintendent of the board or 14927
an individual the superintendent designates under division (H) of 14928
this section shall notify the law enforcement agency. The 14929
superintendent or individual shall notify the department of 14930
developmental disabilities when it receives any report under this 14931
section.14932

       (4) When a county board of developmental disabilities 14933
receives a report under this section and believes that the degree 14934
of risk to the person is such that the report is an emergency, the 14935
superintendent of the board or an employee of the board the 14936
superintendent designates shall attempt a face-to-face contact 14937
with the person with mental retardation or a developmental 14938
disability who allegedly is the victim within one hour of the 14939
board's receipt of the report.14940

       (H) The superintendent of the board may designate an 14941
individual to be responsible for notifying the law enforcement 14942
agency and the department when the county board receives a report 14943
under this section.14944

       (I) An adult with mental retardation or a developmental 14945
disability about whom a report is made may be removed from the 14946
adult's place of residence only by law enforcement officers who 14947
consider that the adult's immediate removal is essential to 14948
protect the adult from further injury or abuse or in accordance 14949
with the order of a court made pursuant to section 5126.33 of the 14950
Revised Code.14951

       (J) A law enforcement agency shall investigate each report of 14952
abuse or neglect it receives under this section. In addition, the 14953
department, in cooperation with law enforcement officials, shall 14954
investigate each report regarding a resident of a facility 14955
operated by the department to determine the circumstances 14956
surrounding the injury, the cause of the injury, and the person 14957
responsible. The investigation shall be in accordance with the 14958
memorandum of understanding prepared under section 5126.058 of the 14959
Revised Code. The department shall determine, with the registry 14960
office which shall be maintained by the department, whether prior 14961
reports have been made concerning an adult with mental retardation 14962
or a developmental disability or other principals in the case. If 14963
the department finds that the report involves action or inaction 14964
that may constitute a crime under federal law or the law of this 14965
state, it shall submit a report of its investigation, in writing, 14966
to the law enforcement agency. If the person with mental 14967
retardation or a developmental disability is an adult, with the 14968
consent of the adult, the department shall provide such protective 14969
services as are necessary to protect the adult. The law 14970
enforcement agency shall make a written report of its findings to 14971
the department.14972

       If the person is an adult and is not a resident of a facility 14973
operated by the department, the county board of developmental 14974
disabilities shall review the report of abuse or neglect in 14975
accordance with sections 5126.30 to 5126.33 of the Revised Code 14976
and the law enforcement agency shall make the written report of 14977
its findings to the county board.14978

       (K) Any person or any hospital, institution, school, health 14979
department, or agency participating in the making of reports 14980
pursuant to this section, any person participating as a witness in 14981
an administrative or judicial proceeding resulting from the 14982
reports, or any person or governmental entity that discharges 14983
responsibilities under sections 5126.31 to 5126.33 of the Revised 14984
Code shall be immune from any civil or criminal liability that 14985
might otherwise be incurred or imposed as a result of such actions 14986
except liability for perjury, unless the person or governmental 14987
entity has acted in bad faith or with malicious purpose.14988

       (L) No employer or any person with the authority to do so 14989
shall discharge, demote, transfer, prepare a negative work 14990
performance evaluation, reduce pay or benefits, terminate work 14991
privileges, or take any other action detrimental to an employee or 14992
retaliate against an employee as a result of the employee's having 14993
made a report under this section. This division does not preclude 14994
an employer or person with authority from taking action with 14995
regard to an employee who has made a report under this section if 14996
there is another reasonable basis for the action.14997

       (M) Reports made under this section are not public records as 14998
defined in section 149.43 of the Revised Code. Information 14999
contained in the reports on request shall be made available to the 15000
person who is the subject of the report, to the person's legal 15001
counsel, and to agencies authorized to receive information in the 15002
report by the department or by a county board of developmental 15003
disabilities.15004

       (N) Notwithstanding section 4731.22 of the Revised Code, the 15005
physician-patient privilege shall not be a ground for excluding 15006
evidence regarding the injuries or physical neglect of a person 15007
with mental retardation or a developmental disability or the cause 15008
thereof in any judicial proceeding resulting from a report 15009
submitted pursuant to this section.15010

       Sec. 5123.75.  A respondent who is involuntarily placed in an 15011
institution or other place as designated in section 5123.77 of the 15012
Revised Code or with respect to whom proceedings have been 15013
instituted under section 5123.71 of the Revised Code shall, on 15014
request of the respondent, the respondent's guardian, or the 15015
respondent's counsel, or upon the court's own motion, be afforded 15016
a hearing to determine whether there is probable cause to believe 15017
that the respondent is a mentally retarded person subject to 15018
institutionalization by court order.15019

       (A) The probable cause hearing shall be conducted within two 15020
court days from the day on which the request is made. Failure to 15021
conduct the probable cause hearing within this time shall effect 15022
an immediate discharge of the respondent. If the proceedings are 15023
not reinstituted within thirty days, records of the proceedings 15024
shall be expunged.15025

       (B) The respondent shall be informed that the respondent may 15026
retain counsel and have independent expert evaluation and, if the 15027
respondent is an indigent person, be represented by court 15028
appointed counsel and have independent expert evaluation at court 15029
expense.15030

       (C) The probable cause hearing shall be conducted in a manner 15031
consistent with the procedures set forth in division (A) of 15032
section 5123.76 of the Revised Code, except divisions (A)(10) and 15033
(14) of that section, and the designee of the director of 15034
developmental disabilities under section 5123.72 of the Revised 15035
Code shall present evidence for the state.15036

       (D) If the court does not find probable cause to believe that 15037
the respondent is a mentally retarded person subject to 15038
institutionalization by court order, it shall order immediate 15039
release of the respondent and dismiss and expunge all record of 15040
the proceedings under this chapter.15041

       (E) On motion of the respondent or the respondent's counsel 15042
and for good cause shown, the court may order a continuance of the 15043
hearing.15044

       (F) If the court finds probable cause to believe that the 15045
respondent is a mentally retarded person subject to 15046
institutionalization by court order, the court may issue an 15047
interim order of placement and, where proceedings under section 15048
5123.71 of the Revised Code have been instituted, shall order a 15049
full hearing as provided in section 5123.76 of the Revised Code to 15050
be held on the question of whether the respondent is a mentally 15051
retarded person subject to institutionalization by court order. 15052
Unless specifically waived by the respondent or the respondent's 15053
counsel, the court shall schedule said hearing to be held as soon 15054
as possible within ten days from the probable cause hearing. A 15055
waiver of such full hearing at this point shall not preclude the 15056
respondent from asserting the respondent's right to such hearing 15057
under section 5123.76 of the Revised Code at any time prior to the 15058
mandatory hearing provided in division (H) of section 5123.76 of 15059
the Revised Code. In any case, if the respondent has waived the 15060
right to the full hearing, a mandatory hearing shall be held under 15061
division (H) of section 5123.76 of the Revised Code between the 15062
ninetieth and the one hundredth day after the original involuntary 15063
detention of the person unless the respondent has been discharged.15064

       (G) Whenever possible, the probable cause hearing shall be 15065
held before the respondent is taken into custody.15066

       Sec. 5123.76.  (A) The full hearing shall be conducted in a 15067
manner consistent with the procedures outlined in this chapter and 15068
with due process of law. The hearing shall be held by a judge of 15069
the probate division or, upon transfer by the judge of the probate 15070
division, by another judge of the court of common pleas, or a 15071
referee designated by the judge of the probate division. Any 15072
referee designated by the judge of the probate division must be an 15073
attorney.15074

       (1) The following shall be made available to counsel for the 15075
respondent:15076

       (a) All relevant documents, information, and evidence in the 15077
custody or control of the state or prosecutor;15078

       (b) All relevant documents, information, and evidence in the 15079
custody or control of the institution, facility, or program in 15080
which the respondent currently is held or in which the respondent 15081
has been held pursuant to these proceedings;15082

       (c) With the consent of the respondent, all relevant 15083
documents, information, and evidence in the custody or control of 15084
any institution or person other than the state.15085

       (2) The respondent has the right to be represented by counsel 15086
of the respondent's choice and has the right to attend the hearing 15087
except if unusual circumstances of compelling medical necessity 15088
exist that render the respondent unable to attend and the 15089
respondent has not expressed a desire to attend.15090

       (3) If the respondent is not represented by counsel and the 15091
court determines that the conditions specified in division (A)(2) 15092
of this section justify the respondent's absence and the right to 15093
counsel has not been validly waived, the court shall appoint 15094
counsel forthwith to represent the respondent at the hearing, 15095
reserving the right to tax costs of appointed counsel to the 15096
respondent unless it is shown that the respondent is indigent. If 15097
the court appoints counsel, or if the court determines that the 15098
evidence relevant to the respondent's absence does not justify the 15099
absence, the court shall continue the case.15100

       (4) The respondent shall be informed of the right to retain 15101
counsel, to have independent expert evaluation, and, if an 15102
indigent person, to be represented by court appointed counsel and 15103
have expert independent evaluation at court expense.15104

       (5) The hearing may be closed to the public unless counsel 15105
for the respondent requests that the hearing be open to the 15106
public.15107

       (6) Unless objected to by the respondent, the respondent's 15108
counsel, or the designee of the director of developmental 15109
disabilities under section 5123.72 of the Revised Code, the court, 15110
for good cause shown, may admit persons having a legitimate 15111
interest in the proceedings.15112

       (7) The affiant under section 5123.71 of the Revised Code 15113
shall be subject to subpoena by either party.15114

       (8) The court shall examine the sufficiency of all documents 15115
filed and shall inform the respondent, if present, and the 15116
respondent's counsel of the nature of the content of the documents 15117
and the reason for which the respondent is being held or for which 15118
the respondent's placement is being sought.15119

       (9) The court shall receive only relevant, competent, and 15120
material evidence.15121

       (10) TheIn accordance with section 5123.72 of the Revised 15122
Code, the designee of the director shall present the evidence for 15123
the state. In proceedings under this chapter, the attorney general 15124
shall present the comprehensive evaluation, assessment, diagnosis, 15125
prognosis, record of habilitation and care, if any, and less 15126
restrictive habilitation plans, if any. The attorney general does 15127
not have a similar presentation responsibility in connection with 15128
a person who has been found not guilty by reason of insanity and 15129
who is the subject of a hearing under section 2945.40 of the 15130
Revised Code to determine whether the person is a mentally 15131
retarded person subject to institutionalization by court order.15132

       (11) The respondent has the right to testify and the 15133
respondent or the respondent's counsel has the right to subpoena 15134
witnesses and documents and to present and cross-examine 15135
witnesses.15136

       (12) The respondent shall not be compelled to testify and 15137
shall be so advised by the court.15138

       (13) On motion of the respondent or the respondent's counsel 15139
for good cause shown, or upon the court's own motion, the court 15140
may order a continuance of the hearing.15141

       (14) To an extent not inconsistent with this chapter, the 15142
Rules of Civil Procedure shall be applicable.15143

       (B) Unless, upon completion of the hearing, the court finds 15144
by clear and convincing evidence that the respondent named in the 15145
affidavit is a mentally retarded person subject to 15146
institutionalization by court order, it shall order the 15147
respondent's discharge forthwith.15148

       (C) If, upon completion of the hearing, the court finds by 15149
clear and convincing evidence that the respondent is a mentally 15150
retarded person subject to institutionalization by court order, 15151
the court may order the respondent's discharge or order the 15152
respondent, for a period not to exceed ninety days, to any of the 15153
following:15154

       (1) A public institution, provided that commitment of the 15155
respondent to the institution will not cause the institution to 15156
exceed its licensed capacity determined in accordance with section 15157
5123.19 of the Revised Code and provided that such a placement is 15158
indicated by the comprehensive evaluation report filed pursuant to 15159
section 5123.71 of the Revised Code;15160

       (2) A private institution;15161

       (3) A county mental retardation program;15162

       (4) Receive private habilitation and care;15163

       (5) Any other suitable facility, program, or the care of any 15164
person consistent with the comprehensive evaluation, assessment, 15165
diagnosis, prognosis, and habilitation needs of the respondent.15166

       (D) Any order made pursuant to division (C)(2), (4), or (5) 15167
of this section shall be conditional upon the receipt by the court 15168
of consent by the facility, program, or person to accept the 15169
respondent.15170

       (E) In determining the place to which, or the person with 15171
whom, the respondent is to be committed, the court shall consider 15172
the comprehensive evaluation, assessment, diagnosis, and projected 15173
habilitation plan for the respondent, and shall order the 15174
implementation of the least restrictive alternative available and 15175
consistent with habilitation goals.15176

       (F) If, at any time it is determined by the director of the 15177
facility or program to which, or the person to whom, the 15178
respondent is committed that the respondent could be equally well 15179
habilitated in a less restrictive environment that is available, 15180
the following shall occur:15181

       (1) The respondent shall be released by the director of the 15182
facility or program or by the person forthwith and referred to the 15183
court together with a report of the findings and recommendations 15184
of the facility, program, or person.15185

       (2) The director of the facility or program or the person 15186
shall notify the respondent's counsel and the designee of the 15187
director of developmental disabilities.15188

       (3) The court shall dismiss the case or order placement in 15189
the less restrictive environment.15190

       (G)(1) Except as provided in divisions (G)(2) and (3) of this 15191
section, any person who has been committed under this section may 15192
apply at any time during the ninety-day period for voluntary 15193
admission to an institution under section 5123.69 of the Revised 15194
Code. Upon admission of a voluntary resident, the managing officer 15195
immediately shall notify the court, the respondent's counsel, and 15196
the designee of the director in writing of that fact by mail or 15197
otherwise, and, upon receipt of the notice, the court shall 15198
dismiss the case.15199

       (2) A person who is found incompetent to stand trial or not 15200
guilty by reason of insanity and who is committed pursuant to 15201
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised 15202
Code shall not be voluntarily admitted to an institution pursuant 15203
to division (G)(1) of this section until after the termination of 15204
the commitment, as described in division (J) of section 2945.401 15205
of the Revised Code.15206

       (H) If, at the end of any commitment period, the respondent 15207
has not already been discharged or has not requested voluntary 15208
admission status, the director of the facility or program, or the 15209
person to whose care the respondent has been committed, shall 15210
discharge the respondent forthwith, unless at least ten days 15211
before the expiration of that period the designee of the director 15212
of developmental disabilities or the prosecutor files an 15213
application with the court requesting continued commitment.15214

       (1) An application for continued commitment shall include a 15215
written report containing a current comprehensive evaluation and 15216
assessment, a diagnosis, a prognosis, an account of progress and 15217
past habilitation, and a description of alternative habilitation 15218
settings and plans, including a habilitation setting that is the 15219
least restrictive setting consistent with the need for 15220
habilitation. A copy of the application shall be provided to 15221
respondent's counsel. The requirements for notice under section 15222
5123.73 of the Revised Code and the provisions of divisions (A) to 15223
(E) of this section apply to all hearings on such applications.15224

       (2) A hearing on the first application for continued 15225
commitment shall be held at the expiration of the first ninety-day 15226
period. The hearing shall be mandatory and may not be waived.15227

       (3) Subsequent periods of commitment not to exceed one 15228
hundred eighty days each may be ordered by the court if the 15229
designee of the director of developmental disabilities files an 15230
application for continued commitment, after a hearing is held on 15231
the application or without a hearing if no hearing is requested 15232
and no hearing required under division (H)(4) of this section is 15233
waived. Upon the application of a person involuntarily committed 15234
under this section, supported by an affidavit of a licensed 15235
physician alleging that the person is no longer a mentally 15236
retarded person subject to institutionalization by court order, 15237
the court for good cause shown may hold a full hearing on the 15238
person's continued commitment prior to the expiration of any 15239
subsequent period of commitment set by the court.15240

       (4) A mandatory hearing shall be held at least every two 15241
years after the initial commitment.15242

       (5) If the court, after a hearing upon a request to continue 15243
commitment, finds that the respondent is a mentally retarded 15244
person subject to institutionalization by court order, the court 15245
may make an order pursuant to divisions (C), (D), and (E) of this 15246
section.15247

       (I) Notwithstanding the provisions of division (H) of this 15248
section, no person who is found to be a mentally retarded person 15249
subject to institutionalization by court order pursuant to 15250
division (O)(2) of section 5123.01 of the Revised Code shall be 15251
held under involuntary commitment for more than five years.15252

       (J) The managing officer admitting a person pursuant to a 15253
judicial proceeding, within ten working days of the admission, 15254
shall make a report of the admission to the department.15255

       Sec. 5123.89.  (A) As used in this section:15256

        (1) "Family" means a parent, brother, sister, spouse, son, 15257
daughter, grandparent, aunt, uncle, or cousin.15258

        (2) "Payment" means activities undertaken by a service 15259
provider or government entity to obtain or provide reimbursement 15260
for services provided to a person.15261

       (3) "Treatment" means the provision of services to a person, 15262
including the coordination or management of services provided to 15263
the person.15264

        (B) All certificates, applications, records, and reports made 15265
for the purpose of this chapter, other than court journal entries 15266
or court docket entries, which directly or indirectly identify a 15267
resident or former resident of an institution for the mentally 15268
retarded or person whose institutionalization has been sought 15269
under this chapter shall be kept confidential and shall not be 15270
disclosed by any person except in the following situations:15271

       (1) It is the judgment of the court for judicial records, and 15272
the managing officer for institution records, that disclosure is 15273
in the best interest of the person identified, and that person or 15274
that person's guardian or, if that person is a minor, that 15275
person's parent or guardian consents.15276

       (2) Disclosure is provided for in other sections of this 15277
chapter.15278

       (3) It is the judgment of the managing officer for 15279
institution records that disclosure to a mental health facility is 15280
in the best interest of the person identified.15281

       (4) Disclosure is of a record deposited with the Ohio 15282
historical society pursuant to division (C) of section 5123.31 of 15283
the Revised Code and the disclosure is made to the closest living 15284
relative of the person identified, on the relative's request.15285

       (B)(5) Disclosure is needed for the treatment of a person who 15286
is a resident or former resident of an institution for the 15287
mentally retarded or a person whose institutionalization has been 15288
sought under this chapter or is needed for the payment of services 15289
provided to the person.15290

       (C) The department of developmental disabilities shall adopt 15291
rules with respect to the systematic and periodic destruction of 15292
residents' records.15293

       (C)(1) As used in this division, "family" means a parent, 15294
brother, sister, spouse, son, daughter, grandparent, aunt, uncle, 15295
or cousin.15296

       (2)(D) Upon the death of a resident or former resident of an 15297
institution for the mentally retarded or a person whose 15298
institutionalization was sought under this chapter, the managing 15299
officer of an institution shall provide access to the 15300
certificates, applications, records, and reports made for the 15301
purposes of this chapter to the resident's, former resident's, or 15302
person's guardian if the guardian makes a written request. If a 15303
deceased resident, former resident, or person whose 15304
institutionalization was sought under this chapter did not have a 15305
guardian at the time of death, the managing officer shall provide 15306
access to the certificates, applications, records, and reports 15307
made for purposes of this chapter to a member of the person's 15308
family, upon that family member's written request.15309

       (D)(E) No person shall reveal the contents of a record of a 15310
resident except as authorized by this chapter.15311

       Sec. 5124.01.  As used in this chapter:15312

       (A) "Affiliated operator" means an operator affiliated with 15313
either of the following:15314

       (1) The exiting operator for whom the affiliated operator is 15315
to assume liability for the entire amount of the exiting 15316
operator's debt under the medicaid program or the portion of the 15317
debt that represents the franchise permit fee the exiting operator 15318
owes;15319

       (2) The entering operator involved in the change of operator 15320
with the exiting operator specified in division (A)(1) of this 15321
section.15322

       (B) "Allowable costs" means an ICF/IID's costs that the 15323
department of developmental disabilities determines are 15324
reasonable. Fines paid under section 5124.99 of the Revised Code 15325
are not allowable costs.15326

       (C) "Capital costs" means an ICF/IID's costs of ownership and 15327
costs of nonextensive renovation.15328

       (D) "Case-mix score" means the measure determined under 15329
section 5124.192 of the Revised Code of the relative direct-care 15330
resources needed to provide care and habilitation to an ICF/IID 15331
resident.15332

       (E) "Change of operator" means an entering operator becoming 15333
the operator of an ICF/IID in the place of the exiting operator.15334

       (1) Actions that constitute a change of operator include the 15335
following:15336

       (a) A change in an exiting operator's form of legal 15337
organization, including the formation of a partnership or 15338
corporation from a sole proprietorship;15339

       (b) A transfer of all the exiting operator's ownership 15340
interest in the operation of the ICF/IID to the entering operator, 15341
regardless of whether ownership of any or all of the real property 15342
or personal property associated with the ICF/IID is also 15343
transferred;15344

       (c) A lease of the ICF/IID to the entering operator or the 15345
exiting operator's termination of the exiting operator's lease;15346

       (d) If the exiting operator is a partnership, dissolution of 15347
the partnership;15348

       (e) If the exiting operator is a partnership, a change in 15349
composition of the partnership unless both of the following apply:15350

       (i) The change in composition does not cause the 15351
partnership's dissolution under state law.15352

       (ii) The partners agree that the change in composition does 15353
not constitute a change in operator.15354

       (f) If the operator is a corporation, dissolution of the 15355
corporation, a merger of the corporation into another corporation 15356
that is the survivor of the merger, or a consolidation of one or 15357
more other corporations to form a new corporation.15358

       (2) The following, alone, do not constitute a change of 15359
operator:15360

       (a) A contract for an entity to manage an ICF/IID as the 15361
operator's agent, subject to the operator's approval of daily 15362
operating and management decisions;15363

       (b) A change of ownership, lease, or termination of a lease 15364
of real property or personal property associated with an ICF/IID 15365
if an entering operator does not become the operator in place of 15366
an exiting operator;15367

       (c) If the operator is a corporation, a change of one or more 15368
members of the corporation's governing body or transfer of 15369
ownership of one or more shares of the corporation's stock, if the 15370
same corporation continues to be the operator.15371

       (F) "Cost center" means the following:15372

       (1) Capital costs;15373

       (2) Direct care costs;15374

       (3) Indirect care costs;15375

       (4) Other protected costs.15376

       (G) "Costs of nonextensive renovations" means the actual 15377
expense incurred by an ICF/IID for depreciation or amortization 15378
and interest on renovations that are not extensive renovations.15379

       (H)(1) "Costs of ownership" means the actual expenses 15380
incurred by an ICF/IID for all of the following:15381

       (a) Subject to division (H)(2) of this section, depreciation 15382
and interest on any capital assets that cost five hundred dollars 15383
or more per item, including the following:15384

       (i) Buildings;15385

       (ii) Building improvements that are not approved as 15386
nonextensive renovations under section 5124.17 of the Revised 15387
Code;15388

       (iii) Equipment;15389

       (iv) Extensive renovations;15390

       (v) Transportation equipment.15391

       (b) Amortization and interest on land improvements and 15392
leasehold improvements;15393

       (c) Amortization of financing costs;15394

       (d) Except as provided in division (Z) of this section, lease 15395
and rent of land, building, and equipment.15396

       (2) The costs of capital assets of less than five hundred 15397
dollars per item may be considered costs of ownership in 15398
accordance with an ICF/IID provider's practice.15399

       (I)(1) "Date of licensure" means the following:15400

       (a) In the case of an ICF/IID that was originally licensed as 15401
a nursing home under Chapter 3721. of the Revised Code, the date 15402
that it was originally so licensed, regardless that it was 15403
subsequently licensed as a residential facility under section 15404
5123.19 of the Revised Code;15405

       (b) In the case of an ICF/IID that was originally licensed as 15406
a residential facility under section 5123.19 of the Revised Code, 15407
the date it was originally so licensed;15408

       (c) In the case of an ICF/IID that was not required by law to 15409
be licensed as a nursing home or residential facility when it was 15410
originally operated as a residential facility, the date it first 15411
was operated as a residential facility, regardless of the date the 15412
ICF/IID was first licensed as a nursing home or residential 15413
facility.15414

       (2) If, after an ICF/IID's original date of licensure, more 15415
residential facility beds are added to the ICF/IID or all or part 15416
of the ICF/IID undergoes an extensive renovation, the ICF/IID has 15417
a different date of licensure for the additional beds or 15418
extensively renovated portion of the ICF/IID. This does not apply, 15419
however, to additional beds when both of the following apply:15420

       (a) The additional beds are located in a part of the ICF/IID 15421
that was constructed at the same time as the continuing beds 15422
already located in that part of the ICF/IID;.15423

       (b) The part of the ICF/IID in which the additional beds are 15424
located was constructed as part of the ICF/IID at a time when the 15425
ICF/IID was not required by law to be licensed as a nursing home 15426
or residential facility.15427

       (3) The definition of "date of licensure" in this section 15428
applies in determinations of ICFs/IID's medicaid payment rates but 15429
does not apply in determinations of ICFs/IID's franchise permit 15430
fees under sections 5168.60 to 5168.71 of the Revised Code.15431

       (J) "Desk-reviewed" means that an ICF/IID's costs as reported 15432
on a cost report filed under section 5124.10 or 5124.101 of the 15433
Revised Code have been subjected to a desk review under section 15434
5124.108 of the Revised Code and preliminarily determined to be 15435
allowable costs.15436

       (K) "Developmental center" means a residential facility that 15437
is maintained and operated by the department of developmental 15438
disabilities.15439

       (L) "Direct care costs" means all of the following costs 15440
incurred by an ICF/IID:15441

       (1) Costs for registered nurses, licensed practical nurses, 15442
and nurse aides employed by the ICF/IID;15443

       (2) Costs for direct care staff, administrative nursing 15444
staff, medical directors, respiratory therapists, physical 15445
therapists, physical therapy assistants, occupational therapists, 15446
occupational therapy assistants, speech therapists, audiologists, 15447
habilitation staff (including habilitation supervisors), qualified 15448
intellectual disability professionals, program directors, social 15449
services staff, activities staff, off-site day programming, 15450
psychologists, psychology assistants, social workers, counselors, 15451
and other persons holding degrees qualifying them to provide 15452
therapy;15453

       (3) Costs of purchased nursing services;15454

       (4) Costs of training and staff development, employee 15455
benefits, payroll taxes, and workers' compensation premiums or 15456
costs for self-insurance claims and related costs as specified in 15457
rules adopted under section 5124.03 of the Revised Code, for 15458
personnel listed in divisions (L)(1), (2), and (3) of this 15459
section;15460

       (5) Costs of quality assurance;15461

       (6) Costs of consulting and management fees related to direct 15462
care;15463

       (7) Allocated direct care home office costs;15464

       (8) Costs of other direct-care resources that are specified 15465
as direct care costs in rules adopted under section 5124.03 of the 15466
Revised Code.15467

       (M) "Downsized ICF/IID" means an ICF/IID that permanently 15468
reduced its medicaid-certified capacity pursuant to a plan 15469
approved by the department of developmental disabilities under 15470
section 5123.042 of the Revised Code.15471

       (N) "Effective date of a change of operator" means the day 15472
the entering operator becomes the operator of the ICF/IID.15473

       (O) "Effective date of a facility closure" means the last day 15474
that the last of the residents of the ICF/IID resides in the 15475
ICF/IID.15476

       (P) "Effective date of an involuntary termination" means the 15477
date the department of medicaid terminates the operator's provider 15478
agreement for the ICF/IID or the last day that such a provider 15479
agreement is in effect when the department cancels or refuses to 15480
revalidate it.15481

       (Q) "Effective date of a voluntary termination" means the day 15482
the ICF/IID ceases to accept medicaid recipients.15483

       (R) "Entering operator" means the person or government entity 15484
that will become the operator of an ICF/IID when a change of 15485
operator occurs or following an involuntary termination.15486

       (S) "Exiting operator" means any of the following:15487

       (1) An operator that will cease to be the operator of an 15488
ICF/IID on the effective date of a change of operator;15489

       (2) An operator that will cease to be the operator of an 15490
ICF/IID on the effective date of a facility closure;15491

       (3) An operator of an ICF/IID that is undergoing or has 15492
undergone a voluntary termination;15493

       (4) An operator of an ICF/IID that is undergoing or has 15494
undergone an involuntary termination.15495

       (T)(1) "Extensive renovation" means the following:15496

       (a) An ICF/IID's betterment, improvement, or restoration to 15497
which both of the following apply:15498

       (i) It was started before July 1, 1993;.15499

       (ii) It meets the definition of "extensive renovation" 15500
established in rules that were adopted by the director of job and 15501
family services and in effect on December 22, 1992.15502

       (b) An ICF/IID's betterment, improvement, or restoration to 15503
which all of the following apply:15504

       (i) It was started on or after July 1, 1993;.15505

       (ii) Except as provided in division (T)(2) of this section, 15506
it costs more than sixty-five per cent and not more than 15507
eighty-five per cent of the cost of constructing a new bed;.15508

       (iii) It extends the useful life of the assets for at least 15509
ten years.15510

       (2) The department of developmental disabilities may treat a 15511
renovation that costs more than eighty-five per cent of the cost 15512
of constructing new beds as an extensive renovation if the 15513
department determines that the renovation is more prudent than 15514
construction of new beds.15515

       (3) For the purpose of division (T)(1)(b)(ii) of this 15516
section, the cost of constructing a new bed shall be considered to 15517
be forty thousand dollars, adjusted for the estimated rate of 15518
inflation from January 1, 1993, to the end of the calendar year 15519
during which the extensive renovation is completed, using the 15520
consumer price index for shelter costs for all urban consumers for 15521
the north central region, as published by the United States bureau 15522
of labor statistics.15523

       (U)(1) Subject to divisions (U)(2) and (3) of this section, 15524
"facility closure" means either of the following:15525

       (a) Discontinuance of the use of the building, or part of the 15526
building, that houses the facility as an ICF/IID that results in 15527
the relocation of all of the facility's residents;15528

       (b) Conversion of the building, or part of the building, that 15529
houses an ICF/IID to a different use with any necessary license or 15530
other approval needed for that use being obtained and one or more 15531
of the facility's residents remaining in the facility to receive 15532
services under the new use. 15533

       (2) A facility closure occurs regardless of any of the 15534
following:15535

       (a) The operator completely or partially replacing the 15536
ICF/IID by constructing a new ICF/IID or transferring the 15537
ICF/IID's license to another ICF/IID;15538

       (b) The ICF/IID's residents relocating to another of the 15539
operator's ICFs/IID;15540

       (c) Any action the department of health takes regarding the 15541
ICF/IID's medicaid certification that may result in the transfer 15542
of part of the ICF/IID's survey findings to another of the 15543
operator's ICFs/IID;15544

       (d) Any action the department of developmental disabilities 15545
takes regarding the ICF/IID's license under section 5123.19 of the 15546
Revised Code.15547

       (3) A facility closure does not occur if all of the ICF/IID's 15548
residents are relocated due to an emergency evacuation and one or 15549
more of the residents return to a medicaid-certified bed in the 15550
ICF/IID not later than thirty days after the evacuation occurs.15551

       (V) "Fiscal year" means the fiscal year of this state, as 15552
specified in section 9.34 of the Revised Code.15553

       (W) "Franchise permit fee" means the fee imposed by sections 15554
5168.60 to 5168.71 of the Revised Code.15555

       (X) "Home and community-based services" has the same meaning 15556
as in section 5123.01 of the Revised Code.15557

       (Y) "ICF/IID services" has the same meaning as in 42 C.F.R. 15558
440.150.15559

       (Z)(1) "Indirect care costs" means all reasonable costs 15560
incurred by an ICF/IID other than capital costs, direct care 15561
costs, and other protected costs. "Indirect care costs" includes 15562
costs of habilitation supplies, pharmacy consultants, medical and 15563
habilitation records, program supplies, incontinence supplies, 15564
food, enterals, dietary supplies and personnel, laundry, 15565
housekeeping, security, administration, liability insurance, 15566
bookkeeping, purchasing department, human resources, 15567
communications, travel, dues, license fees, subscriptions, home 15568
office costs not otherwise allocated, legal services, accounting 15569
services, minor equipment, maintenance and repair expenses, 15570
help-wanted advertising, informational advertising, start-up 15571
costs, organizational expenses, other interest, property 15572
insurance, employee training and staff development, employee 15573
benefits, payroll taxes, and workers' compensation premiums or 15574
costs for self-insurance claims and related costs, as specified in 15575
rules adopted under section 5124.03 of the Revised Code, for 15576
personnel listed in this division. Notwithstanding division (H) of 15577
this section, "indirect care costs" also means the cost of 15578
equipment, including vehicles, acquired by operating lease 15579
executed before December 1, 1992, if the costs are reported as 15580
administrative and general costs on the ICF/IID's cost report for 15581
the cost reporting period ending December 31, 1992.15582

       (2) For the purpose of division (Z)(1) of this section, an 15583
operating lease shall be construed in accordance with generally 15584
accepted accounting principles.15585

       (AA) "Inpatient days" means both of the following:15586

       (1) All days during which a resident, regardless of payment 15587
source, occupies a bed in an ICF/IID that is included in the 15588
ICF/IID's medicaid-certified capacity;15589

       (2) All days for which payment is made under section 5124.34 15590
of the Revised Code.15591

       (BB) "Intermediate care facility for individuals with 15592
intellectual disabilities" and "ICF/IID" mean an intermediate care 15593
facility for the mentally retarded as defined in the "Social 15594
Security Act," section 1905(d), 42 U.S.C. 1396d(d).15595

       (CC) "Involuntary termination" means the department of 15596
medicaid's termination of, cancellation of, or refusal to 15597
revalidate the operator's provider agreement for the ICF/IID when 15598
such action is not taken at the operator's request.15599

       (DD) "Maintenance and repair expenses" means, except as 15600
provided in division (TT)(2)(b) of this section, expenditures that 15601
are necessary and proper to maintain an asset in a normally 15602
efficient working condition and that do not extend the useful life 15603
of the asset two years or more. "Maintenance and repair expenses" 15604
includes the costs of ordinary repairs such as painting and 15605
wallpapering.15606

       (EE) "Medicaid-certified capacity" means the number of an 15607
ICF/IID's beds that are certified for participation in medicaid as 15608
ICF/IID beds.15609

       (FF) "Medicaid days" means both of the following:15610

       (1) All days during which a resident who is a medicaid 15611
recipient eligible for ICF/IID services occupies a bed in an 15612
ICF/IID that is included in the ICF/IID's medicaid-certified 15613
capacity;15614

       (2) All days for which payment is made under section 5124.34 15615
of the Revised Code. 15616

       (GG)(1) "New ICF/IID" means an ICF/IID for which the provider 15617
obtains an initial provider agreement following the director of 15618
health's medicaid certification of the ICF/IID, including such an 15619
ICF/IID that replaces one or more ICFs/IID for which a provider 15620
previously held a provider agreement.15621

       (2) "New ICF/IID" does not mean either of the following:15622

       (a) An ICF/IID for which the entering operator seeks a 15623
provider agreement pursuant to section 5124.511 or 5124.512 or 15624
(pursuant to section 5124.515) section 5124.07 of the Revised 15625
Code;15626

       (b) A downsized ICF/IID or partially converted ICF/IID.15627

       (HH) "Nursing home" has the same meaning as in section 15628
3721.01 of the Revised Code.15629

       (II) "Operator" means the person or government entity 15630
responsible for the daily operating and management decisions for 15631
an ICF/IID.15632

       (JJ) "Other protected costs" means costs incurred by an 15633
ICF/IID for medical supplies; real estate, franchise, and property 15634
taxes; natural gas, fuel oil, water, electricity, sewage, and 15635
refuse and hazardous medical waste collection; allocated other 15636
protected home office costs; and any additional costs defined as 15637
other protected costs in rules adopted under section 5124.03 of 15638
the Revised Code.15639

       (KK)(1) "Owner" means any person or government entity that 15640
has at least five per cent ownership or interest, either directly, 15641
indirectly, or in any combination, in any of the following 15642
regarding an ICF/IID:15643

       (a) The land on which the ICF/IID is located;15644

       (b) The structure in which the ICF/IID is located;15645

       (c) Any mortgage, contract for deed, or other obligation 15646
secured in whole or in part by the land or structure on or in 15647
which the ICF/IID is located;15648

       (d) Any lease or sublease of the land or structure on or in 15649
which the ICF/IID is located.15650

       (2) "Owner" does not mean a holder of a debenture or bond 15651
related to an ICF/IID and purchased at public issue or a regulated 15652
lender that has made a loan related to the ICF/IID unless the 15653
holder or lender operates the ICF/IID directly or through a 15654
subsidiary.15655

       (LL) "Partially converted ICF/IID" means an ICF/IID that 15656
converted some, but not all, of its beds to providing home and 15657
community-based services under the individual options waiver 15658
pursuant to section 5124.60 or 5124.61 of the Revised Code. 15659

       (MM)(1) Except as provided in divisions (MM)(2) and (3) of 15660
this section, "per diem" means an ICF/IID's desk-reviewed, actual, 15661
allowable costs in a given cost center in a cost reporting period, 15662
divided by the facility's inpatient days for that cost reporting 15663
period.15664

       (2) When determining capital costs for the purpose of section 15665
5124.17 of the Revised Code, "per diem" means an ICF/IID's actual, 15666
allowable capital costs in a cost-reportingcost reporting period 15667
divided by the greater of the facility's inpatient days for that 15668
period or the number of inpatient days the ICF/IID would have had 15669
during that period if its occupancy rate had been ninety-five per 15670
cent.15671

       (3) When determining indirect care costs for the purpose of 15672
section 5124.21 of the Revised Code, "per diem" means an ICF/IID's 15673
actual, allowable indirect care costs in a cost-reportingcost 15674
reporting period divided by the greater of the ICF/IID's inpatient 15675
days for that period or the number of inpatient days the ICF/IID 15676
would have had during that period if its occupancy rate had been 15677
eighty-five per cent.15678

       (NN) "Provider" means an operator with a valid provider 15679
agreement.15680

       (OO) "Provider agreement" means a provider agreement, as 15681
defined in section 5164.01 of the Revised Code, that is between 15682
the department of medicaid and the operator of an ICF/IID for the 15683
provision of ICF/IID services under the medicaid program.15684

       (PP) "Purchased nursing services" means services that are 15685
provided in an ICF/IID by registered nurses, licensed practical 15686
nurses, or nurse aides who are not employees of the ICF/IID.15687

       (QQ) "Reasonable" means that a cost is an actual cost that is 15688
appropriate and helpful to develop and maintain the operation of 15689
resident care facilities and activities, including normal standby 15690
costs, and that does not exceed what a prudent buyer pays for a 15691
given item or services. Reasonable costs may vary from provider to 15692
provider and from time to time for the same provider.15693

       (RR) "Related party" means an individual or organization 15694
that, to a significant extent, has common ownership with, is 15695
associated or affiliated with, has control of, or is controlled 15696
by, a provider.15697

       (1) An individual who is a relative of an owner is a related 15698
party.15699

       (2) Common ownership exists when an individual or individuals 15700
possess significant ownership or equity in both the provider and 15701
the other organization. Significant ownership or equity exists 15702
when an individual or individuals possess five per cent ownership 15703
or equity in both the provider and a supplier. Significant 15704
ownership or equity is presumed to exist when an individual or 15705
individuals possess ten per cent ownership or equity in both the 15706
provider and another organization from which the provider 15707
purchases or leases real property.15708

       (3) Control exists when an individual or organization has the 15709
power, directly or indirectly, to significantly influence or 15710
direct the actions or policies of an organization.15711

       (4) An individual or organization that supplies goods or 15712
services to a provider shall not be considered a related party if 15713
all of the following conditions are met:15714

       (a) The supplier is a separate bona fide organization.15715

       (b) A substantial part of the supplier's business activity of 15716
the type carried on with the provider is transacted with others 15717
than the provider and there is an open, competitive market for the 15718
types of goods or services the supplier furnishes.15719

       (c) The types of goods or services are commonly obtained by 15720
other ICFs/IID from outside organizations and are not a basic 15721
element of resident care ordinarily furnished directly to 15722
residents by the ICFs/IID.15723

       (d) The charge to the provider is in line with the charge for 15724
the goods or services in the open market and no more than the 15725
charge made under comparable circumstances to others by the 15726
supplier.15727

       (SS) "Relative of owner" means an individual who is related 15728
to an owner of an ICF/IID by one of the following relationships:15729

       (1) Spouse;15730

       (2) Natural parent, child, or sibling;15731

       (3) Adopted parent, child, or sibling;15732

       (4) Stepparent, stepchild, stepbrother, or stepsister;15733

       (5) Father-in-law, mother-in-law, son-in-law, 15734
daughter-in-law, brother-in-law, or sister-in-law;15735

       (6) Grandparent or grandchild;15736

       (7) Foster caregiver, foster child, foster brother, or foster 15737
sister.15738

       (TT)(1) "Renovation" means the following:15739

       (a) An ICF/IID's betterment, improvement, or restoration to 15740
which both of the following apply:15741

       (i) It was started before July 1, 1993;.15742

       (ii) It meets the definition of "renovation" established in 15743
rules that were adopted by the director of job and family services 15744
and in effect on December 22, 1992.15745

       (b) An ICF/IID's betterment, improvement, or restoration to 15746
which both of the following apply:15747

       (i) It was started on or after July 1, 1993;.15748

       (ii) It betters, improves, or restores the ICF/IID beyond its 15749
current functional capacity through a structural change that costs 15750
at least five hundred dollars per bed.15751

       (2) A renovation started on or after July 1, 1993, may 15752
include both of the following:15753

       (a) A betterment, improvement, restoration, or replacement of 15754
assets that are affixed to a building and have a useful life of at 15755
least five years;15756

       (b) Costs that otherwise would be considered maintenance and 15757
repair expenses if they are an integral part of the structural 15758
change that makes up the renovation project.15759

       (3) "Renovation" does not mean construction of additional 15760
space for beds that will be added to an ICF/IID's licensed 15761
capacity or medicaid-certified capacity.15762

       (UU) "Residential facility" has the same meaning as in 15763
section 5123.19 of the Revised Code.15764

       (VV) "Sponsor" means an adult relative, friend, or guardian 15765
of an ICF/IID resident who has an interest or responsibility in 15766
the resident's welfare.15767

       (WW) "Title XIX" means Title XIX of the "Social Security 15768
Act," 42 U.S.C. 1396, et seq.15769

       (XX) "Title XVIII" means Title XVIII of the "Social Security 15770
Act," 42 U.S.C. 1395, et seq.15771

       (YY) "Voluntary termination" means an operator's voluntary 15772
election to terminate the participation of an ICF/IID in the 15773
medicaid program but to continue to provide service of the type 15774
provided by a residential facility as defined in section 5123.19 15775
of the Revised Code.15776

       Sec. 5124.106. (A) If an ICF/IID provider required by 15777
section 5124.10 of the Revised Code to file a cost report for the 15778
ICF/IID fails to file the cost report by the date it is due or the 15779
date, if any, to which the due date is extended pursuant to 15780
division (E) of that section, or files an incomplete or inadequate 15781
report for the ICF/IID under that section, the department of 15782
developmental disabilities shall provide immediatedo both of the 15783
following:15784

       (1) Give written notice to the provider that the provider 15785
agreement for the ICF/IID will be terminated in thirty days unless 15786
the provider submits a complete and adequate cost report for the 15787
ICF/IID within thirty days. During the thirty-day termination 15788
period or any additional time allowed for an appeal of the 15789
proposed termination of a provider agreement, the provider shall 15790
be paid the ICF/IID's then current per medicaid day payment rate, 15791
minus the dollar amount by which ICFs/IID's per medicaid day 15792
payment rates are reduced during fiscal year 2013 in accordance 15793
with division (A)(2) of section 5111.26 of the Revised Code 15794
(renumbered as section 5165.10 of the Revised Code by H.B. 59 of 15795
the 130th general assembly) as that section existed on the day 15796
immediately preceding the effective date of this section. On the 15797
first day of each July, the department shall adjust the amount of 15798
the reduction in effect during the previous twelve months to 15799
reflect the rate of inflation during the preceding twelve months;15800

       (2) Reduce the per medicaid day payment rate for the 15801
provider's ICF/IID by the amount specified in division (B) of this 15802
section for the period of time specified in division (C) of this 15803
section.15804

       (B) For the purpose of division (A)(2) of this section, an 15805
ICF/IID's per medicaid day payment rate shall be reduced by the 15806
following amount:15807

       (1) In the case of a reduction made during the period 15808
beginning on the effective date of this amendment and ending on 15809
the first day of the first fiscal year beginning after the 15810
effective date of this amendment, two dollars;15811

       (2) In the case of a reduction made during the first fiscal 15812
year beginning after the effective date of this amendment and each 15813
fiscal year thereafter, the amount of the reduction in effect on 15814
the last day of the fiscal year immediately preceding the fiscal 15815
year in which the reduction is made adjusted by the rate of 15816
inflation during that immediately preceding fiscal year, as shown 15817
in the consumer price index for all items for all urban consumers 15818
for the midwest region, published by the United States bureau of 15819
labor statistics.15820

       (C) The period of time that an ICF/IID's per medicaid day 15821
payment rate is reduced under this section shall begin and end as 15822
follows:15823

       (1) The period shall begin on the following date:15824

       (a) The day immediately following the date the cost report is 15825
due or to which the due date is extended, as applicable, if the 15826
reduction is made because the provider fails to file a cost report 15827
by that date;15828

       (b) The day the department gives the provider written notice 15829
under division (A)(1) of this section of the proposed provider 15830
agreement termination, if the reduction is made because the 15831
provider files an incomplete or inadequate cost report.15832

       (2) The period shall end on the last day of the thirty-day 15833
period specified in the notice given under division (A)(1) of this 15834
section or any additional period allowed for an appeal of the 15835
proposed provider agreement termination.15836

       Sec. 5124.21.  (A) For each fiscal year, the department of 15837
developmental disabilities shall determine each ICF/IID's per 15838
medicaid day payment rate for indirect care costs. Except as 15839
otherwise provided in this chapter, an ICF/IID's rate shall be 15840
determined prospectively. Subject to section 5124.28 of the 15841
Revised Code, an ICF/IID's rate shall be the lesser of the 15842
individual rate determined under division (B) of this section and 15843
the maximum rate determined for the ICF/IID's peer group under 15844
division (C) of this section.15845

       (B) An ICF/IID's individual rate is the sum of the following:15846

       (1) The ICF/IID's desk-reviewed, actual, allowable, per diem 15847
indirect care costs from the calendar year immediately preceding 15848
the fiscal year in which the rate will be paid, adjusted for the 15849
inflation rate estimated under division (D)(E)(1) of this section;15850

       (2) If the ICF/IID has more than eight bedsSubject to 15851
division (D) of this section, an efficiency incentive in the 15852
following amount:15853

       (a) For fiscal year 2014, seven and one-tenth per cent of the 15854
maximum rate established for the ICF/IID's peer group under 15855
division (C) of this section;15856

        (b) For fiscal year 2015, the following amount:15857

       (i) The amount calculated for fiscal year 2014 under division 15858
(B)(2)(a) of this section if the provider of the ICF/IID obtains 15859
the department's approval to become a downsized ICF/IID and the 15860
approval is conditioned on the downsizing being completed not 15861
later than July 1, 2018;15862

       (ii) One-half of the amount calculated for fiscal year 2014 15863
under division (B)(2)(a) of this section if division (B)(2)(b)(i) 15864
of this section does not apply to the ICF/IIDequal to the 15865
difference between the amount of the per diem indirect care costs 15866
determined for the ICF/IID under division (B)(1) of this section 15867
for the fiscal year in which the rate will be paid and the maximum 15868
rate established for the ICF/IID's peer group under division (C) 15869
of this section for that fiscal year.15870

       (c) For fiscal year 2016 and each fiscal year thereafter 15871
ending in an even-numbered calendar year, the following 15872
percentages of the maximum rate established for the ICF/IID's peer 15873
group under division (C) of this section:15874

       (i) Seven and one-tenth per cent if the provider of the 15875
ICF/IID obtains the department's approval to become a downsized 15876
ICF/IID and the approval is conditioned on the downsizing being 15877
completed not later than July 1, 2018;15878

       (ii) Three and fifty-five hundredths per cent if division 15879
(B)(2)(c)(i) of this section does not apply to the ICF/IID.15880

        (d) For fiscal year 2017 and each fiscal year thereafter 15881
ending in an odd-numbered calendar year, the amount calculated for 15882
the immediately preceding fiscal year under division (B)(2)(c) of 15883
this section.15884

        (3) If the ICF/IID has eight or fewer beds, an efficiency 15885
incentive in the following amount:15886

       (a) For each fiscal year ending in an even-numbered calendar 15887
year, seven per cent of the maximum rate established for the 15888
ICF/IID's peer group under division (C) of this section;15889

       (b) For each fiscal year ending in an odd-numbered calendar 15890
year, the amount calculated for the immediately preceding fiscal 15891
year under division (B)(3)(a) of this section.15892

       (C)(1) The maximum rate for indirect care costs for each peer 15893
group of ICFs/IID with more than eight beds shall be determined as 15894
follows:15895

       (a) For each fiscal year ending in an even-numbered calendar 15896
year, the maximum rate for each such peer group shall be the rate 15897
that is no less than twelve and four-tenths per cent above the 15898
median desk-reviewed, actual, allowable, per diem indirect care 15899
cost for all ICFs/IID in the peer group (excluding ICFs/IID in the 15900
peer group whose indirect care costs for that period are more than 15901
three standard deviations from the mean desk-reviewed, actual, 15902
allowable, per diem indirect care cost for all ICFs/IID with more 15903
than eight beds) for the calendar year immediately preceding the 15904
fiscal year in which the rate will be paid, adjusted by the 15905
inflation rate estimated under division (D)(E)(1) of this section.15906

       (b) For each fiscal year ending in an odd-numbered calendar 15907
year, the maximum rate for each such peer group is the peer 15908
group's maximum rate for the previous fiscal year, adjusted for 15909
the inflation rate estimated under division (D)(E)(2) of this 15910
section.15911

       (2) The maximum rate for indirect care costs for each peer 15912
group of ICFs/IID with eight or fewer beds shall be determined as 15913
follows:15914

       (a) For each fiscal year ending in an even-numbered calendar 15915
year, the maximum rate for each such peer group shall be the rate 15916
that is no less than ten and three-tenths per cent above the 15917
median desk-reviewed, actual, allowable, per diem indirect care 15918
cost for all ICFs/IID in the peer group (excluding ICFs/IID in the 15919
peer group whose indirect care costs are more than three standard 15920
deviations from the mean desk-reviewed, actual, allowable, per 15921
diem indirect care cost for all ICFs/IID with eight or fewer beds) 15922
for the calendar year immediately preceding the fiscal year in 15923
which the rate will be paid, adjusted by the inflation rate 15924
estimated under division (D)(E)(1) of this section.15925

       (b) For each fiscal year ending in an odd-numbered calendar 15926
year, the maximum rate for each such peer group is the peer 15927
group's maximum rate for the previous fiscal year, adjusted for 15928
the inflation rate estimated under division (D)(E)(2) of this 15929
section.15930

       (3) The department shall not redetermine a maximum rate for 15931
indirect care costs under division (C)(1) or (2) of this section 15932
based on additional information that it receives after the maximum 15933
rate is set. The department shall redetermine the maximum rate for 15934
indirect care costs only if it made an error in computing the 15935
maximum rate based on the information available to the department 15936
at the time of the original calculation.15937

       (D)(1) The efficiency incentive for an ICF/IID with more than 15938
eight beds shall not exceed the following:15939

       (a) For fiscal year 2014, seven and one-tenth per cent of the 15940
maximum rate established for the ICF/IID's peer group under 15941
division (C) of this section;15942

        (b) For fiscal year 2015, the following amount:15943

        (i) The amount calculated for fiscal year 2014 under division 15944
(D)(1)(a) of this section if the provider of the ICF/IID obtains 15945
the department's approval to become a downsized ICF/IID and the 15946
approval is conditioned on the downsizing being completed not 15947
later than July 1, 2018;15948

        (ii) One-half of the amount calculated for fiscal year 2014 15949
under division (D)(1)(a) of this section if division (D)(1)(b)(i) 15950
of this section does not apply to the ICF/IID.15951

       (c) For fiscal year 2016 and each fiscal year thereafter 15952
ending in an even-numbered calendar year, the following 15953
percentages of the maximum rate established for the ICF/IID's peer 15954
group under division (C) of this section:15955

       (i) Seven and one-tenth per cent if the provider of the 15956
ICF/IID obtains the department's approval to become a downsized 15957
ICF/IID and the approval is conditioned on the downsizing being 15958
completed not later than July 1, 2018;15959

        (ii) Three and fifty-five hundredths per cent if division 15960
(D)(1)(c)(i) of this section does not apply to the ICF/IID.15961

        (d) For fiscal year 2017 and each fiscal year thereafter 15962
ending in an odd-numbered calendar year, the amount calculated for 15963
the immediately preceding fiscal year under division (D)(1)(c) of 15964
this section.15965

        (2) The efficiency incentive for an ICF/IID with eight or 15966
fewer beds shall not exceed the following:15967

        (a) For each fiscal year ending in an even-numbered calendar 15968
year, seven per cent of the maximum rate established for the 15969
ICF/IID's peer group under division (C) of this section;15970

        (b) For each fiscal year ending in an odd-numbered calendar 15971
year, the amount calculated for the immediately preceding fiscal 15972
year under division (D)(2)(a) of this section.15973

        (E)(1) When adjusting rates for inflation under divisions 15974
(B)(1), (C)(1)(a), and (C)(2)(a) of this section, the department 15975
shall estimate the rate of inflation for the eighteen-month period 15976
beginning on the first day of July of the calendar year 15977
immediately preceding the fiscal year in which the rate will be 15978
paid and ending on the thirty-first day of December of the fiscal 15979
year in which the rate will be paid. To estimate the rate of 15980
inflation, the department shall use the following:15981

       (a) Subject to division (D)(E)(1)(b) of this section, the 15982
consumer price index for all items for all urban consumers for the 15983
midwest region, published by the United States bureau of labor 15984
statistics;15985

       (b) If the United States bureau of labor statistics ceases to 15986
publish the index specified in division (D)(E)(1)(a) of this 15987
section, a comparable index that the bureau publishes and the 15988
department determines is appropriate.15989

       (2) When adjusting rates for inflation under divisions 15990
(C)(1)(b) and (C)(2)(b) of this section, the department shall 15991
estimate the rate of inflation for the twelve-month period 15992
beginning on the first day of January of the fiscal year 15993
immediately preceding the fiscal year in which the rate will be 15994
paid and ending on the thirty-first day of December of the fiscal 15995
year in which the rate will be paid. To estimate the rate of 15996
inflation, the department shall use the following:15997

       (a) Subject to division (D)(E)(2)(b) of this section, the 15998
consumer price index for all items for all urban consumers for the 15999
midwest region, published by the United States bureau of labor 16000
statistics;16001

       (b) If the United States bureau of labor statistics ceases to 16002
publish the index specified in division (D)(E)(2)(a) of this 16003
section, a comparable index that the bureau publishes and the 16004
department determines is appropriate.16005

       (3) If an inflation rate estimated under division (D)(E)(1) 16006
or (2) of this section is different from the actual inflation rate 16007
for the relevant time period, as measured using the same index, 16008
the difference shall be added to or subtracted from the inflation 16009
rate estimated pursuant to this division for the following fiscal 16010
year.16011

       (E)(F) The director of developmental disabilities shall adopt 16012
rules under section 5124.03 of the Revised Code that specify peer 16013
groups of ICFs/IID with more than eight beds and peer groups of 16014
ICFs/IID with eight or fewer beds, based on findings of 16015
significant per diem indirect care cost differences due to 16016
geography and bed-size. The rules also may specify peer groups 16017
based on findings of significant per diem indirect care cost 16018
differences due to other factors, including case-mix.16019

       Sec. 5124.60.  (A) For the purpose of increasing the number 16020
of slots available for home and community-based services and 16021
subject to sections 5124.63 and 5124.64 of the Revised Code, the 16022
operator of an ICF/IID may convert some or all of the beds in the 16023
ICF/IID from providing ICF/IID services to providing home and 16024
community-based services if all of the following requirements are 16025
met:16026

       (1) The operator provides the directors of health and 16027
developmental disabilities at least ninety days' notice of the 16028
operator's intent to make the conversion.16029

       (2) The operator complies with the requirements of sections 16030
5124.50 to 5124.53 of the Revised Code regarding a voluntary 16031
termination if those requirements are applicable.16032

       (3) If the operator intends to convert all of the ICF/IID's 16033
beds, the operator notifies each of the ICF/IID's residents that 16034
the ICF/IID is to cease providing ICF/IID services and inform each 16035
resident that the resident may do either of the following:16036

       (a) Continue to receive ICF/IID services by transferring to 16037
another ICF/IID that is willing and able to accept the resident if 16038
the resident continues to qualify for ICF/IID services;16039

       (b) Begin to receive home and community-based services 16040
instead of ICF/IID services from any provider of home and 16041
community-based services that is willing and able to provide the 16042
services to the resident if the resident is eligible for the 16043
services and a slot for the services is available to the resident.16044

       (4) If the operator intends to convert some but not all of 16045
the ICF/IID's beds, the operator notifies each of the ICF/IID's 16046
residents that the ICF/IID is to convert some of its beds from 16047
providing ICF/IID services to providing home and community-based 16048
services and inform each resident that the resident may do either 16049
of the following:16050

       (a) Continue to receive ICF/IID services from any ICF/IID 16051
that is willing and able to provide the services to the resident 16052
if the resident continues to qualify for ICF/IID services;16053

       (b) Begin to receive home and community-based services 16054
instead of ICF/IID services from any provider of home and 16055
community-based services that is willing and able to provide the 16056
services to the resident if the resident is eligible for the 16057
services and a slot for the services is available to the resident.16058

       (5) The operator meets the requirements for providing home 16059
and community-based services, including the following:16060

       (a) Such requirements applicable to a residential facility if 16061
the operator maintains the facility's license as a residential 16062
facility;16063

       (b) Such requirements applicable to a facility that is not 16064
licensed as a residential facility if the operator surrenders the 16065
facility's license as a residential facility under section 5123.19 16066
of the Revised Code.16067

       (6) The director of developmental disabilities approves the 16068
conversion.16069

       (B) A decision by the director of developmental disabilities 16070
to approve or refuse to approve a proposed conversion of beds is 16071
final. In making a decision, the director shall consider all of 16072
the following:16073

       (1) The fiscal impact on the ICF/IID if some but not all of 16074
the beds are converted;16075

       (2) The fiscal impact on the medicaid program;16076

       (3) The availability of home and community-based services.16077

       (C) The notice provided to the directors under division 16078
(A)(1) of this section shall specify whether some or all of the 16079
ICF/IID's beds are to be converted. If some but not all of the 16080
beds are to be converted, the notice shall specify how many of the 16081
ICF/IID's beds are to be converted and how many of the beds are to 16082
continue to provide ICF/IID services. The notice to the director 16083
of developmental disabilities shall specify whether the operator 16084
wishes to surrender the ICF/IID's license as a residential 16085
facility under section 5123.19 of the Revised Code.16086

       (D)(1) If the director of developmental disabilities approves 16087
a conversion under division (B) of this section, the director of 16088
health shall do the following:16089

       (a) Terminate the ICF/IID's medicaid certification if the 16090
notice specifies that all of the ICF/IID's beds are to be 16091
converted;16092

       (b) Reduce the ICF/IID's medicaid-certified capacity by the 16093
number of beds being converted if the notice specifies that some 16094
but not all of the beds are to be converted. 16095

       (2) The director of health shall notify the medicaid director 16096
of the termination or reduction. On receipt of the notice, the 16097
medicaid director shall do the following:16098

       (a) Terminate the operator's medicaid provider agreement that 16099
authorizes the operator to provide ICF/IID services at the ICF/IID 16100
if the ICF/IID's certification was terminated;16101

       (b) Amend the operator's medicaid provider agreement to 16102
reflect the ICF/IID's reduced medicaid-certified capacity if the 16103
ICF/IID's medicaid-certified capacity is reduced. 16104

       (3) In the case of action taken under division (D)(2)(a) of 16105
this section, the operator is not entitled to notice or a hearing 16106
under Chapter 119. of the Revised Code before the medicaid 16107
director terminates the medicaid provider agreement.16108

       Sec. 5124.61. (A) For the purpose of increasing the number of 16109
slots available for home and community-based services and subject 16110
to sections 5124.63 and 5124.64 of the Revised Code, a person who 16111
acquires, through a request for proposals issued by the director 16112
of developmental disabilities, an ICF/IID for which a residential 16113
facility license was previously surrendered or revoked may convert 16114
some or all of the ICF/IID's beds from providing ICF/IID services 16115
to providing home and community-based services if all of the 16116
following requirements are met:16117

       (1) The person provides the directors of health and 16118
developmental disabilities and medicaid director at least ninety 16119
days' notice of the person's intent to make the conversion.16120

       (2) The person complies with the requirements of sections 16121
5124.50 to 5124.53 of the Revised Code regarding a voluntary 16122
termination if those requirements are applicable.16123

       (3) If the person intends to convert all of the ICF/IID's 16124
beds, the person notifies each of the ICF/IID's residents that the 16125
ICF/IID is to cease providing ICF/IID services and informs each 16126
resident that the resident may do either of the following:16127

       (a) Continue to receive ICF/IID services by transferring to 16128
another ICF/IID willing and able to accept the resident if the 16129
resident continues to qualify for ICF/IID services;16130

       (b) Begin to receive home and community-based services 16131
instead of ICF/IID services from any provider of home and 16132
community-based services that is willing and able to provide the 16133
services to the resident if the resident is eligible for the 16134
services and a slot for the services is available to the resident.16135

       (4) If the person intends to convert some but not all of the 16136
ICF/IID's beds, the person notifies each of the ICF/IID's 16137
residents that the ICF/IID is to convert some of its beds from 16138
providing ICF/IID services to providing home and community-based 16139
services and inform each resident that the resident may do either 16140
of the following:16141

       (a) Continue to receive ICF/IID services from any that is 16142
willing and able to provide the services to the resident if the 16143
resident continues to qualify for ICF/IID services;16144

       (b) Begin to receive home and community-based services 16145
instead of ICF/IID services from any provider of home and 16146
community-based services that is willing and able to provide the 16147
services to the resident if the resident is eligible for the 16148
services and a slot for the services is available to the resident.16149

       (5) The person meets the requirements for providing home and 16150
community-based services at a residential facility.16151

       (B) The notice provided to the directors under division 16152
(A)(1) of this section shall specify whether some or all of the 16153
ICF/IID's beds are to be converted. If some but not all of the 16154
beds are to be converted, the notice shall specify how many of the 16155
ICF/IID's beds are to be converted and how many of the beds are to 16156
continue to provide ICF/IID services.16157

       (C) On receipt of a notice under division (A)(1) of this 16158
section, the director of health shall do the following:16159

       (1) Terminate the ICF/IID's medicaid certification if the 16160
notice specifies that all of the facility's beds are to be 16161
converted;16162

       (2) Reduce the ICF/IID's medicaid-certified capacity by the 16163
number of beds being converted if the notice specifies that some 16164
but not all of the beds are to be converted.16165

       (D) The director of health shall notify the medicaid director 16166
of the termination or reduction under division (C) of this 16167
section. On receipt of the director of health's notice, the 16168
medicaid director shall do the following:16169

       (1) Terminate the person's medicaid provider agreement that 16170
authorizes the person to provide ICF/IID services at the ICF/IID 16171
if the ICF/IID's medicaid certification was terminated;16172

       (2) Amend the person's medicaid provider agreement to reflect 16173
the ICF/IID's reduced medicaid-certified capacity if the ICF/IID's 16174
medicaid-certified capacity is reduced.16175

       The person is not entitled to notice or a hearing under 16176
Chapter 119. of the Revised Code before the medicaid director 16177
terminates or amends the medicaid provider agreement.16178

       Sec. 5124.62. Subject to section 5124.63 of the Revised 16179
Code, theThe director of developmental disabilities may request 16180
that the medicaid director seek the approval of the United States 16181
secretary of health and human services to increase the number of 16182
slots available for home and community-based services by a number 16183
not exceeding the number of beds that were part of the licensed 16184
capacity of a residential facility that had its license revoked or 16185
surrendered under section 5123.19 of the Revised Code if the 16186
residential facility was an ICF/IID at the time of the license 16187
revocation or surrender. The revocation or surrender may have 16188
occurred before, or may occur on or after, June 24, 2008. The 16189
request may include beds the director of developmental 16190
disabilities removed from such a residential facility's licensed 16191
capacity before transferring ownership or operation of the 16192
residential facility pursuant to a request for proposals.16193

       Sec. 5124.67.  (A)(1) The department of developmental 16194
disabilities shall strive to achieve, not later than July 1, 2018, 16195
the following statewide reductions in ICF/IID beds:16196

       (1)(a) At least five hundred and not more than six hundred16197
beds in ICFs/IID that, before becoming downsized ICFs/IID, have 16198
sixteen or more beds;16199

       (2)(b) At least five hundred and not more than six hundred16200
beds in ICFs/IID with any number of beds that convert some or all 16201
of their beds from providing ICF/IID services to providing home 16202
and community-based services pursuant to section 5124.60 or 16203
5124.61 of the Revised Code.16204

       (2) The department shall strive to achieve a reduction of at 16205
least one thousand two hundred ICF/IID beds through a combination 16206
of the methods specified in divisions (A)(1)(a) and (b) of this 16207
section.16208

       (B) In its efforts to achieve the reductions under division 16209
(A) of this section, the department shall collaborate with the 16210
Ohio association of county boards serving people with 16211
developmental disabilities, the Ohio provider resource 16212
association, the Ohio centers for intellectual disabilities formed 16213
by the Ohio health care association, and the values and faith 16214
alliance. The collaboration efforts may include the following:16215

       (1) Identifying ICFs/IID that may reduce the number of their 16216
beds to help achieve the reductions under division (A) of this 16217
section;16218

       (2) Encouraging ICF/IID providers to reduce the number of 16219
their ICFs/IID's beds;16220

       (3) Establishing interim time frames for making progress in 16221
achieving the reductions;16222

       (4) Creating incentives for, and removing impediments to, the 16223
reductions;16224

       (5) In the case of ICF/IID beds that are converted to 16225
providing home and community-based services, developing a 16226
mechanism to compensate providers for beds that permanently cease 16227
to provide ICF/IID services.16228

       (C) The department shall meet not less than twice each year 16229
with the organizations specified in division (B) of this section 16230
to do all of the following:16231

       (1) Review the progress being made in achieving the 16232
reductions under division (A) of this section;16233

       (2) Prepare written reports on the progress;16234

       (3) Identify additional measures needed to achieve the 16235
reductions.16236

       Sec. 5126.01.  As used in this chapter:16237

       (A) As used in this division, "adult" means an individual who 16238
is eighteen years of age or over and not enrolled in a program or 16239
service under Chapter 3323. of the Revised Code and an individual 16240
sixteen or seventeen years of age who is eligible for adult 16241
services under rules adopted by the director of developmental 16242
disabilities pursuant to Chapter 119. of the Revised Code.16243

       (1) "Adult services" means services provided to an adult 16244
outside the home, except when they are provided within the home 16245
according to an individual's assessed needs and identified in an 16246
individual service plan, that support learning and assistance in 16247
the area of self-care, sensory and motor development, 16248
socialization, daily living skills, communication, community 16249
living, social skills, or vocational skills.16250

       (2) "Adult services" includes all of the following:16251

       (a) Adult day habilitation services;16252

       (b) Adult day care;16253

       (c) PrevocationalEmployment services;16254

       (d) Sheltered employment;16255

       (e)(c) Educational experiences and training obtained through 16256
entities and activities that are not expressly intended for 16257
individuals with mental retardation and developmental 16258
disabilities, including trade schools, vocational or technical 16259
schools, adult education, job exploration and sampling, unpaid 16260
work experience in the community, volunteer activities, and 16261
spectator sports;16262

       (f) Community employment services and supported employment 16263
services.16264

       (B)(1) "Adult day habilitation services" means adult services 16265
that do the following:16266

       (a) Provide access to and participation in typical activities 16267
and functions of community life that are desired and chosen by the 16268
general population, including such activities and functions as 16269
opportunities to experience and participate in community 16270
exploration, companionship with friends and peers, leisure 16271
activities, hobbies, maintaining family contacts, community 16272
events, and activities where individuals without disabilities are 16273
involved;16274

       (b) Provide supports or a combination of training and 16275
supports that afford an individual a wide variety of opportunities 16276
to facilitate and build relationships and social supports in the 16277
community.16278

       (2) "Adult day habilitation services" includes all of the 16279
following:16280

       (a) Personal care services needed to ensure an individual's 16281
ability to experience and participate in vocational services, 16282
educational services, community activities, and any other adult 16283
day habilitation services;16284

       (b) Skilled services provided while receiving adult day 16285
habilitation services, including such skilled services as behavior 16286
management intervention, occupational therapy, speech and language 16287
therapy, physical therapy, and nursing services;16288

       (c) Training and education in self-determination designed to 16289
help the individual do one or more of the following: develop 16290
self-advocacy skills, exercise the individual's civil rights, 16291
acquire skills that enable the individual to exercise control and 16292
responsibility over the services received, and acquire skills that 16293
enable the individual to become more independent, integrated, or 16294
productive in the community;16295

       (d) Recreational and leisure activities identified in the 16296
individual's service plan as therapeutic in nature or assistive in 16297
developing or maintaining social supports;16298

       (e)(d) Counseling and assistance provided to obtain housing, 16299
including such counseling as identifying options for either rental 16300
or purchase, identifying financial resources, assessing needs for 16301
environmental modifications, locating housing, and planning for 16302
ongoing management and maintenance of the housing selected;16303

       (f)(e) Transportation necessary to access adult day 16304
habilitation services;16305

       (g)(f) Habilitation management, as described in section 16306
5126.14 of the Revised Code.16307

       (3) "Adult day habilitation services" does not include 16308
activities that are components of the provision of residential 16309
services, family support services, or supported living services.16310

       (C) "Appointing authority" means the following:16311

       (1) In the case of a member of a county board of 16312
developmental disabilities appointed by, or to be appointed by, a 16313
board of county commissioners, the board of county commissioners;16314

       (2) In the case of a member of a county board appointed by, 16315
or to be appointed by, a senior probate judge, the senior probate 16316
judge.16317

       (D) "Community employment," "competitive employment," and 16318
"integrated setting" have the same meanings as in section 5123.022 16319
of the Revised Code.16320

       (E) "Supported employment services" means vocational 16321
assessment, job training and coaching, job development and 16322
placement, worksite accessibility, and other services related to 16323
employment outside a sheltered workshop. "Supported employment 16324
services" includes both of the following:16325

       (1) Job training resulting in the attainment of community 16326
employment, supported work in a typical work environment, or 16327
self-employment;16328

       (2) Support for ongoing community employment, supported work 16329
at community-based sites, or self-employment.16330

       (F) As used in this division, "substantial functional 16331
limitation," "developmental delay," and "established risk" have16332
has the meaningsmeaning established pursuant to section 5123.011 16333
of the Revised Code.16334

       "Developmental disability" means a severe, chronic disability 16335
that is characterized by all of the following:16336

       (1) It is attributable to a mental or physical impairment or 16337
a combination of mental and physical impairments, other than a 16338
mental or physical impairment solely caused by mental illness as 16339
defined in division (A) of section 5122.01 of the Revised Code;16340

       (2) It is manifested before age twenty-two;16341

       (3) It is likely to continue indefinitely;16342

       (4) It results in one of the following:16343

       (a) In the case of a person under age three, at least one 16344
developmental delay or an established riska diagnosed physical or 16345
mental condition that has a high probability of resulting in a 16346
developmental delay;16347

       (b) In the case of a person at least age three but under age 16348
six, at least two developmental delays or an established risk;16349

       (c) In the case of a person age six or older, a substantial 16350
functional limitation in at least three of the following areas of 16351
major life activity, as appropriate for the person's age: 16352
self-care, receptive and expressive language, learning, mobility, 16353
self-direction, capacity for independent living, and, if the 16354
person is at least age sixteen, capacity for economic 16355
self-sufficiency.16356

       (5) It causes the person to need a combination and sequence 16357
of special, interdisciplinary, or other type of care, treatment, 16358
or provision of services for an extended period of time that is 16359
individually planned and coordinated for the person.16360

       (G) "Early childhood services" means a planned program of 16361
habilitation designed to meet the needs of individuals with mental 16362
retardation or other developmental disabilities who have not 16363
attained compulsory school age.16364

       (H) "Employment services" means prevocational services or 16365
supported employment services.16366

       (I)(1) "Environmental modifications" means the physical 16367
adaptations to an individual's home, specified in the individual's 16368
service plan, that are necessary to ensure the individual's 16369
health, safety, and welfare or that enable the individual to 16370
function with greater independence in the home, and without which 16371
the individual would require institutionalization.16372

       (2) "Environmental modifications" includes such adaptations 16373
as installation of ramps and grab-bars, widening of doorways, 16374
modification of bathroom facilities, and installation of 16375
specialized electric and plumbing systems necessary to accommodate 16376
the individual's medical equipment and supplies.16377

       (3) "Environmental modifications" does not include physical 16378
adaptations or improvements to the home that are of general 16379
utility or not of direct medical or remedial benefit to the 16380
individual, including such adaptations or improvements as 16381
carpeting, roof repair, and central air conditioning.16382

       (J) "Family support services" means the services provided 16383
under a family support services program operated under section 16384
5126.11 of the Revised Code.16385

       (K) "Habilitation" means the process by which the staff of 16386
the facility or agency assists an individual with mental 16387
retardation or other developmental disability in acquiring and 16388
maintaining those life skills that enable the individual to cope 16389
more effectively with the demands of the individual's own person 16390
and environment, and in raising the level of the individual's 16391
personal, physical, mental, social, and vocational efficiency. 16392
Habilitation includes, but is not limited to, programs of formal, 16393
structured education and training.16394

       (L) "Home and community-based services" has the same meaning 16395
as in section 5123.01 of the Revised Code. 16396

       (M) "ICF/IID" has the same meaning as in section 5124.01 of 16397
the Revised Code.16398

       (N) "Immediate family" means parents, grandparents, brothers, 16399
sisters, spouses, sons, daughters, aunts, uncles, mothers-in-law, 16400
fathers-in-law, brothers-in-law, sisters-in-law, sons-in-law, and 16401
daughters-in-law.16402

       (O) "Medicaid case management services" means case management 16403
services provided to an individual with mental retardation or 16404
other developmental disability that the state medicaid plan 16405
requires.16406

       (P) "Mental retardation" means a mental impairment manifested 16407
during the developmental period characterized by significantly 16408
subaverage general intellectual functioning existing concurrently 16409
with deficiencies in the effectiveness or degree with which an 16410
individual meets the standards of personal independence and social 16411
responsibility expected of the individual's age and cultural 16412
group.16413

       (Q) "Prevocational services" means services, including 16414
services as a volunteer, that provide learning and work 16415
experiences, including volunteer work experiences, from which an 16416
individual can develop general strengths and skills that are not 16417
specific to a particular task or job but contribute to 16418
employability in community employment, supported work at 16419
community-based sites, or self-employment.16420

       (R) "Residential services" means services to individuals with 16421
mental retardation or other developmental disabilities to provide 16422
housing, food, clothing, habilitation, staff support, and related 16423
support services necessary for the health, safety, and welfare of 16424
the individuals and the advancement of their quality of life. 16425
"Residential services" includes program management, as described 16426
in section 5126.14 of the Revised Code.16427

       (S) "Resources" means available capital and other assets, 16428
including moneys received from the federal, state, and local 16429
governments, private grants, and donations; appropriately 16430
qualified personnel; and appropriate capital facilities and 16431
equipment.16432

       (T) "Senior probate judge" means the current probate judge of 16433
a county who has served as probate judge of that county longer 16434
than any of the other current probate judges of that county. If a 16435
county has only one probate judge, "senior probate judge" means 16436
that probate judge.16437

       (U) "Service and support administration" means the duties 16438
performed by a service and support administrator pursuant to 16439
section 5126.15 of the Revised Code.16440

       (V)(1) "Specialized medical, adaptive, and assistive 16441
equipment, supplies, and supports" means equipment, supplies, and 16442
supports that enable an individual to increase the ability to 16443
perform activities of daily living or to perceive, control, or 16444
communicate within the environment.16445

       (2) "Specialized medical, adaptive, and assistive equipment, 16446
supplies, and supports" includes the following:16447

       (a) Eating utensils, adaptive feeding dishes, plate guards, 16448
mylatex straps, hand splints, reaches, feeder seats, adjustable 16449
pointer sticks, interpreter services, telecommunication devices 16450
for the deaf, computerized communications boards, other 16451
communication devices, support animals, veterinary care for 16452
support animals, adaptive beds, supine boards, prone boards, 16453
wedges, sand bags, sidelayers, bolsters, adaptive electrical 16454
switches, hand-held shower heads, air conditioners, humidifiers, 16455
emergency response systems, folding shopping carts, vehicle lifts, 16456
vehicle hand controls, other adaptations of vehicles for 16457
accessibility, and repair of the equipment received.16458

       (b) Nondisposable items not covered by medicaid that are 16459
intended to assist an individual in activities of daily living or 16460
instrumental activities of daily living.16461

       (W) "Supportive home services" means a range of services to 16462
families of individuals with mental retardation or other 16463
developmental disabilities to develop and maintain increased 16464
acceptance and understanding of such persons, increased ability of 16465
family members to teach the person, better coordination between 16466
school and home, skills in performing specific therapeutic and 16467
management techniques, and ability to cope with specific 16468
situations.16469

       (X)(1) "Supported living" means services provided for as long 16470
as twenty-four hours a day to an individual with mental 16471
retardation or other developmental disability through any public 16472
or private resources, including moneys from the individual, that 16473
enhance the individual's reputation in community life and advance 16474
the individual's quality of life by doing the following:16475

       (a) Providing the support necessary to enable an individual 16476
to live in a residence of the individual's choice, with any number 16477
of individuals who are not disabled, or with not more than three 16478
individuals with mental retardation and developmental disabilities 16479
unless the individuals are related by blood or marriage;16480

       (b) Encouraging the individual's participation in the 16481
community;16482

       (c) Promoting the individual's rights and autonomy;16483

       (d) Assisting the individual in acquiring, retaining, and 16484
improving the skills and competence necessary to live successfully 16485
in the individual's residence.16486

       (2) "Supported living" includes the provision of all of the 16487
following:16488

       (a) Housing, food, clothing, habilitation, staff support, 16489
professional services, and any related support services necessary 16490
to ensure the health, safety, and welfare of the individual 16491
receiving the services;16492

       (b) A combination of lifelong or extended-duration 16493
supervision, training, and other services essential to daily 16494
living, including assessment and evaluation and assistance with 16495
the cost of training materials, transportation, fees, and 16496
supplies;16497

       (c) Personal care services and homemaker services;16498

       (d) Household maintenance that does not include modifications 16499
to the physical structure of the residence;16500

       (e) Respite care services;16501

       (f) Program management, as described in section 5126.14 of 16502
the Revised Code.16503

       Sec. 5126.0219.  (A) Each county board of developmental 16504
disabilities shall either employ a superintendent or obtain the 16505
services of the superintendent of another county board of 16506
developmental disabilities. The board shall provide for a 16507
superintendent who is qualified, as specified in rules adopted by 16508
the department of developmental disabilities in accordance with 16509
Chapter 119. of the Revised Code. The superintendent shall have no 16510
voting privileges on the board.16511

       If the superintendent position becomes vacant, the county 16512
board first shall consider entering into an agreement with another 16513
county board for the sharing of a superintendent under division 16514
(B) of this section. If the county board determines there are no 16515
significant efficiencies or it is impractical to share a 16516
superintendent, the county board may employ a superintendent in 16517
accordance with this section to fill the vacancy. 16518

       The board shall prescribe the duties of its superintendent 16519
and review the superintendent's performance. The superintendent 16520
may be removed, suspended, or demoted for cause pursuant to 16521
section 5126.23 of the Revised Code. The board shall fix the 16522
superintendent's compensation and reimburse the superintendent for 16523
actual and necessary expenses.16524

       Each county board that employs its own superintendent shall 16525
employ the superintendent under a contract. To enter into a 16526
contract, the board shall adopt a resolution agreeing to the 16527
contract. Each contract for employment or re-employment of a 16528
superintendent shall be for a term of not less than one and not 16529
more than five years. At the expiration of a superintendent's 16530
current term of employment, the superintendent may be re-employed. 16531
If the board intends not to re-employ the superintendent, the 16532
board shall give the superintendent written notification of its 16533
intention. The notice shall be given not less than ninety days 16534
prior to the expiration of the superintendent's contract.16535

       (B) Two or more county boards may enter into an arrangement 16536
under which the superintendent of one county board acts as the 16537
superintendent of another county board. To enter into such an 16538
arrangement, each board shall adopt a resolution agreeing to the 16539
arrangement. The resolutions shall specify the duration of the 16540
arrangement and the contribution each board is to make to the 16541
superintendent's compensation and reimbursement for expenses.16542

       (C) If a vacancy occurs in the position of superintendent, a 16543
county board may appoint a person who holds a valid 16544
superintendent's certificate issued under the rules of the 16545
department to work under a contract for an interim period not to 16546
exceed one hundred eighty days until a permanent superintendent 16547
can be employed or arranged for under division (A) or (B) of this 16548
section. The director of the department may approve additional 16549
periods of time for these types of interim appointments when so 16550
requested by a resolution adopted by a county board, if the 16551
director determines that the additional periods are warranted and 16552
the services of a permanent superintendent are not available.16553

       Sec. 5126.041.  (A) As used in this section:16554

       (1) "Biological risk" and "environmental risk" have the 16555
meanings established pursuant to section 5123.011 of the Revised 16556
Code.16557

       (2) "Preschool child with a disability" has the same meaning 16558
as in section 3323.01 of the Revised Code.16559

       (3)(2) "State institution" means all or part of an 16560
institution under the control of the department of developmental 16561
disabilities pursuant to section 5123.03 of the Revised Code and 16562
maintained for the care, treatment, and training of the mentally 16563
retarded.16564

       (B) Except as provided in division (C) of this section, each 16565
county board of developmental disabilities shall make eligibility 16566
determinations in accordance with the definition of "developmental 16567
disability" in section 5126.01 of the Revised Code. Pursuant to 16568
rules the department of developmental disabilities shall adopt in 16569
accordance with Chapter 119.adopted under section 5123.012 of the 16570
Revised Code, a county board may establish eligibility for 16571
programs and services for either of the following:16572

       (1) Individuals under age six who have a biological risk or 16573
environmental risk of a developmental delay;16574

       (2) Anyany preschool child with a disability eligible for 16575
services under section 3323.02 of the Revised Code whose 16576
disability is not attributable solely to mental illness as defined 16577
in section 5122.01 of the Revised Code.16578

       (C)(1) A county board shall make determinations of 16579
eligibility for service and support administration in accordance 16580
with rules adopted under section 5126.08 of the Revised Code.16581

       (2) All persons who were eligible for services and enrolled 16582
in programs offered by a county board of developmental 16583
disabilities pursuant to this chapter on July 1, 1991, shall 16584
continue to be eligible for those services and to be enrolled in 16585
those programs as long as they are in need of services.16586

       (3) A person who resided in a state institution on or before 16587
October 29, 1993, is eligible for programs and services offered by 16588
a county board of developmental disabilities, unless the person is 16589
determined by the county board not to be in need of those programs 16590
and services.16591

       (D) A county board shall refer a person who requests but is 16592
not eligible for programs and services offered by the board to 16593
other entities of state and local government or appropriate 16594
private entities that provide services.16595

       (E) Membership of a person on, or employment of a person by, 16596
a county board of developmental disabilities does not affect the 16597
eligibility of any member of that person's family for services 16598
provided by the board or by any entity under contract with the 16599
board.16600

       Sec. 5126.046. (A) Except as otherwise provided by 42 C.F.R. 16601
431.51, an individual with mental retardation or other 16602
developmental disability who is eligible for home and 16603
community-based services has the right to obtain the services from 16604
any provider of the services that is qualified to furnish the 16605
services and is willing to furnish the services to the individual. 16606
A county board of developmental disabilities that has medicaid 16607
local administrative authority under division (A) of section 16608
5126.055 of the Revised Code for home and community-based services 16609
and refuses to permit an individual to obtain home and 16610
community-based services from a qualified and willing provider 16611
shall provide the individual timely notice that the individual may 16612
request a hearingappeal under section 5101.355160.31 of the 16613
Revised Code.16614

       (B) An individual with mental retardation or other 16615
developmental disability who is eligible for nonmedicaid 16616
residential services or nonmedicaid supported living has the right 16617
to obtain the services from any provider of the residential 16618
services or supported living that is qualified to furnish the 16619
residential services or supported living and is willing to furnish 16620
the residential services or supported living to the individual.16621

       (C) The department of developmental disabilities shall make 16622
available to the public on its internet web site an up-to-date 16623
list of all providers of home and community-based services, 16624
nonmedicaid residential services, and nonmedicaid supported 16625
living. County boards shall assist individuals with mental 16626
retardation or other developmental disabilities and the families 16627
of such individuals access the list on the department's internet 16628
web site.16629

       (D) The director of developmental disabilities shall adopt 16630
rules in accordance with Chapter 119. of the Revised Code 16631
governing the implementation of this section. The rules shall 16632
include procedures for individuals to choose their providers. The 16633
rules shall not be limited by a provider selection system 16634
established under section 5126.42 of the Revised Code, including 16635
any pool of providers created pursuant to a provider selection 16636
system. 16637

       Sec. 5126.051.  (A) To the extent that resources are 16638
available, a county board of developmental disabilities shall 16639
provide for or arrange residential services and supported living 16640
for individuals with mental retardation and developmental 16641
disabilities.16642

       A county board may acquire, convey, lease, or sell property 16643
for residential services and supported living and enter into loan 16644
agreements, including mortgages, for the acquisition of such 16645
property. A county board is not required to comply with provisions 16646
of Chapter 307. of the Revised Code providing for competitive 16647
bidding or sheriff sales in the acquisition, lease, conveyance, or 16648
sale of property under this division, but the acquisition, lease, 16649
conveyance, or sale must be at fair market value determined by 16650
appraisal of one or more disinterested persons appointed by the 16651
board.16652

       Any action taken by a county board under this division that 16653
will incur debt on the part of the county shall be taken in 16654
accordance with Chapter 133. of the Revised Code. A county board 16655
shall not incur any debt on the part of the county without the 16656
prior approval of the board of county commissioners.16657

       (B)(1) To the extent that resources are available, a county 16658
board shall provide or arrange for the provision of adult services 16659
to individuals who are age eighteen and older and not enrolled in 16660
a program or service under Chapter 3323. of the Revised Code or 16661
age sixteen or seventeen and eligible for adult services under 16662
rules adopted by the director of developmental disabilities under 16663
Chapter 119. of the Revised Code. These services shall be provided 16664
in accordance with the individual's individual service plan and 16665
shall include support services specified in the plan.16666

       (2) Any prevocational services shall be provided in 16667
accordance with the individual's individual service plan and occur 16668
over a specified period of time with specific outcomes sought to 16669
be achieved.16670

       (3) A county board may, in cooperation with the opportunities 16671
for Ohioans with disabilities agency, seek federal funds for job 16672
training or other services directlydirected at helping 16673
individuals obtain community employment.16674

       (4) A county board may contract with any agency, board, or 16675
other entity that is accredited by the commission on accreditation 16676
of rehabilitation facilities to provide services. A county board 16677
that is accredited by the commission on accreditation of 16678
rehabilitation facilities may provide services for which it is 16679
certified by the commission.16680

       (C) To the extent that resources are available, a county 16681
board may provide services to an individual with mental 16682
retardation or other developmental disability in addition to those 16683
provided pursuant to this section, section 5126.05 of the Revised 16684
Code, or any other section of this chapter. The services shall be 16685
provided in accordance with the individual's individual service 16686
plan and may be provided in collaboration with other entities of 16687
state or local government.16688

       Sec. 5126.08.  (A) The director of developmental disabilities 16689
shall adopt rules in accordance with Chapter 119. of the Revised 16690
Code for all programs and services offered by a county board of 16691
developmental disabilities. Such rules shall include, but are not 16692
limited to, the following:16693

       (1) Determination of what constitutes a program or service;16694

       (2) Standards to be followed by a board in administering, 16695
providing, arranging, or operating programs and services;16696

       (3) Standards for determining the nature and degree of mental 16697
retardation, including mild mental retardation, or developmental 16698
disability;16699

       (4) Standards and procedures for determiningmaking16700
eligibility determinations for the programs and services under 16701
section 5126.15 of the Revised Code;16702

       (5) Procedures for obtaining consent for the arrangement of 16703
services under section 5126.31 of the Revised Code and for 16704
obtaining signatures on individual service plans under that 16705
section;16706

       (6) Specification of the service and support administration 16707
to be provided by a county board and standards for resolving 16708
grievances in connection with service and support administration.16709

       (B) The director shall be the final authority in determining 16710
the nature and degree of mental retardation or developmental 16711
disability.16712

       Sec. 5126.21.  As used in this section, "management employee" 16713
does not include the superintendent of a county board of 16714
developmental disabilities.16715

       (A)(1) Each management employee of a county board of 16716
developmental disabilities shall hold a limited contract for a 16717
period of not less than one year and not more than five years, 16718
except that a management employee hired after the beginning of a 16719
program year may be employed under a limited contract expiring at 16720
the end of the program year. The board shall approve all contracts 16721
of employment for management employees that are for a term of more 16722
than one year. A management employee shall receive notice of the 16723
superintendent's intention not to rehire the employee at least 16724
ninety days prior to the expiration of the contract. 16725

       (2) During the term of a contract a management employee's 16726
salary may be increased, but shall not be reduced unless the 16727
reduction is part of a uniform plan affecting all employees of the 16728
board.16729

       (B) All management employees may be removed, suspended, or 16730
demoted for cause pursuant to section 5126.23 of the Revised Code.16731

       (C) All management employees shall receive employee benefits 16732
as established by the board. Sections 124.38 and 325.19 of the 16733
Revised Code do not apply to management employees.16734

       (D) The superintendent of a county board of developmental 16735
disabilities shall notify all management employees of the board of 16736
their salary no later than thirty days before the first day of the 16737
new contract year.16738

       (E) Each county board of developmental disabilities shall 16739
establish a lay-off policy to be followed if it determines a 16740
reduction in the number of management employees is necessary.16741

       (F) If a management employee position becomes vacant, the 16742
superintendent first shall consider whether to enter into an 16743
agreement with another county board for the sharing of personnel 16744
under 5126.02 of the Revised Code. If the superintendent 16745
determines there are no significant efficiencies or it is 16746
impractical to share personnel, the superintendent may employ a 16747
management employee to fill the vacancy. 16748

       Sec. 5126.25.  (A) The director of developmental disabilities 16749
shall adopt rules under division (C) of this section establishing 16750
uniform standards and procedures for the certification and 16751
registration of persons, other than the persons described in 16752
division (I) of this section, who are seeking employment with or 16753
are employed by either of the following:16754

       (1) A county board of developmental disabilities;16755

       (2) An entity that contracts with a county board to operate 16756
programs and services for individuals with mental retardation or 16757
developmental disabilities.16758

       (B) No person shall be employed in a position for which 16759
certification or registration is required pursuant to the rules 16760
adopted under this section without the certification or 16761
registration that is required for that position. The person shall 16762
not be employed or shall not continue to be employed if the 16763
required certification or registration is denied, revoked, or not 16764
renewed.16765

       (C) The director shall adopt rules in accordance with Chapter 16766
119. of the Revised Code as the director considers necessary to 16767
implement and administer this section, including rules 16768
establishing all of the following:16769

       (1) Positions of employment that are subject to this section 16770
and, for each position, whether a person must receive 16771
certification or receive registration to be employed in that 16772
position;16773

       (2) Requirements that must be met to receive the 16774
certification or registration required to be employed in a 16775
particular position, including standards regarding education, 16776
specialized training, and experience, taking into account the 16777
needs of individuals with mental retardation or developmental 16778
disabilities and the specialized techniques needed to serve them, 16779
except that the rules shall not require a person designated as a 16780
service employee under section 5126.22 of the Revised Code to have 16781
or obtain a bachelor's or higher degree;16782

       (3) Procedures to be followed in applying for initial 16783
certification or registration and for renewing the certification 16784
or registration.16785

       (4) Requirements that must be met for renewal of 16786
certification or registration, which may include continuing 16787
education and professional training requirements;16788

       (5) Subject to section 5126.23 of the Revised Code, grounds 16789
for which certification or registration may be denied, suspended, 16790
or revoked and procedures for appealing the denial, suspension, or 16791
revocation.16792

       (D) Each person seeking certification or registration for 16793
employment shall apply in the manner established in rules adopted 16794
under this section.16795

       (E)(1) Except as provided in division (E)(2) of this section, 16796
the superintendent of each county board is responsible for taking 16797
all actions regarding certification and registration of employees, 16798
other than the position of superintendent, early intervention 16799
supervisor, early intervention specialist, or investigative agent. 16800
For the position of superintendent, early intervention supervisor, 16801
early intervention specialist, or investigative agent, the 16802
director of developmental disabilities is responsible for taking 16803
all such actions.16804

       Actions that may be taken by the superintendent or director 16805
include issuing, renewing, denying, suspending, and revoking 16806
certification and registration. All actions shall be taken in 16807
accordance with the rules adopted under this section.16808

       The superintendent may charge a fee to persons applying for 16809
certification or registration. The superintendent shall establish 16810
the amount of the fee according to the costs the county board 16811
incurs in administering its program for certification and 16812
registration of employees.16813

       A person subject to the denial, suspension, or revocation of 16814
certification or registration may appeal the decision. The appeal 16815
shall be made in accordance with the rules adopted under this 16816
section.16817

       (2) Pursuant to division (C) of section 5126.05 of the 16818
Revised Code, the superintendent may enter into a contract with 16819
any other entity under which the entity is given authority to 16820
carry out all or part of the superintendent's responsibilities 16821
under division (E)(1) of this section.16822

       (F) A person with valid certification or registration under 16823
this section on the effective date of any rules adopted under this 16824
section that increase the standards applicable to the 16825
certification or registration shall have such period as the rules 16826
prescribe, but not less than one year after the effective date of 16827
the rules, to meet the new certification or registration 16828
standards.16829

       (G) A person with valid certification or registration is 16830
qualified to be employed according to that certification or 16831
registration by any county board or entity contracting with a 16832
county board.16833

       (H) The director shall monitor county boards to ensure that 16834
their employees and the employees of their contracting entities 16835
have the applicable certification or registration required under 16836
this section and that the employees are performing only those 16837
functions they are authorized to perform under the certification 16838
or registration. The superintendent of each county board or the 16839
superintendent's designee shall maintain in appropriate personnel 16840
files evidence acceptable to the director that the employees have 16841
met the requirements. On request, representatives of the 16842
department of developmental disabilities shall be given access to 16843
the evidence. 16844

       (I) The certification and registration requirements of this 16845
section and the rules adopted under it do not apply to either of 16846
the following:16847

       (1) A person who holds a valid license issued or certificate 16848
issued under Chapter 3319. of the Revised Code and performs no 16849
duties other than teaching or supervision of a teaching program;16850

       (2) A person who holds a valid license or certificate issued 16851
under Title XLVII of the Revised Code and performs only those 16852
duties governed by the license or certificate.16853

       Sec. 5126.42. (A) AEach county board of developmental 16854
disabilities shall establish an advisory council composed of board 16855
members or employees of the board, providers, individuals 16856
receiving supported living, and advocates for individuals 16857
receiving supported living to provide on-going communication among 16858
all persons concerned with supported living.16859

       (B) The board shall develop procedures for the resolution of 16860
grievances between the following:16861

       (A) The board and providers or between the;16862

       (B) The board and an entity with which it has a shared 16863
funding agreement.16864

       (C) The board shall develop and implement a provider 16865
selection system. Each system shall enable an individual to choose 16866
to continue receiving supported living from the same providers, to 16867
select additional providers, or to choose alternative providers. 16868
Annually, the board shall review its provider selection system to 16869
determine whether it has been implemented in a manner that allows 16870
individuals fair and equitable access to providers.16871

       In developing a provider selection system, the county board 16872
shall create a pool of providers for individuals to use in 16873
choosing their providers of supported living. The pool shall be 16874
created by placing in the pool all providers on record with the 16875
board or by placing in the pool all providers approved by the 16876
board through soliciting requests for proposals for supported 16877
living contracts. In either case, only providers that are 16878
certified by the director of developmental disabilities may be 16879
placed in the pool.16880

       If the board places all providers on record in the pool, the 16881
board shall review the pool at least annually to determine whether 16882
each provider has continued interest in being a provider and has 16883
maintained its certification by the department. At any time, an 16884
interested and certified provider may make a request to the board 16885
that it be added to the pool, and the board shall add the provider 16886
to the pool not later than seven days after receiving the request.16887

       If the board solicits requests for proposals for inclusion of 16888
providers in the pool, the board shall develop standards for 16889
selecting the providers to be included. Requests for proposals 16890
shall be solicited at least annually. When requests are solicited, 16891
the board shall cause legal notices to be published once each week 16892
for two consecutive weeks in a newspaper of general circulation 16893
within the county or as provided in section 7.16 of the Revised 16894
Code. The board's formal request for proposals shall include a 16895
description of any applicable contract terms, the standards that 16896
are used to select providers for inclusion in the pool, and the 16897
process the board uses to resolve disputes arising from the 16898
selection process. The board shall accept requests from any entity 16899
interested in being a provider of supported living for individuals 16900
served by the board. Requests shall be approved or denied 16901
according to the standards developed by the board. Providers that 16902
previously have been placed in the pool are not required to 16903
resubmit a request for proposal to be included in the pool, unless 16904
the board's standards have been changed.16905

       In assisting an individual in choosing a provider, the county 16906
board shall provide the individual with uniform and consistent 16907
information pertaining to each provider in the pool. An individual 16908
may choose to receive supported living from a provider that is not 16909
included in the pool, if the provider is certified by the director 16910
of developmental disabilities.16911

       Sec. 5126.43.  (A) After receiving notice from the department 16912
of developmental disabilities of the amount of state funds to be 16913
distributed to it for planning, developing, contracting for, and 16914
providing supported living, the county board of developmental 16915
disabilities shall arrange for supported living on behalf of and 16916
with the consent of individuals based on their individual service 16917
plans developed under section 5126.41 of the Revised Code. With 16918
the state distribution and any other money designated by the board 16919
for supported living, the board shall arrange for supported living 16920
in one or more of the following ways:16921

       (1) By contracting under section 5126.45 of the Revised Code 16922
with providers selected by the individual to be served;16923

       (2) By entering into shared funding agreements with state 16924
agencies, local public agencies, or political subdivisions at 16925
rates negotiated by the board;16926

       (3) By providing direct payment or vouchers to be used to 16927
purchase supported living, pursuant to a written contract in an 16928
amount determined by the board, to the individual or a person 16929
providing the individual with protective services as defined in 16930
section 5123.55 of the Revised Code.16931

       (B) The board may arrange for supported living only with 16932
providers that are certified by the director of developmental 16933
disabilities. 16934

       When no certified provider is willing and able to provide 16935
supported living for an individual in accordance with the terms of 16936
the individual service plan for that individual, a county board 16937
may provide supported living directly if it is certified by the 16938
director of developmental disabilities to provide supported 16939
living.16940

       A county board may, for a period not to exceed ninety days, 16941
contract for or provide supported living without meeting the 16942
requirements of this section for an individual it determines to be 16943
in emergency need of supported living. Thereafter, the individual 16944
shall choose providers in accordance with sections 5126.046 and16945
5126.41 and 5126.42 of the Revised Code.16946

       Sec. 5126.45.  (A) A contract between a county board of 16947
developmental disabilities and a provider of supported living 16948
shall be in writing and shall be based on the individual service 16949
plan developed by the individual under section 5126.41 of the 16950
Revised Code. The plan may be submitted as an addendum to the 16951
contract. An individual receiving services pursuant to a contract 16952
shall be considered a third-party beneficiary to the contract.16953

       (B) The contract shall be negotiated between the provider and 16954
the county board. The terms of the contract shall include at least 16955
the following:16956

       (1) The contract period and conditions for renewal;16957

       (2) The services to be provided pursuant to the individual 16958
service plan;16959

       (3) The rights and responsibilities of all parties to the 16960
contract;16961

       (4) The methods that will be used to evaluate the services 16962
delivered by the provider;16963

       (5) Procedures for contract modification that ensure all 16964
parties affected by the modification are involved and agree;16965

       (6) A process for resolving conflicts between individuals 16966
receiving services, the county board, and the provider, as 16967
applicable;16968

       (7) Procedures for the retention of applicable records;16969

       (8) Provisions for contract termination by any party involved 16970
that include requirements for an appropriate notice of intent to 16971
terminate the contract;16972

       (9) Methods to be used to document services provided;16973

       (10) Procedures for submitting reports required by the county 16974
board as a condition of receiving payment under the contract;16975

       (11) The method and schedule the board will use to make 16976
payments to the provider and whether periodic payment adjustments 16977
will be made to the provider;16978

       (12) Provisions for conducting fiscal reconciliations for 16979
payments made through methods other than a fee-for-service 16980
arrangement.16981

       (C) Payments to the provider under a supported living 16982
contract must be determined by the county board to be reasonable 16983
in accordance with policies and procedures developed by the county16984
board. Goods or services provided without charge to the provider 16985
shall not be included as expenditures of the provider.16986

       (D) The county board shall establish procedures for 16987
reconciling expenditures and payments, other than those made under 16988
a fee-for-service arrangement, for the prior contract year when a 16989
contract is not renewed and shall reconcile expenditures and 16990
payments in accordance with these procedures.16991

       (E) A provider or an entity with which the county board has 16992
entered into a shared funding agreement may appeal a negotiated 16993
contract or proposed shared funding rate toseek resolution of 16994
grievances with the county board using the procedures established 16995
by the county board under section 5126.42 of the Revised Code.16996

       Sec. 5139.05.  (A) The juvenile court may commit any child to 16997
the department of youth services as authorized in Chapter 2152. of 16998
the Revised Code, provided that any child so committed shall be at 16999
least ten years of age at the time of the child's delinquent act, 17000
and, if the child is ten or eleven years of age, the delinquent 17001
act is a violation of section 2909.03 of the Revised Code or would 17002
be aggravated murder, murder, or a first or second degree felony 17003
offense of violence if committed by an adult. Any order to commit 17004
a child to an institution under the control and management of the 17005
department shall have the effect of ordering that the child be 17006
committed to the department and assigned to an institution or 17007
placed in a community corrections facility in accordance with 17008
division (E) of section 5139.36 of the Revised Code as follows:17009

       (1) For an indefinite term consisting of the prescribed 17010
minimum period specified by the court under division (A)(1) of 17011
section 2152.16 of the Revised Code and a maximum period not to 17012
exceed the child's attainment of twenty-one years of age, if the 17013
child was committed pursuant to section 2152.16 of the Revised 17014
Code;17015

       (2) Until the child's attainment of twenty-one years of age, 17016
if the child was committed for aggravated murder or murder 17017
pursuant to section 2152.16 of the Revised Code;17018

       (3) For a period of commitment that shall be in addition to, 17019
and shall be served consecutively with and prior to, a period of 17020
commitment described in division (A)(1) or (2) of this section, if 17021
the child was committed pursuant to section 2152.17 of the Revised 17022
Code;17023

       (4) If the child is ten or eleven years of age, to an 17024
institution, a residential care facility, a residential facility, 17025
or a facility licensed by the department of job and family 17026
services that the department of youth services considers best 17027
designated for the training and rehabilitation of the child and 17028
protection of the public. The child shall be housed separately 17029
from children who are twelve years of age or older until the child 17030
is released or discharged or until the child attains twelve years 17031
of age, whichever occurs first. Upon the child's attainment of 17032
twelve years of age, if the child has not been released or 17033
discharged, the department is not required to house the child 17034
separately.17035

       (B)(1) Except as otherwise provided in section 5139.54 of the 17036
Revised Code, the release authority of the department of youth 17037
services, in accordance with section 5139.51 of the Revised Code 17038
and at any time after the end of the minimum period specified 17039
under division (A)(1) of section 2152.16 of the Revised Code, may 17040
grant the release from custody of any child committed to the 17041
department.17042

       The order committing a child to the department of youth 17043
services shall state that the child has been adjudicated a 17044
delinquent child and state the minimum period. The jurisdiction of 17045
the court terminates at the end of the minimum period except as 17046
follows:17047

       (a) In relation to judicial release procedures, supervision, 17048
and violations;17049

       (b) With respect to functions of the court related to the 17050
revocation of supervised release that are specified in sections 17051
5139.51 and 5139.52 of the Revised Code;17052

       (c) In relation to its duties relating to serious youthful 17053
offender dispositional sentences under sections 2152.13 and 17054
2152.14 of the Revised Code.17055

       (2) When a child has been committed to the department under 17056
section 2152.16 of the Revised Code, the department shall retain 17057
legal custody of the child until one of the following:17058

       (a) The department discharges the child to the exclusive 17059
management, control, and custody of the child's parent or the 17060
guardian of the child's person or, if the child is eighteen years 17061
of age or older, discharges the child.17062

       (b) The committing court, upon its own motion, upon petition 17063
of the parent, guardian of the person, or next friend of a child, 17064
or upon petition of the department, terminates the department's 17065
legal custody of the child.17066

       (c) The committing court grants the child a judicial release 17067
to court supervision under section 2152.22 of the Revised Code.17068

       (d) The department's legal custody of the child is terminated 17069
automatically by the child attaining twenty-one years of age.17070

       (e) If the child is subject to a serious youthful offender 17071
dispositional sentence, the adult portion of that dispositional 17072
sentence is imposed under section 2152.14 of the Revised Code.17073

       (C) When a child is committed to the department of youth 17074
services, the department may assign the child to a hospital for 17075
mental, physical, and other examination, inquiry, or treatment for 17076
the period of time that is necessary. The department may remove 17077
any child in its custody to a hospital for observation, and a 17078
complete report of every observation at the hospital shall be made 17079
in writing and shall include a record of observation, treatment, 17080
and medical history and a recommendation for future treatment, 17081
custody, and maintenance. The department shall thereupon order the 17082
placement and treatment that it determines to be most conducive to 17083
the purposes of Chapters 2151. and 5139. of the Revised Code. The 17084
committing court and all public authorities shall make available 17085
to the department all pertinent data in their possession with 17086
respect to the case.17087

       (D) Records maintained by the department of youth services 17088
pertaining to the children in its custody shall be accessible only 17089
to department employees, except by consent of the department, upon 17090
the order of the judge of a court of record, or as provided in 17091
divisions (D)(1) and (2) of this section. These records shall not 17092
be considered "public records," as defined in section 149.43 of 17093
the Revised Code.17094

       (1) Except as otherwise provided by a law of this state or 17095
the United States, the department of youth services may release 17096
records that are maintained by the department of youth services 17097
and that pertain to children in its custody to the department of 17098
rehabilitation and correction regarding persons who are under the 17099
jurisdiction of the department of rehabilitation and correction 17100
and who have previously been committed to the department of youth 17101
services. The department of rehabilitation and correction may use 17102
those records for the limited purpose of carrying out the duties 17103
of the department of rehabilitation and correction. Records 17104
released by the department of youth services to the department of 17105
rehabilitation and correction shall remain confidential and shall 17106
not be considered public records as defined in section 149.43 of 17107
the Revised Code.17108

       (2) The department of youth services shall provide to the 17109
superintendent of the school district in which a child discharged 17110
or released from the custody of the department is entitled to 17111
attend school under section 3313.64 or 3313.65 of the Revised Code 17112
the records described in divisions (D)(4)(a) to (d) of section 17113
2152.18 of the Revised Code. Subject to the provisions of section 17114
3319.321 of the Revised Code and the Family Educational Rights and 17115
Privacy Act, 20 U.S.C. 1232g, as amended, the records released to 17116
the superintendent shall remain confidential and shall not be 17117
considered public records as defined in section 149.43 of the 17118
Revised Code.17119

       (E)(1) When a child is committed to the department of youth 17120
services, the department, orally or in writing, shall notify the 17121
parent, guardian, or custodian of a child that the parent, 17122
guardian, or custodian may request at any time from the 17123
superintendent of the institution in which the child is located 17124
any of the information described in divisions (E)(1)(a), (b), (c), 17125
and (d) of this section. The parent, guardian, or custodian may 17126
provide the department with the name, address, and telephone 17127
number of the parent, guardian, or custodian, and, until the 17128
department is notified of a change of name, address, or telephone 17129
number, the department shall use the name, address, and telephone 17130
number provided by the parent, guardian, or custodian to provide 17131
notices or answer inquiries concerning the following information:17132

       (a) When the department of youth services makes a permanent 17133
assignment of the child to a facility, the department, orally or 17134
in writing and on or before the third business day after the day 17135
the permanent assignment is made, shall notify the parent, 17136
guardian, or custodian of the child of the name of the facility to 17137
which the child has been permanently assigned.17138

       If a parent, guardian, or custodian of a child who is 17139
committed to the department of youth services requests, orally or 17140
in writing, the department to provide the parent, guardian, or 17141
custodian with the name of the facility in which the child is 17142
currently located, the department, orally or in writing and on or 17143
before the next business day after the day on which the request is 17144
made, shall provide the name of that facility to the parent, 17145
guardian, or custodian.17146

       (b) If a parent, guardian, or custodian of a child who is 17147
committed to the department of youth services, orally or in 17148
writing, asks the superintendent of the institution in which the 17149
child is located whether the child is being disciplined by the 17150
personnel of the institution, what disciplinary measure the 17151
personnel of the institution are using for the child, or why the 17152
child is being disciplined, the superintendent or the 17153
superintendent's designee, on or before the next business day 17154
after the day on which the request is made, shall provide the 17155
parent, guardian, or custodian with written or oral responses to 17156
the questions.17157

       (c) If a parent, guardian, or custodian of a child who is 17158
committed to the department of youth services, orally or in 17159
writing, asks the superintendent of the institution in which the 17160
child is held whether the child is receiving any medication from 17161
personnel of the institution, what type of medication the child is 17162
receiving, or what condition of the child the medication is 17163
intended to treat, the superintendent or the superintendent's 17164
designee, on or before the next business day after the day on 17165
which the request is made, shall provide the parent, guardian, or 17166
custodian with oral or written responses to the questions.17167

       (d) When a major incident occurs with respect to a child who 17168
is committed to the department of youth services, the department, 17169
as soon as reasonably possible after the major incident occurs, 17170
shall notify the parent, guardian, or custodian of the child that 17171
a major incident has occurred with respect to the child and of all 17172
the details of that incident that the department has ascertained.17173

       (2) The failure of the department of youth services to 17174
provide any notification required by or answer any requests made 17175
pursuant to division (E) of this section does not create a cause 17176
of action against the state.17177

       (F) The department of youth services, as a means of 17178
punishment while the child is in its custody, shall not prohibit a 17179
child who is committed to the department from seeing that child's 17180
parent, guardian, or custodian during standard visitation periods 17181
allowed by the department of youth services unless the 17182
superintendent of the institution in which the child is held 17183
determines that permitting that child to visit with the child's 17184
parent, guardian, or custodian would create a safety risk to that 17185
child, that child's parents, guardian, or custodian, the personnel 17186
of the institution, or other children held in that institution.17187

       (G) As used in this section:17188

       (1) "Permanent assignment" means the assignment or transfer 17189
for an extended period of time of a child who is committed to the 17190
department of youth services to a facility in which the child will 17191
receive training or participate in activities that are directed 17192
toward the child's successful rehabilitation. "Permanent 17193
assignment" does not include the transfer of a child to a facility 17194
for judicial release hearings pursuant to section 2152.22 of the 17195
Revised Code or for any other temporary assignment or transfer to 17196
a facility.17197

       (2) "Major incident" means the escape or attempted escape of 17198
a child who has been committed to the department of youth services 17199
from the facility to which the child is assigned; the return to 17200
the custody of the department of a child who has escaped or 17201
otherwise fled the custody and control of the department without 17202
authorization; the allegation of any sexual activity with a child 17203
committed to the department; physical injury to a child committed 17204
to the department as a result of alleged abuse by department 17205
staff; an accident resulting in injury to a child committed to the 17206
department that requires medical care or treatment outside the 17207
institution in which the child is located; the discovery of a 17208
controlled substance upon the person or in the property of a child 17209
committed to the department; a suicide attempt by a child 17210
committed to the department; a suicide attempt by a child 17211
committed to the department that results in injury to the child 17212
requiring emergency medical services outside the institution in 17213
which the child is located; the death of a child committed to the 17214
department; an injury to a visitor at an institution under the 17215
control of the department that is caused by a child committed to 17216
the department; and the commission or suspected commission of an 17217
act by a child committed to the department that would be an 17218
offense if committed by an adult.17219

       (3) "Sexual activity" has the same meaning as in section 17220
2907.01 of the Revised Code.17221

       (4) "Controlled substance" has the same meaning as in section 17222
3719.01 of the Revised Code.17223

       (5) "Residential care facility" and "residential facility" 17224
have the same meanings as in section 2151.011 of the Revised Code.17225

       Sec. 5139.12. Any person who is required, pursuant to 17226
division (A) of section 2151.421 of the Revised Code, to report 17227
the person's knowledge of or reasonable cause to suspect abuse or 17228
neglect or threat of abuse or neglect of a child under eighteen 17229
years of age or a mentally retarded, developmentally disabled, or 17230
physically impaired child under twenty-one years of age or any 17231
person who is permitted, pursuant to division (B) of that section, 17232
to report, or cause such a report to be made and who makes or 17233
causes the report to be made, shall direct that report to the 17234
state highway patrol if the child is a delinquent child in the 17235
custody of an institution. If the state highway patrol determines 17236
after receipt of the report that there is probable cause that 17237
abuse or neglect or threat of abuse or neglect of the delinquent 17238
child occurred, the highway patrol shall report its findings to 17239
the department of youth services, to the court that ordered the 17240
disposition of the delinquent child for the act that would have 17241
been an offense if committed by an adult and for which the 17242
delinquent child is in the custody of the department, to the 17243
public children services agency in the county in which the child 17244
resides or in which the abuse or neglect or threat of abuse or 17245
neglect occurred, and to the chairperson and vice-chairperson of 17246
the correctional institution inspection committee established by 17247
section 103.71 of the Revised Code. 17248

       Sec. 5139.34.  (A) Funds may be appropriated to the 17249
department of youth services for the purpose of granting state 17250
subsidies to counties. A county or the juvenile court that serves 17251
a county shall use state subsidies granted to the county pursuant 17252
to this section only in accordance with divisions (B)(2)(a) and 17253
(3)(a) of section 5139.43 of the Revised Code and the rules 17254
pertaining to the state subsidy funds that the department adopts 17255
pursuant to division (D) of section 5139.04 of the Revised Code. 17256
The department shall not grant financial assistance pursuant to 17257
this section for the provision of care and services for children 17258
in a placement facility unless the facility has been certified, 17259
licensed, or approved by a state or national agency with 17260
certification, licensure, or approval authority, including, but 17261
not limited to, the department of job and family services, 17262
department of education, department of mental health and addiction 17263
services, department of developmental disabilities, or American 17264
correctional association. For the purposes of this section, 17265
placement facilities do not include a state institution or a 17266
county or district children's home.17267

       The department also shall not grant financial assistance 17268
pursuant to this section for the provision of care and services 17269
for children, including, but not limited to, care and services in 17270
a detention facility, in another facility, or in out-of-home 17271
placement, unless the minimum standards applicable to the care and 17272
services that the department prescribes in rules adopted pursuant 17273
to division (D) of section 5139.04 of the Revised Code have been 17274
satisfied.17275

       (B) The department of youth services shall apply the 17276
following formula to determine the amount of the annual grant that 17277
each county is to receive pursuant to division (A) of this 17278
section, subject to the appropriation for this purpose to the 17279
department made by the general assembly:17280

       (1) Each county shall receive a basic annual grant of fifty 17281
thousand dollars.17282

       (2) The sum of the basic annual grants provided under 17283
division (B)(1) of this section shall be subtracted from the total 17284
amount of funds appropriated to the department of youth services 17285
for the purpose of making grants pursuant to division (A) of this 17286
section to determine the remaining portion of the funds 17287
appropriated. The remaining portion of the funds appropriated 17288
shall be distributed on a per capita basis to each county that has 17289
a population of more than twenty-five thousand for that portion of 17290
the population of the county that exceeds twenty-five thousand.17291

       (C)(1) Prior to a county's receipt of an annual grant 17292
pursuant to this section, the juvenile court that serves the 17293
county shall prepare, submit, and file in accordance with division 17294
(B)(3)(a) of section 5139.43 of the Revised Code an annual grant 17295
agreement and application for funding that is for the combined 17296
purposes of, and that satisfies the requirements of, this section 17297
and section 5139.43 of the Revised Code. In addition to the 17298
subject matters described in division (B)(3)(a) of section 5139.43 17299
of the Revised Code or in the rules that the department adopts to 17300
implement that division, the annual grant agreement and 17301
application for funding shall address fiscal accountability and 17302
performance matters pertaining to the programs, care, and services 17303
that are specified in the agreement and application and for which 17304
state subsidy funds granted pursuant to this section will be used.17305

       (2) The county treasurer of each county that receives an 17306
annual grant pursuant to this section shall deposit the state 17307
subsidy funds so received into the county's felony delinquent care 17308
and custody fund created pursuant to division (B)(1) of section 17309
5139.43 of the Revised Code. Subject to exceptions prescribed in 17310
section 5139.43 of the Revised Code that may apply to the 17311
disbursement, the department shall disburse the state subsidy 17312
funds to which a county is entitled in a lump sum payment that 17313
shall be made in July of each calendar year.17314

       (3) Upon an order of the juvenile court that serves a county 17315
and subject to appropriation by the board of county commissioners 17316
of that county, a county treasurer shall disburse from the 17317
county's felony delinquent care and custody fund the state subsidy 17318
funds granted to the county pursuant to this section for use only 17319
in accordance with this section, the applicable provisions of 17320
section 5139.43 of the Revised Code, and the county's approved 17321
annual grant agreement and application for funding.17322

       (4) The moneys in a county's felony delinquent care and 17323
custody fund that represent state subsidy funds granted pursuant 17324
to this section are subject to appropriation by the board of 17325
county commissioners of the county; shall be disbursed by the 17326
county treasurer as required by division (C)(3) of this section; 17327
shall be used in the manners referred to in division (C)(3) of 17328
this section; shall not revert to the county general fund at the 17329
end of any fiscal year; shall carry over in the felony delinquent 17330
care and custody fund from the end of any fiscal year to the next 17331
fiscal year; shall be in addition to, and shall not be used to 17332
reduce, any usual annual increase in county funding that the 17333
juvenile court is eligible to receive or the current level of 17334
county funding of the juvenile court and of any programs, care, or 17335
services for alleged or adjudicated delinquent children, unruly 17336
children, or juvenile traffic offenders or for children who are at 17337
risk of becoming delinquent children, unruly children, or juvenile 17338
traffic offenders; and shall not be used to pay for the care and 17339
custody of felony delinquents who are in the care and custody of 17340
an institution pursuant to a commitment, recommitment, or 17341
revocation of a release on parole by the juvenile court of that 17342
county or who are in the care and custody of a community 17343
corrections facility pursuant to a placement by the department 17344
with the consent of the juvenile court as described in division 17345
(E) of section 5139.36 of the Revised Code.17346

       (5) As a condition of the continued receipt of state subsidy 17347
funds pursuant to this section, each county and the juvenile court 17348
that serves each county that receives an annual grant pursuant to 17349
this section shall comply with divisions (B)(3)(b), (c), and (d) 17350
of section 5139.43 of the Revised Code.17351

       Sec. 5139.36.  (A) In accordance with this section and the 17352
rules adopted under it and from funds appropriated to the 17353
department of youth services for the purposes of this section, the 17354
department shall make grants that provide financial resources to 17355
operate community corrections facilities for felony delinquents.17356

       (B)(1) Each community corrections facility that intends to 17357
seek a grant under this section shall file an application with the 17358
department of youth services at the time and in accordance with 17359
the procedures that the department shall establish by rules 17360
adopted in accordance with Chapter 119. of the Revised Code. In 17361
addition to other items required to be included in the 17362
application, a plan that satisfies both of the following shall be 17363
included:17364

       (a) It reduces the number of felony delinquents committed to 17365
the department from the county or counties associated with the 17366
community corrections facility.17367

       (b) It ensures equal access for minority felony delinquents 17368
to the programs and services for which a potential grant would be 17369
used.17370

       (2) The department of youth services shall review each 17371
application submitted pursuant to division (B)(1) of this section 17372
to determine whether the plan described in that division, the 17373
community corrections facility, and the application comply with 17374
this section and the rules adopted under it.17375

       (C) To be eligible for a grant under this section and for 17376
continued receipt of moneys comprising a grant under this section, 17377
a community corrections facility shall satisfy at least all of the 17378
following requirements:17379

       (1) Be constructed, reconstructed, improved, or financed by 17380
the Ohio building authority pursuant to section 307.021 of the 17381
Revised Code and Chapter 152. of the Revised Code for the use of 17382
the department of youth services and be designated as a community 17383
corrections facility;17384

       (2) Have written standardized criteria governing the types of 17385
felony delinquents that are eligible for the programs and services 17386
provided by the facility;17387

       (3) Have a written standardized intake screening process and 17388
an intake committee that at least performs both of the following 17389
tasks:17390

       (a) Screens all eligible felony delinquents who are being 17391
considered for admission to the facility in lieu of commitment to 17392
the department;17393

       (b) Notifies, within ten days after the date of the referral 17394
of a felony delinquent to the facility, the committing court 17395
whether the felony delinquent will be admitted to the facility.17396

       (4) Comply with all applicable fiscal and program rules that 17397
the department adopts in accordance with Chapter 119. of the 17398
Revised Code and demonstrate that felony delinquents served by the 17399
facility have been or will be diverted from a commitment to the 17400
department.17401

       (D) The department of youth services shall determine the 17402
method of distribution of the funds appropriated for grants under 17403
this section to community corrections facilities.17404

       (E)(1) The department of youth services shall adopt rules in 17405
accordance with Chapter 119. of the Revised Code to establish the 17406
minimum occupancy threshold of community corrections facilities.17407

        (2) The department may make referrals for the placement of17408
place children in its custody toin a community corrections 17409
facility. At least forty-five days prior to the referral of a 17410
child or within any shorter period prior to the referral of the 17411
child that the committing court may allow, the department shall 17412
notify the committing court of its intent to place the child in a 17413
community corrections facility. The court shall have thirty days 17414
after the receipt of the notice to approve or disapprove the 17415
placement. If the court does not respond to the notice of the 17416
placement within that thirty-day period, the department shall 17417
proceed with the placement and debitcharge bed days to the county 17418
in accordance with sections 5139.41 to 5139.43 of the Revised 17419
Code. A child placed in a community corrections facility pursuant 17420
to this division shall remain in the legal custody of the 17421
department of youth services during the period in which the child 17422
is in the community corrections facility.17423

        (3) Counties that are not associated with a community 17424
corrections facility may refer children to a community corrections 17425
facility with the consent of the facility. The department of youth 17426
services shall debit the county that makes the referral in 17427
accordance with sections 5139.41 to 5139.43 of the Revised Code.17428

       (F) The board or other governing body of a community 17429
corrections facility shall meet not less often than once per 17430
quarter. A community corrections facility may reimburse the 17431
members of the board or other governing body of the facility and 17432
the members of an advisory board created by the board or other 17433
governing body of the facility for their actual and necessary 17434
expenses incurred in the performance of their official duties. The 17435
members of the board or other governing body of the facility and 17436
the members of an advisory board created by the board or other 17437
governing body of the facility shall serve without compensation.17438

       Sec. 5139.41.  The appropriation made to the department of 17439
youth services for care and custody of felony delinquents shall be 17440
expended in accordance with the following procedure that the 17441
department shall use for each year of a biennium. The procedure 17442
shall be consistent with sections 5139.41 to 5139.43 of the 17443
Revised Code and shall be developed in accordance with the 17444
following guidelines:17445

       (A) The line item appropriation for the care and custody of 17446
felony delinquents shall provide funding for operational costs for 17447
the following:17448

       (1) Institutions and the diagnosis, care, or treatment of 17449
felony delinquents at facilities pursuant to contracts entered 17450
into under section 5139.08 of the Revised Code;17451

       (2) Community corrections facilities constructed, 17452
reconstructed, improved, or financed as described in section 17453
5139.36 of the Revised Code for the purpose of providing 17454
alternative placement and services for felony delinquents who have 17455
been diverted from care and custody in institutions;17456

       (3) County juvenile courts that administer programs and 17457
services for prevention, early intervention, diversion, treatment, 17458
and rehabilitation services and programs that are provided for 17459
alleged or adjudicated unruly or delinquent children or for 17460
children who are at risk of becoming unruly or delinquent 17461
children; 17462

       (4) Administrative expenses the department incurs in 17463
connection with the felony delinquent care and custody programs 17464
described in section 5139.43 of the Revised Code. 17465

       (B) From the appropriated line item for the care and custody 17466
of felony delinquents, the department, with the advice of the 17467
RECLAIM advisory committee established under section 5139.44 of 17468
the Revised Code, shall allocate annual operational funds for 17469
county juvenile programs, institutional care and custody, 17470
community corrections facilities care and custody, and 17471
administrative expenses incurred by the department associated with 17472
felony delinquent care and custody programs. The department, with 17473
the advice of the RECLAIM advisory committee, shall adjust these 17474
allocations, when modifications to this line item are made by 17475
legislative or executive action.17476

       (C) The department shall divide county juvenile program 17477
allocations among county juvenile courts that administer programs 17478
and services for prevention, early intervention, diversion, 17479
treatment, and rehabilitation that are provided for alleged or 17480
adjudicated unruly or delinquent children or for children who are 17481
at risk of becoming unruly or delinquent children. The department 17482
shall base funding on the county's previous year's ratio of the 17483
department's institutional and community correctionalcorrections17484
facilities commitments to that county's average of felony 17485
adjudications, as specified in the following formula:17486

       (1) The department shall give to each county a proportional 17487
allocation of commitment credits. The proportional allocation of 17488
commitment credits shall be calculated by the following 17489
procedures:17490

       (a) The department shall determine for each county and for 17491
the state an average of felony adjudications. Beginning July 1, 17492
2012, the average shall include felony adjudications for fiscal 17493
year 2007 and for each subsequent fiscal year through fiscal year 17494
2016. Beginning July 1, 2017, the most recent felony adjudication 17495
data shall be included and the oldest fiscal year data shall be 17496
removed so that a ten-year average of felony adjudication data 17497
will be maintained.17498

       (b) The department shall determine for each county and for 17499
the state the number of charged bed days, for both the department 17500
and community correctionalcorrections facilities, from the 17501
previous year.17502

       (c) The department shall divide the statewide total number of 17503
charged bed days by the statewide total number of felony 17504
adjudications, which quotient shall then be multiplied by a factor 17505
determined by the department.17506

       (d) The department shall calculate the county's allocation of 17507
credits by multiplying the number of adjudications for each court 17508
by the result determined pursuant to division (C)(1)(c) of this 17509
section.17510

       (2) The department shall subtract from the allocation 17511
determined pursuant to division (C)(1) of this section a credit 17512
for every chargeable bed day while a youth staysis in a 17513
department institutionthe department's custody and two-thirds of 17514
credit for every chargeable bed day a youth stays in a community 17515
correctionalcorrections facility, except for public safety beds. 17516
At the end of the year, the department shall divide the amount of 17517
remaining credits of that county's allocation by the total number 17518
of remaining credits to all counties, to determine the county's 17519
percentage, which shall then be applied to the total county 17520
allocation to determine the county's payment for the fiscal year.17521

       (3) The department shall pay counties three times during the 17522
fiscal year to allow for credit reporting and audit adjustments, 17523
and modifications to the appropriated line item for the care and 17524
custody of felony delinquents, as described in this section. The 17525
department shall pay fifty per cent of the payment by the 17526
fifteenth of July of each fiscal year, twenty-five per cent by the 17527
fifteenth of January of that fiscal year, and twenty-five per cent 17528
of the payment by the fifteenth of June of that fiscal year.17529

       Sec. 5139.45.  (A) As used in this section:17530

       (1) "Institution" means a state facility that is created by 17531
the general assembly and that is under the management and control 17532
of the department of youth services or a private entity with which 17533
the department has contracted for the institutional care and 17534
custody of felony delinquents.17535

       (2) "Quality assurance program" means a comprehensive program 17536
within the department of youth services to systematically review 17537
and improve the quality of programming, operations, education, 17538
medical and mental health services within the department and the 17539
department's institutions, the safety and security of persons 17540
receiving care and services within the department and the 17541
department's institutions, and the efficiency and effectiveness of 17542
the utilization of staff and resources in the delivery of services 17543
within the department and the department's institutions.17544

       (3) "Quality assurance program activities" means the 17545
activities of the institution and the office of quality assurance 17546
and improvement, of persons who provide, collect, or compile 17547
information and reports required by the office of quality 17548
assurance and improvement, and of persons who receive, review, or 17549
implement the recommendations made by the office of quality 17550
assurance and improvement. "Quality assurance program activities" 17551
include credentialing, infection control, utilization review 17552
including access to patient care, patient care assessments, 17553
medical and mental health records, medical and mental health 17554
resource management, mortality and morbidity review, and 17555
identification and prevention of medical or mental health 17556
incidents and risks, whether performed by the office of quality 17557
assurance and improvement or by persons who are directed by the 17558
office of quality assurance and improvement.17559

       (4) "Quality assurance record" means the proceedings, 17560
records, minutes, and reports that result from quality assurance 17561
program activities. "Quality assurance record" does not include 17562
aggregate statistical information that does not disclose the 17563
identity of persons receiving or providing services in 17564
institutions.17565

       (B) The office of quality assurance and improvement is hereby 17566
created as an office in the department of youth services. The 17567
director of youth services shall appoint a managing officer to 17568
carry out quality assurance program activities.17569

       (C)(1) Except as otherwise provided in division (F) of this 17570
section, quality assurance records are confidential and are not 17571
public records under section 149.43 of the Revised Code and shall 17572
be used only in the course of the proper functions of a quality 17573
assurance program.17574

       (2) Except as provided in division (F) of this section, no 17575
person who possesses or has access to quality assurance records 17576
and who knows that the records are quality assurance records shall 17577
willfully disclose the contents of the records to any person or 17578
entity.17579

       (D)(1) Except as otherwise provided in division (F) of this 17580
section, a quality assurance record is not subject to discovery 17581
and is not admissible as evidence in any judicial or 17582
administrative proceeding.17583

       (2) Except as provided in division (F) of this section, no 17584
employee of the office of quality assurance and improvement or a 17585
person who is performing a function that is part of a quality 17586
assurance program shall be permitted or required to testify in a 17587
judicial or administrative proceeding with respect to a quality 17588
assurance record or with respect to any finding, recommendation, 17589
evaluation, opinion, or other action taken by the office or 17590
program or by the person within the scope of the quality assurance 17591
program.17592

       (3) Information, documents, or records otherwise available 17593
from original sources shall not be unavailable for discovery or 17594
inadmissible as evidence in a judicial or administrative 17595
proceeding under division (D)(1) of this section merely because 17596
they were presented to the office of quality assurance and 17597
improvement. No person who is an employee of the office of quality 17598
assurance and improvement shall be prohibited from testifying as 17599
to matters within the person's knowledge, but the person shall not 17600
be asked about an opinion formed by the person as a result of the 17601
person's quality assurance program activities.17602

       (E)(1) A person who, without malice and in the reasonable 17603
belief that the information is warranted by the facts known to the 17604
person, provides information to a person engaged in quality 17605
assurance program activities is not liable for damages in a civil 17606
action for injury, death, or loss to person or property as a 17607
result of providing the information.17608

       (2) An employee of the office of quality assurance and 17609
improvement, a person engaged in quality assurance program 17610
activities, or an employee of the department of youth services 17611
shall not be liable in damages in a civil action for injury, 17612
death, or loss to person or property for any acts, omissions, 17613
decisions, or other conduct within the scope of the functions of 17614
the quality assurance program.17615

       (3) Nothing in this section shall relieve any institution 17616
from liability arising from the treatment of a patient.17617

       (F) Quality assurance records may be disclosed, and testimony 17618
may be provided concerning quality assurance records, only to the 17619
following persons or entities or under the following 17620
circumstances:17621

       (1) Persons who are employed or retained by the department of 17622
youth services and who have the authority to evaluate or implement 17623
the recommendations of an institution or the office of quality 17624
assurance and improvement;17625

       (2) Public or private agencies or organizations if needed to 17626
perform a licensing or accreditation function related to 17627
institutions or to perform monitoring of institutions as required 17628
by law;17629

       (3) A governmental board or agency, a professional health 17630
care society or organization, or a professional standards review 17631
organization, if the records or testimony are needed to perform 17632
licensing, credentialing, or monitoring of professional standards 17633
with respect to medical or mental health professionals employed or 17634
retained by the department;17635

       (4) A criminal or civil law enforcement agency or public 17636
health agency charged by law with the protection of public health 17637
or safety, if a qualified representative of the agency makes a 17638
written request stating that the records or testimony are 17639
necessary for a purpose authorized by law;17640

       (5) In a judicial or administrative proceeding commenced by 17641
an entity described in division (F)(3) or (4) of this section for 17642
a purpose described in that division but only with respect to the 17643
subject of the proceedings.17644

       (G) A disclosure of quality assurance records pursuant to 17645
division (F) of this section does not otherwise waive the 17646
confidential and privileged status of the disclosed quality 17647
assurance records. The names and other identifying information 17648
regarding individual patients or employees of the office of 17649
quality assurance and improvement contained in a quality assurance 17650
record shall be redacted from the record prior to the disclosure 17651
of the record unless the identity of an individual is necessary 17652
for the purpose for which the disclosure is being made and does 17653
not constitute a clearly unwarranted invasion of personal privacy. 17654

       Sec. 5164.34. (A) As used in this section:17655

       (1) "Criminal records check" has the same meaning as in 17656
section 109.572 of the Revised Code.17657

       (2) "Disqualifying offense" means any of the offenses listed 17658
or described in divisions (A)(3)(a) to (e) of section 109.572 of 17659
the Revised Code.17660

       (3) "Owner" means a person who has an ownership interest in a 17661
medicaid provider in an amount designated in rules authorized by 17662
this section.17663

       (4) "Person subject to the criminal records check 17664
requirement" means the following:17665

       (a) A medicaid provider who is notified under division (E)(1) 17666
of this section that the provider is subject to a criminal records 17667
check;17668

       (b) An owner or prospective owner, officer or prospective 17669
officer, or board member or prospective board member of a medicaid 17670
provider if, pursuant to division (E)(1)(a) of this section, the 17671
owner or prospective owner, officer or prospective officer, or 17672
board member or prospective board member is specified in 17673
information given to the provider under division (E)(1) of this 17674
section;17675

       (c) An employee or prospective employee of a medicaid 17676
provider if both of the following apply:17677

       (i) The employee or prospective employee is specified, 17678
pursuant to division (E)(1)(b) of this section, in information 17679
given to the provider under division (E)(1) of this section.17680

       (ii) The provider is not prohibited by division (D)(3)(b) of 17681
this section from employing the employee or prospective employee.17682

        (5) "Responsible entity" means the following:17683

       (a) With respect to a criminal records check required under 17684
this section for a medicaid provider, the department of medicaid 17685
or the department's designee;17686

       (b) With respect to a criminal records check required under 17687
this section for an owner or prospective owner, officer or 17688
prospective officer, board member or prospective board member, or 17689
employee or prospective employee of a medicaid provider, the 17690
provider. 17691

       (B) This section does not apply to any individual who is 17692
subject to a criminal records check under section 3712.09, 17693
3721.121, 5123.081, 5123.169, or 5164.341 of the Revised Code or 17694
any individual who is subject to a database review or criminal 17695
records check under section 173.38, 3701.881, or 5164.342 of the 17696
Revised Code.17697

       (C) The department of medicaid may do any of the following:17698

       (1) Require that any medicaid provider submit to a criminal 17699
records check as a condition of obtaining or maintaining a 17700
provider agreement;17701

       (2) Require that any medicaid provider require an owner or 17702
prospective owner, officer or prospective officer, or board member 17703
or prospective board member of the provider submit to a criminal 17704
records check as a condition of being an owner, officer, or board 17705
member of the provider;17706

       (3) Require that any medicaid provider do the following:17707

       (a) If so required by rules authorized by this section, 17708
determine pursuant to a database review conducted under division 17709
(F)(1)(a) of this section whether any employee or prospective 17710
employee of the provider is included in a database;17711

       (b) Unless the provider is prohibited by division (D)(3)(b) 17712
of this section from employingretaining the employee or hiring 17713
the prospective employee, require the employee or prospective 17714
employee to submit to a criminal records check as a condition of 17715
being retained as an employee of, or hired by, the provider. 17716

       (D)(1) The department or the department's designee shall deny 17717
or terminate a medicaid provider's provider agreement if the 17718
provider is a person subject to the criminal records check 17719
requirement and either of the following applies:17720

       (a) The provider fails to obtain the criminal records check 17721
after being given the information specified in division (G)(1) of 17722
this section.17723

       (b) Except as provided in rules authorized by this section, 17724
the provider is found by the criminal records check to have been 17725
convicted of or have pleaded guilty to a disqualifying offense, 17726
regardless of the date of the conviction or the date of entry of 17727
the guilty plea.17728

       (2) No medicaid provider shall permit a person to be an 17729
owner, officer, or board member of the provider if the person is a 17730
person subject to the criminal records check requirement and 17731
either of the following applies:17732

       (a) The person fails to obtain the criminal records check 17733
after being given the information specified in division (G)(1) of 17734
this section.17735

       (b) Except as provided in rules authorized by this section, 17736
the person is found by the criminal records check to have been 17737
convicted of or have pleaded guilty to a disqualifying offense, 17738
regardless of the date of the conviction or the date of entry of 17739
the guilty plea.17740

       (3) No medicaid provider shall employretain as an employee 17741
or hire a person if any of the following apply:17742

       (a) The person has been excluded from being a medicaid 17743
provider, a medicare provider, or provider for any other federal 17744
health care program.17745

       (b) If the person is subject to a database review conducted 17746
under division (F)(1)(a) of this section, the person is found by 17747
the database review to be included in a database and the rules 17748
authorized by this section regarding the database review prohibit 17749
the provider from employingretaining as an employee or hiring a 17750
person included in the database.17751

       (c) If the person is a person subject to the criminal records 17752
check requirement, either of the following applies:17753

       (i) The person fails to obtain the criminal records check 17754
after being given the information specified in division (G)(1) of 17755
this section.17756

       (ii) Except as provided in rules authorized by this section, 17757
the person is found by the criminal records check to have been 17758
convicted of or have pleaded guilty to a disqualifying offense, 17759
regardless of the date of the conviction or the date of entry of 17760
the guilty plea.17761

       (E)(1) The department or the department's designee shall 17762
inform each medicaid provider whether the provider is subject to a 17763
criminal records check. For providers with valid provider 17764
agreements, the information shall be given at times designated in 17765
rules authorized by this section. For providers applying to be 17766
medicaid providers, the information shall be given at the time of 17767
initial application. When the information is given, the department 17768
or the department's designee shall specify the following:17769

       (a) Which of the provider's owners or prospective owners, 17770
officers or prospective officers, or board members or prospective 17771
board members are subject to a criminal records check;17772

       (b) Which of the provider's employees or prospective 17773
employees are subject to division (C)(3) of this section.17774

       (2) At times designated in rules authorized by this section, 17775
a medicaid provider that is a person subject to the criminal 17776
records check requirement shall do the following:17777

       (a) Inform each person specified under division (E)(1)(a) of 17778
this section that the person is required to submit to a criminal 17779
records check as a condition of being an owner, officer, or board 17780
member of the provider;17781

       (b) Inform each person specified under division (E)(1)(b) of 17782
this section that the person is subject to division (C)(3) of this 17783
section.17784

       (F)(1) If a medicaid provider is a person subject to the 17785
criminal records check requirement, the department or the 17786
department's designee shall require the conduct of a criminal 17787
records check by the superintendent of the bureau of criminal 17788
identification and investigation. A medicaid provider shall 17789
require the conduct of a criminal records check by the 17790
superintendent with respect to each of the persons specified under 17791
division (E)(1)(a) of this section. With respect to each employee 17792
and prospective employee specified under division (E)(1)(b) of 17793
this section, a medicaid provider shall do the following:17794

       (a) If rules authorized by this section require the provider 17795
to conduct a database review to determine whether the employee or 17796
prospective employee is included in a database, conduct the 17797
database review in accordance with the rules;17798

       (b) Unless the provider is prohibited by division (D)(3)(b) 17799
of this section from employingretaining the employee or hiring 17800
the prospective employee, require the conduct of a criminal 17801
records check of the employee or prospective employee by the 17802
superintendent.17803

       (2) If a person subject to the criminal records check 17804
requirement does not present proof of having been a resident of 17805
this state for the five-year period immediately prior to the date 17806
the criminal records check is requested or provide evidence that 17807
within that five-year period the superintendent has requested 17808
information about the person from the federal bureau of 17809
investigation in a criminal records check, the responsible entity 17810
shall require the person to request that the superintendent obtain 17811
information from the federal bureau of investigation as part of 17812
the criminal records check of the person. Even if the person 17813
presents proof of having been a resident of this state for the 17814
five-year period, the responsible entity may require that the 17815
person request that the superintendent obtain information from the 17816
federal bureau of investigation and include it in the criminal 17817
records check of the person.17818

       (G) Criminal records checks required by this section shall be 17819
obtained as follows:17820

       (1) The responsible entity shall provide each person subject 17821
to the criminal records check requirement information about 17822
accessing and completing the form prescribed pursuant to division 17823
(C)(1) of section 109.572 of the Revised Code and the standard 17824
impression sheet prescribed pursuant to division (C)(2) of that 17825
section.17826

       (2) The person subject to the criminal records check 17827
requirement shall submit the required form and one complete set of 17828
the person's fingerprint impressions directly to the 17829
superintendent for purposes of conducting the criminal records 17830
check using the applicable methods prescribed by division (C) of 17831
section 109.572 of the Revised Code. The person shall pay all fees 17832
associated with obtaining the criminal records check.17833

       (3) The superintendent shall conduct the criminal records 17834
check in accordance with section 109.572 of the Revised Code. The 17835
person subject to the criminal records check requirement shall 17836
instruct the superintendent to submit the report of the criminal 17837
records check directly to the responsible entity. If the 17838
department or the department's designee is not the responsible 17839
entity, the department or designee may require the responsible 17840
entity to submit the report to the department or designee.17841

       (H)(1) A medicaid provider may employ conditionally hire a 17842
person for whom a criminal records check is required by this 17843
section prior to obtaining the results of the criminal records 17844
check if both of the following apply:17845

       (a) The provider is not prohibited by division (D)(3)(b) of 17846
this section from employinghiring the person.17847

        (b) The person submits a request for the criminal records 17848
check not later than five business days after the provider 17849
conditionally hires the person begins conditional employment.17850

       (2) A medicaid provider that employs a person conditionally 17851
hires a person under division (H)(1) of this section shall 17852
terminate the person's employmentremove the conditionally hired 17853
person from any job duties that require a criminal records check17854
if the results of the criminal records check request are not 17855
obtained within the period ending sixty days after the date the 17856
request is made. Regardless17857

       Regardless of when the results of the criminal records check 17858
are obtained, if the results indicate that the conditionally hired17859
person has been convicted of or has pleaded guilty to a 17860
disqualifying offense, the provider shall terminate the 17861
conditionally hired person's employment unless circumstances 17862
specified in rules authorized by this section exist that permit 17863
the provider to employhire the person and the provider chooses to 17864
employhire the person.17865

       (I) The report of a criminal records check conducted pursuant 17866
to this section is not a public record for the purposes of section 17867
149.43 of the Revised Code and shall not be made available to any 17868
person other than the following:17869

       (1) The person who is the subject of the criminal records 17870
check or the person's representative;17871

       (2) The medicaid director and the staff of the department who 17872
are involved in the administration of the medicaid program;17873

       (3) The department's designee;17874

       (4) The medicaid provider who required the person who is the 17875
subject of the criminal records check to submit to the criminal 17876
records check;17877

        (5) An individual receiving or deciding whether to receive, 17878
from the subject of the criminal records check, home and 17879
community-based services available under the medicaid state plan;17880

       (6) A court, hearing officer, or other necessary individual 17881
involved in a case dealing with any of the following:17882

       (a) The denial or termination of a provider agreement;17883

        (b) A person's denial of employmenthiring of a person or 17884
retention of a person, termination of a person's employment, or a 17885
person's employment or unemployment benefits;17886

       (c) A civil or criminal action regarding the medicaid 17887
program.17888

       (J) The medicaid director may adopt rules under section 17889
5164.02 of the Revised Code to implement this section. If the 17890
director adopts such rules, the rules shall designate the times at 17891
which a criminal records check must be conducted under this 17892
section. The rules may do any of the following:17893

       (1) Designate the categories of persons who are subject to a 17894
criminal records check under this section;17895

        (2) Specify circumstances under which the department or the 17896
department's designee may continue a provider agreement or issue a 17897
provider agreement when the medicaid provider is found by a 17898
criminal records check to have been convicted of,or pleaded 17899
guilty to, or been found eligible for intervention in lieu of 17900
conviction for a disqualifying offense;17901

       (3) Specify circumstances under which a medicaid provider may 17902
permit a person to be hired by, be retained as an employee of, or 17903
be an owner, officer, or board member of the provider when the 17904
person is found by a criminal records check conducted pursuant to 17905
this section to have been convicted of or have pleaded guilty to a 17906
disqualifying offense;17907

       (4) Specify all of the following:17908

       (a) The circumstances under which a database review must be 17909
conducted under division (F)(1)(a) of this section to determine 17910
whether an employee or prospective employee of a medicaid provider 17911
is included in a database;17912

       (b) The procedures for conducting the database review;17913

       (c) The databases that are to be checked;17914

       (d) The circumstances under which a medicaid provider is 17915
prohibited from employingretaining as an employee or hiring a 17916
person who is found by the database review to be included in a 17917
database.17918

       Sec. 5164.342.  (A) As used in this section:17919

        "Applicant" means a person who is under final consideration 17920
for employment withhiring by a waiver agency in a full-time, 17921
part-time, or temporary position that involves providing home and 17922
community-based services.17923

        "Community-based long-term care provider" means a provider as 17924
defined in section 173.39 of the Revised Code.17925

       "Community-based long-term care subcontractor" means a 17926
subcontractor as defined in section 173.38 of the Revised Code.17927

        "Criminal records check" has the same meaning as in section 17928
109.572 of the Revised Code.17929

        "Disqualifying offense" means any of the offenses listed or 17930
described in divisions (A)(3)(a) to (e) of section 109.572 of the 17931
Revised Code.17932

       "Employee" means a person employed by a waiver agency in a 17933
full-time, part-time, or temporary position that involves 17934
providing home and community-based services.17935

       "Waiver agency" means a person or government entity that 17936
provides home and community-based services under a home and 17937
community-based services medicaid waiver component administered by 17938
the department of medicaid, other than such a person or government 17939
entity that is certified under the medicare program. "Waiver 17940
agency" does not mean an independent provider as defined in 17941
section 5164.341 of the Revised Code.17942

       (B) This section does not apply to any individual who is 17943
subject to a database review or criminal records check under 17944
section 3701.881 of the Revised Code. If a waiver agency also is a 17945
community-based long-term care provider or community-based 17946
long-term care subcontractor, the waiver agency may provide for 17947
applicants and employees to undergo database reviews and criminal 17948
records checks in accordance with section 173.38 of the Revised 17949
Code rather than this section.17950

        (C) No waiver agency shall employhire an applicant or 17951
continue to employretain an employee in a position that involves 17952
providing home and community-based services if any of the 17953
following apply:17954

       (1) A review of the databases listed in division (E) of this 17955
section reveals any of the following:17956

       (a) That the applicant or employee is included in one or more 17957
of the databases listed in divisions (E)(1) to (5) of this 17958
section;17959

       (b) That there is in the state nurse aide registry 17960
established under section 3721.32 of the Revised Code a statement 17961
detailing findings by the director of health that the applicant or 17962
employee neglected or abused a long-term care facility or 17963
residential care facility resident or misappropriated property of 17964
such a resident;17965

       (c) That the applicant or employee is included in one or more 17966
of the databases, if any, specified in rules authorized by this 17967
section and the rules prohibit the waiver agency from employing17968
hiring an applicant or continuing to employretaining an employee 17969
included in such a database in a position that involves providing 17970
home and community-based services.17971

       (2) After the applicant or employee is given the information 17972
and notification required by divisions (F)(2)(a) and (b) of this 17973
section, the applicant or employee fails to do either of the 17974
following:17975

       (a) Access, complete, or forward to the superintendent of the 17976
bureau of criminal identification and investigation the form 17977
prescribed to division (C)(1) of section 109.572 of the Revised 17978
Code or the standard impression sheet prescribed pursuant to 17979
division (C)(2) of that section;17980

       (b) Instruct the superintendent to submit the completed 17981
report of the criminal records check required by this section 17982
directly to the chief administrator of the waiver agency.17983

       (3) Except as provided in rules authorized by this section, 17984
the applicant or employee is found by a criminal records check 17985
required by this section to have been convicted of or have pleaded 17986
guilty to a disqualifying offense, regardless of the date of the 17987
conviction or date of entry of the guilty plea.17988

       (D) At the time of each applicant's initial application for 17989
employment inhiring into a position that involves providing home 17990
and community-based services, the chief administrator of a waiver 17991
agency shall inform the applicant of both of the following:17992

       (1) That a review of the databases listed in division (E) of 17993
this section will be conducted to determine whether the waiver 17994
agency is prohibited by division (C)(1) of this section from 17995
employinghiring the applicant ininto the position;17996

       (2) That, unless the database review reveals that the 17997
applicant may not be employed inhired into the position, a 17998
criminal records check of the applicant will be conducted and the 17999
applicant is required to provide a set of the applicant's 18000
fingerprint impressions as part of the criminal records check.18001

       (E) As a condition of employingfor hiring any applicant in18002
into a position that involves providing home and community-based 18003
services, the chief administrator of a waiver agency shall conduct 18004
a database review of the applicant in accordance with rules 18005
authorized by this section. If rules authorized by this section so 18006
require, the chief administrator of a waiver agency shall conduct 18007
a database review of an employee in accordance with the rules as a 18008
condition of continuing to employretaining the employee in a 18009
position that involves providing home and community-based 18010
services. A database review shall determine whether the applicant 18011
or employee is included in any of the following:18012

       (1) The excluded parties list system that is maintained by 18013
the United States general services administration pursuant to 18014
subpart 9.4 of the federal acquisition regulation and available at 18015
the federal web site known as the system for award management;18016

       (2) The list of excluded individuals and entities maintained 18017
by the office of inspector general in the United States department 18018
of health and human services pursuant to the "Social Security 18019
Act," sections 1128 and 1156, 42 U.S.C. 1320a-7 and 1320c-5;18020

       (3) The registry of MR/DD employees established under section 18021
5123.52 of the Revised Code;18022

       (4) The internet-based sex offender and child-victim offender 18023
database established under division (A)(11) of section 2950.13 of 18024
the Revised Code;18025

       (5) The internet-based database of inmates established under 18026
section 5120.66 of the Revised Code;18027

       (6) The state nurse aide registry established under section 18028
3721.32 of the Revised Code;18029

       (7) Any other database, if any, specified in rules authorized 18030
by this section.18031

       (F)(1) As a condition of employingfor hiring any applicant 18032
ininto a position that involves providing home and 18033
community-based services, the chief administrator of a waiver 18034
agency shall require the applicant to request that the 18035
superintendent of the bureau of criminal identification and 18036
investigation conduct a criminal records check of the applicant. 18037
If rules authorized by this section so require, the chief 18038
administrator of a waiver agency shall require an employee to 18039
request that the superintendent conduct a criminal records check 18040
of the employee at times specified in the rules as a condition of 18041
continuing to employfor retaining the employee in a position that 18042
involves providing home and community-based services. However, a 18043
criminal records check is not required for an applicant or 18044
employee if the waiver agency is prohibited by division (C)(1) of 18045
this section from employinghiring the applicant or continuing to 18046
employretaining the employee in a position that involves 18047
providing home and community-based services. If an applicant or 18048
employee for whom a criminal records check request is required by 18049
this section does not present proof of having been a resident of 18050
this state for the five-year period immediately prior to the date 18051
the criminal records check is requested or provide evidence that 18052
within that five-year period the superintendent has requested 18053
information about the applicant or employee from the federal 18054
bureau of investigation in a criminal records check, the chief 18055
administrator shall require the applicant or employee to request 18056
that the superintendent obtain information from the federal bureau 18057
of investigation as part of the criminal records check. Even if an 18058
applicant or employee for whom a criminal records check request is 18059
required by this section presents proof of having been a resident 18060
of this state for the five-year period, the chief administrator 18061
may require the applicant or employee to request that the 18062
superintendent include information from the federal bureau of 18063
investigation in the criminal records check.18064

       (2) The chief administrator shall provide the following to 18065
each applicant and employee for whom a criminal records check is 18066
required by this section:18067

       (a) Information about accessing, completing, and forwarding 18068
to the superintendent of the bureau of criminal identification and 18069
investigation the form prescribed pursuant to division (C)(1) of 18070
section 109.572 of the Revised Code and the standard impression 18071
sheet prescribed pursuant to division (C)(2) of that section;18072

       (b) Written notification that the applicant or employee is to 18073
instruct the superintendent to submit the completed report of the 18074
criminal records check directly to the chief administrator.18075

       (3) A waiver agency shall pay to the bureau of criminal 18076
identification and investigation the fee prescribed pursuant to 18077
division (C)(3) of section 109.572 of the Revised Code for any 18078
criminal records check required by this section. However, a waiver 18079
agency may require an applicant to pay to the bureau the fee for a 18080
criminal records check of the applicant. If the waiver agency pays 18081
the fee for an applicant, it may charge the applicant a fee not 18082
exceeding the amount the waiver agency pays to the bureau under 18083
this section if the waiver agency notifies the applicant at the 18084
time of initial application for employmenthiring into the 18085
position in question of the amount of the fee and that, unless the 18086
fee is paid, the applicant will not be considered for employment18087
the hiring.18088

       (G)(1) A waiver agency may employ conditionally hire an 18089
applicant for whom a criminal records check is required by this 18090
section prior to obtaining the results of the criminal records 18091
check if both of the following apply:18092

       (a) The waiver agency is not prohibited by division (C)(1) of 18093
this section from employinghiring the applicant in a position 18094
that involves providing home and community-based services.18095

        (b) The chief administrator of the waiver agency requires the 18096
applicant to request a criminal records check regarding the 18097
applicant in accordance with division (F)(1) of this section not 18098
later than five business days after the waiver agency 18099
conditionally hires the applicant begins conditional employment.18100

       (2) A waiver agency that employsconditionally hires an 18101
applicant conditionally under division (G)(1) of this section 18102
shall terminate the applicant's employmentremove the 18103
conditionally hired applicant from any job duties that require a 18104
criminal records check if the results of the criminal records 18105
check, other than the results of any request for information from 18106
the federal bureau of investigation, are not obtained within the 18107
period ending sixty days after the date the request for the 18108
criminal records check is made. Regardless18109

       Regardless of when the results of the criminal records check 18110
are obtained, if the results indicate that the conditionally hired18111
applicant has been convicted of or has pleaded guilty to a 18112
disqualifying offense, the waiver agency shall terminate the 18113
conditionally hired applicant's employment unless circumstances 18114
specified in rules authorized by this section exist that permit 18115
the waiver agency to employhire the applicant and the waiver 18116
agency chooses to employhire the applicant.18117

       (H) The report of any criminal records check conducted 18118
pursuant to a request made under this section is not a public 18119
record for the purposes of section 149.43 of the Revised Code and 18120
shall not be made available to any person other than the 18121
following:18122

       (1) The applicant or employee who is the subject of the 18123
criminal records check or the representative of the applicant or 18124
employee;18125

       (2) The chief administrator of the waiver agency that 18126
requires the applicant or employee to request the criminal records 18127
check or the administrator's representative;18128

       (3) The medicaid director and the staff of the department who 18129
are involved in the administration of the medicaid program;18130

       (4) The director of aging or the director's designee if the 18131
waiver agency also is a community-based long-term care provider or 18132
community-based long-term care subcontractor;18133

        (5) An individual receiving or deciding whether to receive 18134
home and community-based services from the subject of the criminal 18135
records check;18136

       (6) A court, hearing officer, or other necessary individual 18137
involved in a case dealing with any of the following:18138

       (a) A denial of employmenthiring of the applicant or of 18139
retention of the employee;18140

       (b) Employment or unemployment benefits of the applicant or 18141
employee;18142

       (c) A civil or criminal action regarding the medicaid 18143
program.18144

       (I) The medicaid director shall adopt rules under section 18145
5164.02 of the Revised Code to implement this section. 18146

       (1) The rules may do the following:18147

       (a) Require employees to undergo database reviews and 18148
criminal records checks under this section;18149

       (b) If the rules require employees to undergo database 18150
reviews and criminal records checks under this section, exempt one 18151
or more classes of employees from the requirements;18152

       (c) For the purpose of division (E)(7) of this section, 18153
specify other databases that are to be checked as part of a 18154
database review conducted under this section.18155

       (2) The rules shall specify all of the following:18156

       (a) The procedures for conducting a database review under 18157
this section;18158

       (b) If the rules require employees to undergo database 18159
reviews and criminal records checks under this section, the times 18160
at which the database reviews and criminal records checks are to 18161
be conducted;18162

       (c) If the rules specify other databases to be checked as 18163
part of a database review, the circumstances under which a waiver 18164
agency is prohibited from employinghiring an applicant or 18165
continuing to employretaining an employee who is found by the 18166
database review to be included in one or more of those databases;18167

        (d) The circumstances under which a waiver agency may employ18168
hire an applicant or retain an employee who is found by a criminal 18169
records check required by this section to have been convicted of 18170
or have pleaded guilty to a disqualifying offense.18171

       (J) The amendments made by H.B. 487 of the 129th general 18172
assembly to this section do not preclude the department of 18173
medicaid from taking action against a person for failure to comply 18174
with former division (H) of this section as that division existed 18175
on the day preceding January 1, 2013.18176

       Sec. 5513.01.  (A) AllThe director of transportation shall 18177
make all purchases of machinery, materials, supplies, or other 18178
articles that the director of transportation makes shall be in the 18179
manner provided in this section. In all cases except those in 18180
which the director provides written authorization for purchases by 18181
district deputy directors of transportation, the director shall 18182
make all such purchases shall be made at the central office of the 18183
department of transportation in Columbus. Before making any 18184
purchase at that office, the director, as provided in this 18185
section, shall give notice to bidders of the director's intention 18186
to purchase. Where the expenditure does not exceed the amount 18187
applicable to the purchase of supplies specified in division (B) 18188
of section 125.05 of the Revised Code, as adjusted pursuant to 18189
division (D) of that section, the director shall give such notice 18190
as the director considers proper, or the director may make the 18191
purchase without notice. Where the expenditure exceeds the amount 18192
applicable to the purchase of supplies specified in division (B) 18193
of section 125.05 of the Revised Code, as adjusted pursuant to 18194
division (D) of that section, the director shall give notice by 18195
posting for not less than ten days a written, typed, or printed 18196
invitation to bidders on a bulletin board, which. The director18197
shall be locatedlocate the notice in a place in the offices 18198
assigned to the department and open to the public during business 18199
hours. Producers18200

       Producers or distributors of any product may notify the 18201
director, in writing, of the class of articles for the furnishing 18202
of which they desire to bid and their post-office addresses, in 18203
which case. In that circumstance, the director shall mail copies 18204
of all invitations to bidders relating to the purchase of such 18205
articles shall be mailed to such persons by the director by 18206
regular first class mail at least ten days prior to the time fixed 18207
for taking bids. The director also may mail copies of all 18208
invitations to bidders to news agencies or other agencies or 18209
organizations distributing information of this character. Requests 18210
for invitations shallare not be valid norand do not require 18211
action by the director unless renewed by the director, either 18212
annually or after such shorter period as the director may 18213
prescribe by a general rule. The18214

       The director shall include in an invitation to bidders shall 18215
contain a brief statement of the general character of the article 18216
that it is intended to purchase, the approximate quantity desired, 18217
and a statement of the time and place where bids will be received, 18218
and may relate to and describe as many different articles as the 18219
director thinks proper, it being the intent and purpose of this 18220
section to authorize the inclusion in a single invitation of as 18221
many different articles as the director desires to invite bids 18222
upon at any given time. InvitationsThe director shall give 18223
invitations issued during each calendar year shall be given18224
consecutive numbers, and ensure that the number assigned to each 18225
invitation shall appearappears on all copies thereof. In all 18226
cases where notice is required by this section, the director shall 18227
require sealed bids shall be taken, on forms prescribed and 18228
furnished by the director, and. The director shall not permit the18229
modification of bids after they have been opened shall not be 18230
permitted.18231

       (B) The director may permit the Ohio turnpike and 18232
infrastructure commission, any political subdivision, and any 18233
state university or college to participate in contracts into which 18234
the director has entered for the purchase of machinery, materials, 18235
supplies, or other articles. The turnpike and infrastructure 18236
commission and any political subdivision or state university or 18237
college desiring to participate in such purchase contracts shall 18238
file with the director a certified copy of the bylaws or rules of 18239
the turnpike and infrastructure commission or the ordinance or 18240
resolution of the legislative authority, board of trustees, or 18241
other governing board requesting authorization to participate in 18242
such contracts and agreeing to be bound by such terms and 18243
conditions as the director prescribes. Purchases made by the 18244
turnpike and infrastructure commission, political subdivisions, or 18245
state universities or colleges under this division are exempt from 18246
any competitive bidding required by law for the purchase of 18247
machinery, materials, supplies, or other articles.18248

       (C) As used in this section:18249

       (1) "Political subdivision" means any county, township, 18250
municipal corporation, conservancy district, township park 18251
district, park district created under Chapter 1545. of the Revised 18252
Code, port authority, regional transit authority, regional airport 18253
authority, regional water and sewer district, county transit 18254
board, or school district as defined in section 5513.04 of the 18255
Revised Code, regional planning commission formed under section 18256
713.21 of the Revised Code, regional council of government formed 18257
under section 167.01 of the Revised Code, or other association of 18258
local governments established pursuant to an agreement under 18259
sections 307.14 to 307.19 of the Revised Code.18260

       (2) "State university or college" has the same meaning as in 18261
division (A)(1) of section 3345.32 of the Revised Code.18262

       (3) "Ohio turnpike and infrastructure commission" means the 18263
commission created by section 5537.02 of the Revised Code.18264

       Sec. 5713.012.  (A) For purposes of this section:18265

        (1) "Mass appraisal project" means any sexennial reappraisal, 18266
triennial update, or other revaluation of all real property or the 18267
valuation of newly constructed real property in accordance with 18268
section 5713.01 of the Revised Code. 18269

       (2) "Qualified project manager" means a person who plans, 18270
manages, coordinates, and controls the execution of a mass 18271
appraisal project under the direction of the county auditor and 18272
who has all of the following qualifications:18273

       (a) Has passed a comprehensive final examination that 18274
corresponds to a course, approved by the superintendent of real 18275
estate and professional licensing, that consists of at least 18276
thirty hours of instruction, quizzes, and learning aids. The 18277
superintendent shall not approve a course under this division that 18278
does not address the following topics in both the instruction and 18279
the examination:18280

        (i) Concepts and principles of mass appraisal as they relate 18281
to the assessment of real property for the purposes of ad valorem 18282
taxation;18283

       (ii) Methods of data collection and data management relative 18284
to parcels of real property, including modern alternative data 18285
collection methods and currently utilized computer-assisted mass 18286
appraisal systems;18287

       (iii) Assessment sales-ratio study including various measures 18288
of central tendency, the various measures of dispersion of data 18289
about the mean, median, and dollar-weighted mean, and the 18290
advantages and disadvantages of various analysis techniques;18291

       (iv) Traditional approaches of property valuation, including 18292
the cost approach, the sales comparison approach, and the income 18293
approach, as they are implemented in a mass appraisal project;18294

       (v) Methods and systems for model building and model 18295
calibration as related to mass appraisal of real property;18296

       (vi) Methods of production management and project analysis 18297
such as Gantt charts, program evaluation and review technique 18298
(PERT) charts, frequency distribution charts, line graphs, bar 18299
charts, and scatter diagrams, as they are utilized in the mass 18300
appraisal area.18301

       (b) Has completed at least seven hours of continuing 18302
education courses in mass appraisal during the two-year period 18303
immediately succeeding the year in which the person passed the 18304
examination required in division (A)(2)(a) of this section, and 18305
during each two-year period thereafter.18306

        (B)(1) The county auditor, in acting as the assessor of all 18307
real property in the auditor's county for taxation purposes in 18308
accordance with section 5713.01 of the Revised Code, shall involve 18309
at least one qualified project manager in each mass assessment18310
appraisal project that originates more than two years after the 18311
effective date of the enactment of this section by H.B. 487 of the 18312
129th general assembly, September 10, 2012.18313

       (2) The tax commissioner, beginning two years after the 18314
effective date of the enactment of this section by H.B. 487 of the 18315
129th general assembly, September 10, 2012, shall not approve any 18316
contract entered into by the auditor under division (E) of section 18317
5713.01 of the Revised Code, with a person to do all or any part 18318
of the work necessary to the performance of the auditor's duties 18319
as assessor unless that person designates an officer or employee 18320
of that person, with the appropriate credentials, to act as a 18321
qualified project manager. 18322

       (3) The tax commissioner, beginning two years after the 18323
effective date of the enactment of this section by H.B. 487 of the 18324
129th general assembly, September 10, 2012, shall not include any 18325
person that has not designated an officer or employee, with the 18326
appropriate credentials, to act as a qualified project manager on 18327
a list generated by the commissioner for either of the following 18328
purposes:18329

       (a) To assist county auditors in selecting a person to do all 18330
or any part of the work necessary to the performance of the 18331
auditor's duties as assessor of all real property under section 18332
5713.01 of the Revised Code;18333

       (b) To assist the commissioner in the consideration of 18334
whether to approve or disapprove the auditor's application 18335
requesting authority to employ an appraisal firm or individual 18336
appraiser.18337

       (C) The superintendent of real estate and professional 18338
licensing shall adopt reasonable rules in accordance with Chapter 18339
119. of the Revised Code necessary for the implementation of this 18340
section, including rules establishing all of the following:18341

        (1) The form and manner by which persons may apply to the 18342
superintendent to offer a thirty-hour course or continuing 18343
education course as described in division (A)(2) of this section; 18344

       (2) Standards to be used by the superintendent in approving a 18345
thirty-hour course or continuing education course described in 18346
division (A)(2) of this section; 18347

       (3) Standards to be used in determining whether a person has 18348
successfully completed the examination and continuing education 18349
requirements described in division (A)(2) of this section;18350

        (4) The method and deadlines for transmitting to the tax 18351
commissioner all information necessary for the commissioner to 18352
determine a person's eligibility for inclusion on the 18353
commissioner's list of qualified project managers. 18354

       Section 101.02. That existing sections 7.10, 7.16, 9.482, 18355
109.572, 109.5721, 111.15, 119.03, 122.121, 122.861, 124.32, 18356
125.13, 125.182, 126.21, 126.25, 149.38, 153.56, 164.26, 173.27, 18357
173.38, 191.01, 340.02, 340.021, 1321.535, 1321.55, 1322.03, 18358
1322.031, 1322.04, 1322.041, 1322.051, 1322.06, 1509.071, 1533.10, 18359
1533.11, 1533.12, 1711.50, 1711.53, 2151.417, 2151.421, 2152.19, 18360
2701.09, 2945.402, 3123.89, 3313.90, 3313.91, 3314.08, 3317.02, 18361
3317.0217, 3701.132, 3701.34, 3701.74, 3701.83, 3701.881, 18362
3702.511, 3702.52, 3702.526, 3702.71, 3702.74, 3702.75, 3702.91, 18363
3702.95, 3730.09, 3737.02, 4141.01, 4141.09, 4141.11, 4141.131, 18364
4141.20, 4141.25, 4141.26, 4141.28, 4141.29, 4141.35, 4511.191, 18365
4729.03, 4729.54, 4729.83, 4737.045, 4758.01, 4758.02, 4758.06, 18366
4758.16, 4758.20, 4758.21, 4758.23, 4758.24, 4758.26, 4758.28, 18367
4758.29, 4758.30, 4758.31, 4758.35, 4758.36, 4758.50, 4758.51, 18368
4758.60, 4758.71, 4781.121, 4781.29, 4905.01, 4905.81, 4905.95, 18369
4923.01, 4923.02, 4923.04, 4928.66, 5104.03, 5123.01, 5123.011, 18370
5123.012, 5123.081, 5123.16, 5123.162, 5123.169, 5123.19, 18371
5123.191, 5123.21, 5123.61, 5123.75, 5123.76, 5123.89, 5124.01, 18372
5124.106, 5124.21, 5124.60, 5124.61, 5124.62, 5124.67, 5126.01, 18373
5126.0219, 5126.041, 5126.046, 5126.051, 5126.08, 5126.21, 18374
5126.25, 5126.42, 5126.43, 5126.45, 5139.05, 5139.34, 5139.36, 18375
5139.41, 5164.34, 5164.342, 5513.01, and 5713.012 of the Revised 18376
Code are hereby repealed.18377

       Section 105.01. That sections 3125.191, 3702.93, 5124.63, and 18378
5124.64 of the Revised Code are hereby repealed.18379

       Section 503.10.  APPROPRIATIONS RELATED TO GRANT 18380
RECONCILIATION AND CLOSE-OUT18381

       If, pursuant to the reconciliation and close-out process for 18382
a grant received by a state agency, an amount is identified as 18383
both unspent and requiring remittance to the grantor, the director 18384
of the agency may request the Director of Budget and Management to 18385
authorize additional expenditures to return the unspent cash to 18386
the grantor. Upon approval of the Director of Budget and 18387
Management, the additional amounts are hereby appropriated.18388

       Section 503.20. (A) As used in this section, "participating 18389
private party" means any person or private entity that is allowed 18390
to request a criminal records check pursuant to division (A)(2) or 18391
(3) of section 109.572 of the Revised Code.18392

       (B) In addition to the authority granted by section 109.5721 18393
of the Revised Code, the Superintendent of the Bureau of Criminal 18394
Identification and Investigation may operate the retained 18395
applicant fingerprint database established by that section and 18396
take any other actions the Superintendent determines is necessary 18397
in response to requests made by a participating private party 18398
pursuant to division (A)(2) or (3) of section 109.572 of the 18399
Revised Code.18400

       (C) In connection with a request made pursuant to division 18401
(A)(2) or (3) of section 109.572 of the Revised Code, a 18402
participating private party may take any action permitted to be 18403
taken by a participating public office and shall take any action 18404
required to be taken by a participating public office pursuant to 18405
section 109.5721 of the Revised Code.18406

       (D) The Director of Budget and Management may authorize 18407
expenditures from appropriation item 651680 Health Care Grants – 18408
Federal, to pay for costs associated with the administration of 18409
the Medicaid program, including the development of the retained 18410
applicant fingerprint database, in response to requests made in 18411
accordance with section 109.5721 and division (A)(2) or (3) of 18412
section 109.572 of the Revised Code. 18413

       Section 503.30.  CLEAN OHIO CONSERVATION GRANT REPAYMENTS18414

       Any grant repayment received by the Public Works Commission 18415
and deposited into the Clean Ohio Conservation Fund (Fund 7056) 18416
pursuant to section 164.261 of the Revised Code is hereby 18417
appropriated in appropriation item C15060, Clean Ohio 18418
Conservation.18419

       Section 509.10. REESTABLISHING ENCUMBRANCES THAT USE OUTDATED 18420
EXPENSE ACCOUNT CODES18421

       On or after January 1, 2015, should the Director of Budget 18422
and Management elect to update expense account codes pursuant to 18423
the authority granted in division (A)(2) of section 126.21 of the 18424
Revised Code, the Director may cancel any existing operating or 18425
capital encumbrances from prior fiscal years that reference 18426
outdated expense account codes and, if needed, reestablish them 18427
against the same appropriation items referencing updated expense 18428
account codes. The reestablished encumbrance amounts are hereby 18429
appropriated. Any business commenced but not completed under the 18430
prior encumbrances by January 1, 2015, shall be completed under 18431
the new encumbrances in the same manner and with the same effect 18432
as if it was completed with regard to the old encumbrances. 18433

       Section 509.20. The Department of Natural Resources is hereby 18434
authorized, pursuant to and consistent with the requirements of 18435
Chapter 127. of the Revised Code, to use moneys appropriated to it 18436
from the Ohio Parks and Natural Resources Fund (Fund 7031) and the 18437
Parks and Recreation Improvement Fund (Fund 7035) for capital 18438
projects, including, but not limited to, improvements or 18439
renovations on land or property owned by the department but used 18440
and operated, under a lease or other agreement, by an entity other 18441
than the department. No moneys shall be released under the 18442
authority of this section until the Director of Natural Resources 18443
has certified in writing to the Director of the Office of Budget 18444
and Management that the project will enhance the use and enjoyment 18445
of Ohio's state parks and natural resources.18446

       Section 512.10. On July 1, 2014, or as soon as possible 18447
thereafter, the Director of Budget and Management shall transfer 18448
the cash balance in the Education Endowment Fund (Fund P087) to 18449
the Education Facilities Trust Fund (Fund N087). Upon completion 18450
of the transfer, Fund P087 is abolished.18451

       Section 512.20. On July 1, 2014, or as soon as possible 18452
thereafter, the Director of Budget and Management shall transfer 18453
the cash balance in the Healthcare Services Fund (Fund 3W50), 18454
Healthy Ohioans Initiatives Fund (Fund 5BL0), Alcohol Testing 18455
Program Fund (Fund 5C00), TANF Family Planning Fund (Fund 5C10), 18456
Poison Control Fund (Fund 5CB0), Sewage Treatment System 18457
Innovation Fund (Fund 5CJ0), and the Health Emergency Fund (Fund 18458
5EC0) to the General Revenue Fund. Upon the completion of these 18459
transfers, Fund 3W50, Fund 5BL0, Fund 5C00, Fund 5C10, Fund 5CB0, 18460
Fund 5CJ0, and Fund 5EC0 are abolished.18461

       Section 512.30. ABOLISHMENT OF INACTIVE FUNDS USED BY THE 18462
DEPARTMENT OF JOB AND FAMILY SERVICES18463

       Within ninety days of the effective date of this section, or 18464
as soon as possible thereafter, the Director of Budget and 18465
Management shall transfer all cash in the following funds to the 18466
Administration and Operating Fund (Fund 5DM0) used by the 18467
Department of Job and Family Services: 18468

       The State and Local Training Fund (Fund 3160), 18469

       The Job Training Program Fund (Fund 3650), 18470

       The Income Maintenance Reimbursement Fund (Fund 3A10), 18471

       The ABD Managed Care – Federal Fund (Fund 3AZ0),18472

       The Children's Hospitals – Federal Fund (Fund 3BB0), 18473

       The Ford Foundation Reimbursement Fund (Fund 3G90),18474

       The TANF – Employment & Training Fund (Fund 3S90), 18475

       The HIPPY Program Fund (Fund 3W80), 18476

       The Adoption Connection Fund (Fund 3W90),18477

       The Interagency Programs Fund (Fund 4G10),18478

       The Welfare Overpayment Intercept Fund (Fund 4K70),18479

       The Wellness Block Grant Fund (Fund 4N70),18480

       The Banking Fees Fund (Fund 4R30),18481

       The BCII Service Fees Fund (Fund 4R40),18482

       The Child Support Activities Fund (Fund 4V20),18483

       The BES Automation Administration Fund (Fund 5A50),18484

       The Public Assistance Reconciliation Fund (Fund 5AX0),18485

       The Child Support Operating Fund (Fund 5BE0),18486

       The ABD Managed Care – State Fund (Fund 5BZ0),18487

       The Private Child Care Agencies Training Fund (Fund 5E40),18488

       The EBT Contracted Services Fund (Fund 5E50),18489

       The State Option Food Stamp Program Fund (Fund 5E60),18490

       The BES Building Consolidation Fund (Fund 5F20),18491

       The BES Building Enhancement Fund (Fund 5F30),18492

       The Commission on Fatherhood Fund (Fund 5G30),18493

       The Child & Adult Protective Services Fund (Fund 5GV0),18494

       The Child Support Supplement Fund (Fund 5K60),18495

       The OhioWorks Supplement Fund (Fund 5L40),18496

       The County Technologies Fund (Fund 5N10),18497

       The TANF Child Welfare Fund (Fund 5P40),18498

       The Medicaid Admin Reimbursement Fund (Fund 5P60),18499

       The Child Support Special Payment Fund (Fund 5T20),18500

       The Federal Fiscal Relief Fund (Fund 5Y90),18501

       The Health Care Grants Fund (Fund 5Z50),18502

       The TANF QC Reinvestment Fund (Fund 5Z90),18503

       The Third Party Recoveries Fund (Fund 6000),18504

       The Training Activities Fund (Fund 6130), and18505

       The Ford Foundation Fund (Fund 6A70).18506

Upon completion of the transfers, all the aforementioned funds 18507
listed in this section (except Fund 5DM0) are hereby abolished.18508

       Within ninety days after the effective date of this section, 18509
or as soon as possible thereafter, the Director of Budget and 18510
Management shall transfer all cash in the OhioCare Fund (Fund 18511
4X30), the Human Services Stabilization Fund (Fund 4Z70), and the 18512
Managed Care Assessment Fund (Fund 5BG0) to the General Revenue 18513
Fund. Upon completion of the transfers, Fund 4X30, Fund 4Z70, and 18514
Fund 5BG0 are hereby abolished.18515

       Section 512.40. On July 1, 2014, or as soon as possible 18516
thereafter, the Director of Budget and Management shall transfer 18517
the cash balance in the Nursing Facility Technical Assistance Fund 18518
(Fund 5L10), to the Residents Protection Fund (Fund 4E30). Upon 18519
completion of the transfer, Fund 5L10 is abolished.18520

       Section 610.20. That Sections 207.10, 209.30, 211.10, 221.10, 18521
241.10, 257.10, 259.10, 263.10, 263.230, 263.240, 263.250, 18522
263.270, 263.325, 275.10, 282.10, 282.30, 285.10, 285.20, 301.10, 18523
327.10, 333.10, 333.80, 340.10, 359.10, 363.10, 365.10, 395.10, 18524
403.10, 512.80, and 751.10 of Am. Sub. H.B. 59 of the 130th 18525
General Assembly be amended to read as follows:18526

       Sec. 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES18527

General Revenue Fund18528

GRF 100403 Public Employees Health Care Program $ 309,600 $ 309,600 18529
GRF 100414 MARCS Lease Rental Payments $ 5,133,700 $ 5,135,800 18530
GRF 100415 OAKS Lease Rental Payments $ 22,998,500 $ 22,982,500 18531
GRF 100416 STARS Lease Rental Payments $ 4,976,500 $ 4,973,200 18532
GRF 100447 Administrative Building Lease Rental Payments $ 85,847,800 83,847,800 $ 91,059,600 18533
GRF 100448 Office Building Operating Payments $ 20,000,000 $ 20,000,000 18534
GRF 100449 DAS - Building Operating Payments $ 7,551,571 $ 7,551,571 18535
GRF 100452 Lean Ohio $ 1,059,624 $ 1,059,624 18536
GRF 100456 State IT Services $ 1,739,038 $ 1,739,038 18537
GRF 100457 Equal Opportunity Services $ 1,910,516 $ 1,910,516 18538
GRF 100459 Ohio Business Gateway $ 4,049,094 $ 4,049,094 18539
GRF 130321 State Agency Support Services $ 2,477,008 $ 2,477,008 18540
TOTAL GRF General Revenue Fund $ 158,052,951 156,052,951 $ 163,247,551 18541

General Services Fund Group18542

1120 100616 DAS Administration $ 6,127,659 $ 6,147,659 18543
1150 100632 Central Service Agency $ 911,580 $ 927,699 18544
1170 100644 General Services Division - Operating $ 12,993,870 $ 12,993,870 18545
1220 100637 Fleet Management $ 4,200,000 $ 4,200,000 18546
1250 100622 Human Resources Division - Operating $ 17,749,839 $ 17,749,839 18547
1250 100657 Benefits Communication $ 712,316 $ 712,316 18548
1280 100620 Office of Collective Bargaining $ 3,329,507 $ 3,329,507 18549
1300 100606 Risk Management Reserve $ 6,635,784 $ 6,635,784 18550
1320 100631 DAS Building Management $ 19,343,170 $ 19,343,170 18551
1330 100607 IT Services Delivery $ 57,521,975 $ 57,521,975 18552
1880 100649 Equal Opportunity Division - Operating $ 863,013 $ 863,013 18553
2100 100612 State Printing $ 20,459,526 $ 20,459,526 18554
2290 100630 IT Governance $ 16,446,474 $ 16,446,474 18555
2290 100640 Leveraged Enterprise Purchases $ 7,065,639 $ 7,065,639 18556
4270 100602 Investment Recovery $ 1,618,062 $ 1,638,515 18557
4N60 100617 Major IT Purchases $ 56,888,635 $ 56,888,635 18558
4P30 100603 DAS Information Services $ 6,400,070 $ 6,400,070 18559
5C20 100605 MARCS Administration $ 14,292,596 $ 14,512,028 18560
5C30 100608 Minor Construction Project Management $ 1,004,375 $ 1,004,375 18561
5EB0 100635 OAKS Support Organization $ 25,813,077 $ 19,813,077 18562
5EB0 100656 OAKS Updates and Developments $ 9,886,923 $ 2,636,923 18563
5HU0 100655 Construction Reform Demo Compliance $ 150,000 $ 150,000 18564
5KZ0 100659 Building Improvement $ 500,000 $ 500,000 18565
5L70 100610 Professional Development $ 2,100,000 $ 2,100,000 18566
5LA0 100660 Building Operation $ 26,600,767 $ 26,814,648 18567
5LJ0 100661 IT Development $ 13,200,000 $ 13,200,000 18568
5V60 100619 Employee Educational Development $ 800,000 $ 800,000 18569
TOTAL GSF General Services Fund 18570
Group $ 333,614,857 $ 320,854,742 18571

Federal Special Revenue Fund Group18572

3AJ0 100654 ARRA Broadband Mapping Grant $ 1,723,009 $ 1,723,009 18573
TOTAL FED Federal Special Revenue 18574
Fund Group $ 1,723,009 $ 1,723,009 18575

State Special Revenue Fund Group18576

5JQ0 100658 Professionals Licensing System $ 3,028,366 $ 990,000 18577
5MV0 100662 Theater Equipment Maintenance $ 80,891 $ 80,891 18578
5NM0 100663 911 Program $ 290,000 $ 290,000 18579
TOTAL SSR State Special Revenue 18580
Fund Group $ 3,399,257 $ 1,360,891 18581
TOTAL ALL BUDGET FUND GROUPS $ 496,790,074 494,790,074 $ 487,186,193 18582


       Sec. 209.30.  LONG-TERM CARE OMBUDSMAN18584

       The foregoing appropriation item 490410, Long-Term Care 18585
Ombudsman, shall be used to fund ombudsman program activities as 18586
authorized in sections 173.14 to 173.27 and section 173.99 of the 18587
Revised Code.18588

       The State Ombudsman may explore the design of a payment 18589
method for the Ombudsman Program that includes a 18590
pay-for-performance incentive component that is earned by 18591
designated regional long-term care ombudsman programs. 18592

       MYCARE OHIO18593

       The foregoing appropriation items 490410, Long-Term Care 18594
Ombudsman, 490618, Federal Aging Grants, 490612, Federal 18595
Independence Services, 490609, Regional Long-Term Care Ombudsman 18596
Program, and 490620, Ombudsman Support, may be used by the Office 18597
of the State Long-Term Care Ombudsman to provide ombudsman program 18598
activities as described in sections 173.14 to 173.27 and section 18599
173.99 of the Revised Code to consumers participating in MyCare 18600
Ohio.18601

       SENIOR COMMUNITY SERVICES18602

       The foregoing appropriation item 490411, Senior Community 18603
Services, shall be used for services designated by the Department 18604
of Aging, including, but not limited to, home-delivered and 18605
congregate meals, transportation services, personal care services, 18606
respite services, adult day services, home repair, care 18607
coordination, prevention and disease self-management, and decision 18608
support systems. Service priority shall be given to low income, 18609
frail, and cognitively impaired persons 60 years of age and over. 18610
The department shall promote cost sharing by service recipients 18611
for those services funded with senior community services funds, 18612
including, when possible, sliding-fee scale payment systems based 18613
on the income of service recipients.18614

       ALZHEIMER'S RESPITE18615

       The foregoing appropriation item 490414, Alzheimer's Respite, 18616
shall be used to fund only Alzheimer's disease services under 18617
section 173.04 of the Revised Code.18618

       NATIONAL SENIOR SERVICE CORPS18619

       The foregoing appropriation item 490506, National Senior 18620
Service Corps, shall be used by the Department of Aging to fund 18621
grants for three Corporation for National and Community 18622
Service/Senior Corps programs: the Foster Grandparents Program, 18623
the Senior Companion Program, and the Retired Senior Volunteer 18624
Program. A recipient of these grant funds shall use the funds to 18625
support priorities established by the Department and the Ohio 18626
State Office of the Corporation for National and Community 18627
Service. The expenditure of these funds by any grant recipient 18628
shall be in accordance with Senior Corps policies and procedures, 18629
as stated in the Domestic Volunteer Service Act of 1973, as 18630
amended. Neither the Department nor any area agencies on aging 18631
that are involved in the distribution of these funds to 18632
lower-tiered grant recipients may use any portion of these funds 18633
to cover administrative costs. 18634

       SENIOR COMMUNITY OUTREACH AND EDUCATION18635

       The foregoing appropriation item 490606, Senior Community 18636
Outreach and Education, may be used to provide training to workers 18637
in the field of aging pursuant to division (G) of section 173.02 18638
of the Revised Code.18639

       TRANSFER OF APPROPRIATIONS - FEDERAL INDEPENDENCE SERVICES 18640
AND FEDERAL AGING GRANTS18641

       At the request of the Director of Aging, the Director of 18642
Budget and Management may transfer appropriation between 18643
appropriation items 490612, Federal Independence Services, and 18644
490618, Federal Aging Grants. The amounts transferred shall not 18645
exceed 30 per cent of the appropriation from which the transfer is 18646
made. Any transfers shall be reported by the Department of Aging 18647
to the Controlling Board at the next scheduled meeting of the 18648
board.18649

       REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM18650

       The foregoing appropriation item 490609, Regional Long-Term 18651
Care Ombudsman Program, shall be used to pay the costs of 18652
operating the regional long-term care ombudsman programs 18653
designated by the State Long-Term Care Ombudsman.18654

       TRANSFER OF RESIDENT PROTECTION FUNDS18655

       In each fiscal year, the Director of Budget and Management 18656
may transfer up to $1,250,000 cash from the Resident Protection 18657
Fund (Fund 4E30), which is used by the Department of Medicaid, to 18658
the Ombudsman Support Fund (Fund 5BA0), which is used by the 18659
Department of Aging.18660

       The Director of Aging and the Office of the State Long-Term 18661
Care Ombudsman may use moneys in the Ombudsman Support Fund (Fund 18662
5BA0) to implement a nursing home quality initiative as specified 18663
in section 173.60 of the Revised Code.18664

       LONG-TERM CARE CONSUMERS GUIDE18665

        The foregoing appropriation item 490613, Long-Term Care 18666
Consumers Guide, shall be used to conduct annual consumer 18667
satisfaction surveys and to pay for other administrative expenses 18668
related to the publication of the Ohio Long-Term Care Consumer 18669
Guide.18670

       CASH TRANSFER FROM THE GENERAL OPERATIONS FUND TO THE BOARD 18671
OF EXECUTIVES OF LONG-TERM SERVICES AND SUPPORTS FUND18672

       On July 1, 2013, or as soon as possible thereafter, the 18673
Director of Health shall certify to the Director of Budget and 18674
Management the cash balance relating to the Board of Examiners of 18675
Nursing Home Administrators in the General Operations Fund (Fund 18676
4700), used by the Department of Health. Upon receiving this 18677
certification, the Director of Budget and Management may transfer 18678
this cash from the General Operations Fund (Fund 4700) to the 18679
Board of Executives of Long-Term Services and Supports Fund (Fund 18680
5MT0), used by the Department of Aging. If this transfer occurs, 18681
the Director of Budget and Management shall cancel any existing 18682
encumbrances pertaining to the Board of Examiners of Nursing Home 18683
Administrators against appropriation item 440647, Fee Supported 18684
Programs, and re-establish them against appropriation item 490627, 18685
Board of Executives of LTSS. The re-established encumbrance 18686
amounts are hereby appropriated.18687

       Sec. 211.10. AGR DEPARTMENT OF AGRICULTURE18688

General Revenue Fund18689

GRF 700401 Animal Disease Control $ 3,936,687 $ 3,936,687 18690
GRF 700403 Dairy Division $ 1,088,115 $ 1,088,115 18691
GRF 700404 Ohio Proud $ 50,000 $ 50,000 18692
GRF 700406 Consumer Analytical Lab $ 1,287,556 $ 1,287,556 18693
GRF 700407 Food Safety $ 848,792 $ 848,792 18694
GRF 700409 Farmland Preservation $ 72,750 $ 72,750 18695
GRF 700412 Weights and Measures $ 600,000 $ 600,000 18696
GRF 700415 Poultry Inspection $ 592,978 $ 592,978 18697
GRF 700418 Livestock Regulation Program $ 1,108,071 $ 1,108,071 1,259,484 18698
GRF 700424 Livestock Testing and Inspections $ 102,770 $ 102,770 18699
GRF 700426 Dangerous and Restricted Animals $ 800,000 $ 800,000 18700
GRF 700427 High Volume Breeder Kennel Control $ 400,000 $ 200,000 18701
GRF 700499 Meat Inspection Program - State Share $ 4,175,097 $ 4,175,097 18702
GRF 700501 County Agricultural Societies $ 391,415 $ 391,415 18703
TOTAL GRF General Revenue Fund $ 15,454,231 $ 15,254,231 15,405,644 18704

General Services Fund Group18705

5DA0 700644 Laboratory Administration Support $ 1,115,000 $ 1,115,000 18706
5GH0 700655 Central Support Indirect Cost $ 4,368,013 $ 4,404,073 18707
TOTAL GSF General Services Fund Group $ 5,483,013 $ 5,519,073 18708

Federal Special Revenue Fund Group18709

3260 700618 Meat Inspection Program - Federal Share $ 4,450,000 $ 4,450,000 18710
3360 700617 Ohio Farm Loan Revolving Fund $ 150,000 $ 150,000 18711
3820 700601 Cooperative Contracts $ 4,500,000 $ 4,500,000 18712
3AB0 700641 Agricultural Easement $ 1,000,000 $ 1,000,000 18713
3J40 700607 Indirect Cost $ 1,100,000 $ 1,100,000 18714
3R20 700614 Federal Plant Industry $ 1,606,000 $ 1,606,000 18715
TOTAL FED Federal Special Revenue 18716
Fund Group $ 12,806,000 $ 12,806,000 18717

State Special Revenue Fund Group18718

4900 700651 License Plates - Sustainable Agriculture $ 10,000 $ 10,000 18719
4940 700612 Agricultural Commodity Marketing Program $ 218,000 $ 213,000 18720
4960 700626 Ohio Grape Industries $ 970,000 $ 970,000 18721
4970 700627 Commodity Handlers Regulatory Program $ 482,672 $ 482,672 18722
4C90 700605 Commercial Feed and Seed $ 1,760,000 $ 1,760,000 18723
4D20 700609 Auction Education $ 35,000 $ 35,000 18724
4E40 700606 Utility Radiological Safety $ 130,000 $ 130,000 18725
4P70 700610 Food Safety Inspection $ 1,017,328 $ 1,017,328 18726
4R00 700636 Ohio Proud Marketing $ 45,500 $ 45,500 18727
4R20 700637 Dairy Industry Inspection $ 1,738,247 $ 1,738,247 18728
4T60 700611 Poultry and Meat Inspection $ 120,000 $ 120,000 18729
5780 700620 Ride Inspection Fees $ 1,175,142 $ 1,175,142 18730
5880 700633 Brand Registration $ 5,000 $ 5,000 18731
5B80 700629 Auctioneers $ 340,000 $ 340,000 18732
5CP0 700652 License Plate Scholarships $ 10,000 $ 10,000 18733
5FC0 700648 Plant Pest Program $ 1,190,000 $ 1,190,000 18734
5H20 700608 Metrology Lab and Scale Certification $ 552,000 $ 552,000 18735
5L80 700604 Livestock Management Program $ 145,000 $ 145,000 18736
5MA0 700657 Dangerous and Restricted Animals $ 195,000 $ 195,000 18737
6520 700634 Animal and Consumer Analytical Laboratory $ 4,966,383 $ 4,966,383 18738
6690 700635 Pesticide, Fertilizer, and Lime Inspection Program $ 3,418,041 $ 3,418,041 18739
TOTAL SSR State Special Revenue 18740
Fund Group $ 18,523,313 $ 18,518,313 18741

Clean Ohio Conservation Fund Group18742

7057 700632 Clean Ohio Agricultural Easement $ 310,000 $ 310,000 18743
TOTAL CLF Clean Ohio Conservation Fund Group $ 310,000 $ 310,000 18744

TOTAL ALL BUDGET FUND GROUPS $ 52,576,557 $ 52,407,617 52,559,030 18745

       DANGEROUS AND RESTRICTED WILD ANIMALS18746

       The foregoing GRF appropriation item 700426, Dangerous and 18747
Restricted Animals, shall be used to administer the Dangerous and 18748
Restricted Wild Animal Permitting Program.18749

       COUNTY AGRICULTURAL SOCIETIES18750

       The foregoing appropriation item 700501, County Agricultural 18751
Societies, shall be used to reimburse county and independent 18752
agricultural societies for expenses related to Junior Fair 18753
activities.18754

       CLEAN OHIO AGRICULTURAL EASEMENT18755

       The foregoing appropriation item 700632, Clean Ohio 18756
Agricultural Easement, shall be used by the Department of 18757
Agriculture in administering Ohio Agricultural Easement Fund (Fund 18758
7057) projects pursuant to sections 901.21, 901.22, and 5301.67 to 18759
5301.70 of the Revised Code.18760

       Sec. 221.10. AGO ATTORNEY GENERAL18761

General Revenue Fund18762

GRF 055321 Operating Expenses $ 42,514,169 $ 43,114,169 18763
GRF 055405 Law-Related Education $ 100,000 $ 100,000 18764
GRF 055407 Tobacco Settlement Enforcement $ 1,500,000 $ 1,500,000 0 18765
GRF 055411 County Sheriffs' Pay Supplement $ 757,921 $ 757,921 18766
GRF 055415 County Prosecutors' Pay Supplement $ 831,499 $ 831,499 18767
GRF 055501 Rape Crisis Centers $ 1,000,000 $ 1,000,000 18768
TOTAL GRF General Revenue Fund $ 46,703,589 $ 47,303,589 45,803,589 18769

General Services Fund Group18770

1060 055612 General Reimbursement Attorney General Operating $ 54,806,192 $ 55,820,716 18771
1950 055660 Workers' Compensation Section $ 8,415,504 $ 8,415,504 18772
4180 055615 Charitable Foundations $ 8,286,000 $ 8,286,000 18773
4200 055603 Attorney General Antitrust $ 1,839,074 $ 1,839,074 18774
4210 055617 Police Officers' Training Academy Fee $ 500,000 $ 500,000 18775
4Z20 055609 BCI Asset Forfeiture and Cost Reimbursement $ 1,000,000 $ 1,000,000 18776
5900 055633 Peace Officer Private Security Fund $ 79,438 $ 95,325 18777
5A90 055618 Telemarketing Fraud Enforcement $ 45,000 $ 10,000 18778
5L50 055619 Law Enforcement Assistance Program $ 375,255 $ 187,627 18779
5LR0 055655 Peace Officer Training - Casino $ 4,629,409 $ 4,629,409 18780
5MP0 055657 Peace Officer Training Commission $ 25,000 $ 25,000 18781
6310 055637 Consumer Protection Enforcement $ 6,700,000 $ 6,834,000 18782
TOTAL GSF General Services Fund 18783
Group $ 86,700,872 $ 87,642,655 18784

Federal Special Revenue Fund Group18785

3060 055620 Medicaid Fraud Control $ 4,537,408 $ 4,628,156 18786
3810 055611 Civil Rights Legal Service $ 75,000 $ 35,574 18787
3830 055634 Crime Victims Assistance $ 15,000,000 $ 15,000,000 18788
3E50 055638 Attorney General Pass-Through Funds $ 599,999 $ 599,999 18789
3FV0 055656 Crime Victim Compensation $ 7,000,000 $ 7,000,000 18790
3R60 055613 Attorney General Federal Funds $ 999,999 $ 999,999 18791
TOTAL FED Federal Special Revenue 18792
Fund Group $ 28,212,406 $ 28,263,728 18793

State Special Revenue Fund Group18794

4020 055616 Victims of Crime $ 16,456,769 $ 16,456,769 18795
4190 055623 Claims Section $ 55,920,716 $ 56,937,131 18796
4L60 055606 DARE Programs $ 3,578,901 $ 3,486,209 18797
4Y70 055608 Title Defect Recision $ 600,000 $ 600,000 18798
6590 055641 Solid and Hazardous Waste Background Investigations $ 310,730 $ 310,730 18799
TOTAL SSR State Special Revenue 18800
Fund Group $ 76,867,116 $ 77,790,839 18801

Holding Account Redistribution Fund Group18802

R004 055631 General Holding Account $ 1,000,000 $ 1,000,000 18803
R005 055632 Antitrust Settlements $ 1,000 $ 1,000 18804
R018 055630 Consumer Frauds $ 750,000 $ 750,000 18805
R042 055601 Organized Crime Commission Distributions $ 25,025 $ 25,025 18806
R054 055650 Collection Payment Redistribution $ 4,500,000 $ 4,500,000 18807
TOTAL 090 Holding Account 18808
Redistribution Fund Group $ 6,276,025 $ 6,276,025 18809

Tobacco Master Settlement Agreement Fund Group18810

U087 055402 Tobacco Settlement Oversight, Administration, and Enforcement $ 500,000 $ 500,000 2,000,000 18811
TOTAL TSF Tobacco Master Settlement Agreement Fund Group $ 500,000 $ 500,000 2,000,000 18812
TOTAL ALL BUDGET FUND GROUPS $ 245,260,008 $ 247,776,836 18813

       OHIO BCI FORENSIC RESEARCH AND PROFESSIONAL TRAINING CENTER18814

        Of the foregoing appropriation item 055321, Operating 18815
Expenses, $600,000 in fiscal year 2015 shall be used to create the 18816
Ohio BCI Forensic Research and Professional Training Center at 18817
Bowling Green State University. The purpose of the Center shall be 18818
to foster forensic science research techniques (BCI Eminent 18819
Scholar) and to create professional training opportunities to 18820
students (BCI Scholars) in the forensic science fields.18821

       COUNTY SHERIFFS' PAY SUPPLEMENT18822

        The foregoing appropriation item 055411, County Sheriffs' Pay 18823
Supplement, shall be used for the purpose of supplementing the 18824
annual compensation of county sheriffs as required by section 18825
325.06 of the Revised Code.18826

       At the request of the Attorney General, the Director of 18827
Budget and Management may transfer appropriation from 18828
appropriation item 055321, Operating Expenses, to appropriation 18829
item 055411, County Sheriffs' Pay Supplement. Any appropriation so 18830
transferred shall be used to supplement the annual compensation of 18831
county sheriffs as required by section 325.06 of the Revised Code.18832

       COUNTY PROSECUTORS' PAY SUPPLEMENT18833

       The foregoing appropriation item 055415, County Prosecutors' 18834
Pay Supplement, shall be used for the purpose of supplementing the 18835
annual compensation of certain county prosecutors as required by 18836
section 325.111 of the Revised Code.18837

       At the request of the Attorney General, the Director of 18838
Budget and Management may transfer appropriation from 18839
appropriation item 055321, Operating Expenses, to appropriation 18840
item 055415, County Prosecutors' Pay Supplement. Any appropriation 18841
so transferred shall be used to supplement the annual compensation 18842
of county prosecutors as required by section 325.111 of the 18843
Revised Code.18844

       CASH TRANSFER FROM THE GENERAL REVENUE FUND TO THE GENERAL 18845
REIMBURSEMENT FUND18846

        Notwithstanding any other provision of law to the contrary, 18847
on July 1, 2013, or as soon as possible thereafter, the Director 18848
of Budget and Management shall transfer $80,000 cash from the 18849
General Revenue Fund to the General Reimbursement Fund (Fund 18850
1060).18851

       WORKERS' COMPENSATION SECTION18852

       The Workers' Compensation Fund (Fund 1950) is entitled to 18853
receive payments from the Bureau of Workers' Compensation and the 18854
Ohio Industrial Commission at the beginning of each quarter of 18855
each fiscal year to fund legal services to be provided to the 18856
Bureau of Workers' Compensation and the Ohio Industrial Commission 18857
during the ensuing quarter. The advance payment shall be subject 18858
to adjustment.18859

       In addition, the Bureau of Workers' Compensation shall 18860
transfer payments at the beginning of each quarter for the support 18861
of the Workers' Compensation Fraud Unit.18862

       All amounts shall be mutually agreed upon by the Attorney 18863
General, the Bureau of Workers' Compensation, and the Ohio 18864
Industrial Commission.18865

       ATTORNEY GENERAL PASS-THROUGH FUNDS18866

        The foregoing appropriation item 055638, Attorney General 18867
Pass-Through Funds, shall be used to receive federal grant funds 18868
provided to the Attorney General by other state agencies, 18869
including, but not limited to, the Department of Youth Services 18870
and the Department of Public Safety.18871

       GENERAL HOLDING ACCOUNT18872

       The foregoing appropriation item 055631, General Holding 18873
Account, shall be used to distribute moneys under the terms of 18874
relevant court orders or other settlements received in a variety 18875
of cases involving the Office of the Attorney General. If it is 18876
determined that additional amounts are necessary for this purpose, 18877
the amounts are hereby appropriated.18878

        ANTITRUST SETTLEMENTS18879

       The foregoing appropriation item 055632, Antitrust 18880
Settlements, shall be used to distribute moneys under the terms of 18881
relevant court orders or other out of court settlements in 18882
antitrust cases or antitrust matters involving the Office of the 18883
Attorney General. If it is determined that additional amounts are 18884
necessary for this purpose, the amounts are hereby appropriated.18885

       CONSUMER FRAUDS18886

        The foregoing appropriation item 055630, Consumer Frauds, 18887
shall be used for distribution of moneys from court-ordered 18888
judgments against sellers in actions brought by the Office of 18889
Attorney General under sections 1334.08 and 4549.48 and division 18890
(B) of section 1345.07 of the Revised Code. These moneys shall be 18891
used to provide restitution to consumers victimized by the fraud 18892
that generated the court-ordered judgments. If it is determined 18893
that additional amounts are necessary for this purpose, the 18894
amounts are hereby appropriated.18895

       ORGANIZED CRIME COMMISSION DISTRIBUTIONS18896

        The foregoing appropriation item 055601, Organized Crime 18897
Commission Distributions, shall be used by the Organized Crime 18898
Investigations Commission, as provided by section 177.011 of the 18899
Revised Code, to reimburse political subdivisions for the expenses 18900
the political subdivisions incur when their law enforcement 18901
officers participate in an organized crime task force. If it is 18902
determined that additional amounts are necessary for this purpose, 18903
the amounts are hereby appropriated.18904

       COLLECTION PAYMENT REDISTRIBUTION18905

        The foregoing appropriation item 055650, Collection Payment 18906
Redistribution, shall be used for the purpose of allocating the 18907
revenue where debtors mistakenly paid the client agencies instead 18908
of the Attorney General's Collections Enforcement Section. If it 18909
is determined that additional amounts are necessary for this 18910
purpose, the amounts are hereby appropriated.18911

       OHIO LAW ENFORCEMENT TRAINING FUND RECOMMENDATIONS18912

       By September 1, 2013, the Attorney General, in consultation 18913
with state and local law enforcement agencies, shall submit to the 18914
President and Minority Leader of the Senate and the Speaker and 18915
Minority Leader of the House of Representatives a report 18916
recommending how to best use moneys collected from the gross 18917
casino revenue tax, pursuant to Section 6(C)(3)(f) of Article XV, 18918
Ohio Constitution, and how to best distribute such money for the 18919
purposes of enhancing public safety and providing additional 18920
training opportunities to the law enforcement community. The 18921
report shall expressly include a recommendation for sharing a 18922
portion of such moneys with local law enforcement agencies 18923
beginning in fiscal year 2015.18924

       CASH TRANSFERS FROM THE PRE-SECURITIZATION TOBACCO PAYMENTS 18925
FUND18926

       Notwithstanding section 512.20 of Am. Sub. H.B. 487 of the 18927
129th General Assembly, on July 1, 2014, or as soon as possible 18928
thereafter, the Director of Budget and Management may transfer up 18929
to $8,000,000 cash from the Pre-Securitization Tobacco Payments 18930
Fund (Fund 5LS0) to the Tobacco Oversight Administration and 18931
Enforcement Fund (Fund U087).18932

       Sec. 241.10. COM DEPARTMENT OF COMMERCE18933

General Services Fund Group18934

1630 800620 Division of Administration $ 6,200,000 $ 6,200,000 18935
1630 800637 Information Technology $ 6,011,977 $ 6,011,977 18936
5430 800602 Unclaimed Funds-Operating $ 7,737,546 $ 7,737,546 18937
5430 800625 Unclaimed Funds-Claims $ 64,000,000 $ 64,000,000 18938
5F10 800635 Small Government Fire Departments $ 300,000 $ 300,000 18939
TOTAL GSF General Services Fund 18940
Group $ 84,249,523 $ 84,249,523 18941

Federal Special Revenue Fund Group18942

3480 800622 Underground Storage Tanks $ 1,129,518 $ 1,129,518 18943
3480 800624 Leaking Underground Storage Tanks $ 1,556,211 $ 1,556,211 18944
TOTAL FED Federal Special Revenue 18945
Fund Group $ 2,685,729 $ 2,685,729 18946

State Special Revenue Fund Group18947

4B20 800631 Real Estate Appraisal Recovery $ 35,000 $ 35,000 18948
4H90 800608 Cemeteries $ 266,688 $ 266,688 18949
4X20 800619 Financial Institutions $ 1,854,298 $ 1,854,298 18950
5440 800612 Banks $ 6,836,589 $ 6,836,589 18951
5450 800613 Savings Institutions $ 2,259,536 $ 2,259,536 18952
5460 800610 Fire Marshal $ 17,336,990 $ 15,976,408 18953
5460 800639 Fire Department Grants $ 2,198,802 $ 2,198,802 5,198,802 18954
5470 800603 Real Estate Education/Research $ 69,655 $ 69,655 18955
5480 800611 Real Estate Recovery $ 50,000 $ 50,000 18956
5490 800614 Real Estate $ 3,310,412 $ 3,310,412 18957
5500 800617 Securities $ 4,238,814 $ 4,238,814 18958
5520 800604 Credit Union $ 3,297,888 $ 3,297,888 18959
5530 800607 Consumer Finance $ 3,481,692 $ 3,481,692 18960
5560 800615 Industrial Compliance $ 26,612,520 $ 27,104,205 18961
5FW0 800616 Financial Literacy Education $ 200,000 $ 200,000 18962
5GK0 800609 Securities Investor Education/Enforcement $ 432,150 $ 432,150 18963
5HV0 800641 Cigarette Enforcement $ 118,800 $ 118,800 18964
5LP0 800646 Liquor Regulatory Operating Expenses $ 7,988,921 $ 7,844,537 18965
5PA0 800647 Bustr Revolving Loan Program $ 0 $ 3,000,000 18966
5X60 800623 Video Service $ 337,224 $ 337,224 18967
6530 800629 UST Registration/Permit Fee $ 3,831,888 2,331,888 $ 3,612,588 2,112,588 18968
6A40 800630 Real Estate Appraiser-Operating $ 672,973 $ 672,973 18969
TOTAL SSR State Special Revenue 18970
Fund Group $ 85,430,840 83,930,840 $ 84,198,259 88,698,259 18971

Liquor Control Fund Group18972

5LC0 800644 Liquor JobsOhio Extraordinary Allowance $ 557,974 $ 372,661 18973
5LN0 800645 Liquor Operating Services $ 13,949,342 $ 9,316,535 18974
TOTAL LCF Liquor Control 18975
Fund Group $ 14,507,316 $ 9,689,196 18976
TOTAL ALL BUDGET FUND GROUPS $ 186,873,408 185,373,408 $ 180,822,707 185,322,707 18977

       ADMINISTRATIVE ASSESSMENTS18978

       Notwithstanding any other provision of law to the contrary, 18979
the Division of Administration Fund (Fund 1630) is entitled to 18980
receive assessments from all operating funds of the Department in 18981
accordance with procedures prescribed by the Director of Commerce 18982
and approved by the Director of Budget and Management.18983

       UNCLAIMED FUNDS PAYMENTS18984

       The foregoing appropriation item 800625, Unclaimed 18985
Funds-Claims, shall be used to pay claims under section 169.08 of 18986
the Revised Code. If it is determined that additional amounts are 18987
necessary, the amounts are appropriated.18988

       FIRE DEPARTMENT GRANTS18989

        Of the foregoing appropriation item 800639, Fire Department 18990
Grants, up to $2,198,802 in each fiscal year 2014 and $5,198,802 18991
in fiscal year 2015 shall be used to make annual grants to the 18992
following eligible recipients: volunteer fire departments, fire 18993
departments that serve one or more small municipalities or small 18994
townships, joint fire districts comprised of fire departments that 18995
primarily serve small municipalities or small townships, local 18996
units of government responsible for such fire departments, and 18997
local units of government responsible for the provision of fire 18998
protection services for small municipalities or small townships. 18999
For the purposes of these grants, a private fire company, as that 19000
phrase is defined in section 9.60 of the Revised Code, that is 19001
providing fire protection services under a contract to a political 19002
subdivision of the state, is an additional eligible recipient for 19003
a training grant.19004

       Eligible recipients that consist of small municipalities or 19005
small townships that all intend to contract with the same fire 19006
department or private fire company for fire protection services 19007
may jointly apply and be considered for a grant. If a joint 19008
applicant is awarded a grant, the State Fire Marshal shall, if 19009
feasible, proportionately award the grant and any equipment 19010
purchased with grant funds to each of the joint applicants based 19011
upon each applicant's contribution to and demonstrated need for 19012
fire protection services.19013

       If the grant awarded to joint applicants is an equipment 19014
grant and the equipment to be purchased cannot be readily 19015
distributed or possessed by multiple recipients, each of the joint 19016
applicants shall be awarded by the State Fire Marshal an ownership 19017
interest in the equipment so purchased in proportion to each 19018
applicant's contribution to and demonstrated need for fire 19019
protection services. The joint applicants shall then mutually 19020
agree on how the equipment is to be maintained, operated, stored, 19021
or disposed of. If, for any reason, the joint applicants cannot 19022
agree as to how jointly owned equipment is to be maintained, 19023
operated, stored, or disposed of or any of the joint applicants no 19024
longer maintain a contract with the same fire protection service 19025
provider as the other applicants, then the joint applicants shall, 19026
with the assistance of the State Fire Marshal, mutually agree as 19027
to how the jointly owned equipment is to be maintained, operated, 19028
stored, disposed of, or owned. If the joint applicants cannot 19029
agree how the grant equipment is to be maintained, operated, 19030
stored, disposed of, or owned, the State Fire Marshal may, in its 19031
discretion, require all of the equipment acquired by the joint 19032
applicants with grant funds to be returned to the State Fire 19033
Marshal. The State Fire Marshal may then award the returned 19034
equipment to any eligible recipients. For this paragraph only, an 19035
"equipment grant" also includes a MARCS Grant.19036

       Except as otherwise provided in this section, the grants 19037
shall be used by recipients to purchase firefighting or rescue 19038
equipment or gear or similar items, to provide full or partial 19039
reimbursement for the documented costs of firefighter training, 19040
or, at the discretion of the State Fire Marshal, to cover fire 19041
department costs for providing fire protection services in that 19042
grant recipient's jurisdiction. 19043

       Of the foregoing appropriation item 800639, Fire Department 19044
Grants, up to $500,000 per fiscal year may be used to pay for the 19045
State Fire Marshal's costs of providing firefighter I 19046
certification classes or other firefighter classes approved by the 19047
Department of Public Safety in accordance with section 4765.55 of 19048
the Revised Code at no cost to selected students attending the 19049
Ohio Fire Academy or other class providers approved by the State 19050
Fire Marshal. The State Fire Marshal may establish the 19051
qualifications and selection processes for students to attend such 19052
classes by written policy, and such students shall be considered 19053
eligible recipients of fire department grants for the purposes of 19054
this portion of the grant program.19055

       For purposes of this section, a MARCS Grant is a grant for 19056
systems, equipment, or services that are a part of, integrated 19057
into, or otherwise interoperable with the Multi-Agency Radio 19058
Communication System (MARCS) operated by the state.19059

       Of the foregoing appropriation item 800639, Fire Department 19060
Grants, up to $3,000,000 in fiscal year 2015 may be used for MARCS 19061
Grants. MARCS Grants may be used for the payment of user access 19062
fees by the eligible recipient to access MARCS.19063

       MARCS Grant awards may be up to $50,000 in fiscal year 2015 19064
per eligible recipient. Each eligible recipient may only apply, as 19065
a separate entity or as a part of a joint application, for one 19066
MARCS Grant per fiscal year. Eligible recipients that are or were 19067
awarded fire department grants that are not MARCS Grants may also 19068
apply for and receive MARCS Grants in accordance with criteria for 19069
the awarding of grant funds established by the State Fire Marshal.19070

       Grant awards for firefighting or rescue equipment or gear or 19071
for fire department costs of providing fire protection services 19072
shall be up to $15,000 per fiscal year, or up to $25,000 per 19073
fiscal year if an eligible entity serves a jurisdiction in which 19074
the Governor declared a natural disaster during the preceding or 19075
current fiscal year in which the grant was awarded. In addition to 19076
any grant funds awarded for rescue equipment or gear, or for fire 19077
department costs associated with the provision of fire protection 19078
services, an eligible entity may receive a grant for up to $15,000 19079
per fiscal year for full or partial reimbursement of the 19080
documented costs of firefighter training. For each fiscal year, 19081
the State Fire Marshal shall determine the total amounts to be 19082
allocated for each eligible purpose.19083

       The grant program shall be administered by the State Fire 19084
Marshal in accordance with rules the State Fire Marshal adopts as 19085
part of the state fire code adopted pursuant to section 3737.82 of 19086
the Revised Code that are necessary for the administration and 19087
operation of the grant program. The rules may further define the 19088
entities eligible to receive grants and establish criteria for the 19089
awarding and expenditure of grant funds, including methods the 19090
State Fire Marshal may use to verify the proper use of grant funds 19091
or to obtain reimbursement for or the return of equipment for 19092
improperly used grant funds. To the extent consistent with this 19093
section and until such time as the rules are updated, the existing 19094
rules in the state fire code adopted pursuant to section 3737.82 19095
of the Revised Code for fire department grants under this section 19096
apply to MARCS Grants. Any amounts in appropriation item 800639, 19097
Fire Department Grants, in excess of the amount allocated for 19098
these grants may be used for the administration of the grant 19099
program.19100

       CASH TRANSFERS TO DIVISION OF REAL ESTATE OPERATING FUND19101

       The Director of Budget and Management, upon the request of 19102
the Director of Commerce, may transfer up to $500,000 in cash from 19103
the Real Estate Recovery Fund (Fund 5480) and up to $250,000 in 19104
cash from the Real Estate Appraiser Recovery Fund (Fund 4B20) to 19105
the Division of Real Estate Operating Fund (Fund 5490) during the 19106
biennium ending June 30, 2015.19107

       Sec. 257.10. DEV DEVELOPMENT SERVICES AGENCY19108

General Revenue Fund19109

GRF 195402 Coal Research Operating $ 261,205 $ 261,405 19110
GRF 195405 Minority Business Development $ 1,693,691 $ 1,693,691 19111
GRF 195407 Travel and Tourism $ 1,300,000 $ 0 19112
GRF 195415 Business Development Services $ 2,413,387 $ 2,413,387 19113
GRF 195426 Redevelopment Assistance $ 1,968,365 $ 468,365 19114
GRF 195497 CDBG Operating Match $ 1,015,000 $ 1,015,000 19115
GRF 195501 Appalachian Local Development Districts $ 440,000 $ 440,000 19116
GRF 195532 Technology Programs and Grants $ 13,547,341 $ 13,547,341 19117
GRF 195533 Business Assistance $ 4,205,774 $ 4,205,774 19118
GRF 195535 Appalachia Assistance $ 3,846,482 $ 3,846,482 19119
GRF 195537 Ohio-Israel Agricultural Initiative $ 150,000 $ 150,000 19120
GRF 195901 Coal Research & Development General Obligation Debt Service $ 2,858,900 $ 4,327,200 19121
GRF 195905 Third Frontier Research & Development General Obligation Debt Service $ 66,511,600 61,911,600 $ 83,783,000 78,483,000 19122
GRF 195912 Job Ready Site Development General Obligation Debt Service $ 15,498,400 13,198,400 $ 19,124,500 19123
TOTAL GRF General Revenue Fund $ 115,710,145 108,810,145 $ 135,276,145 129,976,145 19124

General Services Fund Group19125

1350 195684 Development Services Operations $ 10,800,000 $ 10,800,000 19126
4W10 195646 Minority Business Enterprise Loan $ 2,500,000 $ 2,500,000 19127
5KN0 195640 Local Government Innovation $ 20,730,986 $ 21,900,000 19128
5MB0 195623 Business Incentive Grants $ 15,000,000 $ 0 19129
5MK0 195600 Vacant Facilities Grant $ 1,000,000 $ 1,000,000 19130
5W50 195690 Travel and Tourism Cooperative Projects $ 150,000 $ 150,000 19131
6850 195636 Development Services Reimbursable Expenditures $ 700,000 $ 700,000 19132
TOTAL GSF General Services Fund 19133
Group $ 50,880,986 $ 37,050,000 19134

Federal Special Revenue Fund Group19135

3080 195602 Appalachian Regional Commission $ 475,000 $ 475,000 19136
3080 195603 Housing Assistance Programs $ 10,000,000 $ 10,000,000 19137
3080 195609 Small Business Administration Grants $ 5,271,381 $ 5,271,381 19138
3080 195618 Energy Grants $ 9,307,779 $ 4,109,193 19139
3080 195670 Home Weatherization Program $ 17,000,000 $ 17,000,000 19140
3080 195671 Brownfield Redevelopment $ 5,000,000 $ 5,000,000 19141
3080 195672 Manufacturing Extension Partnership $ 5,359,305 $ 5,359,305 19142
3080 195675 Procurement Technical Assistance $ 600,000 $ 600,000 19143
3080 195681 SBDC Disability Consulting $ 1,300,000 $ 1,300,000 19144
3350 195610 Energy Programs $ 200,000 $ 200,000 19145
3AE0 195643 Workforce Development Initiatives $ 1,800,000 $ 1,800,000 19146
3DB0 195642 Federal Stimulus - Energy Efficiency & Conservation Block Grants $ 38,152 $ 0 19147
3FJ0 195626 Small Business Capital Access and Collateral Enhancement Program $ 32,046,846 $ 5,655,326 19148
3FJ0 195661 Technology Targeted Investment Program $ 12,750,410 $ 2,250,072 19149
3K80 195613 Community Development Block Grant $ 65,000,000 $ 65,000,000 19150
3K90 195611 Home Energy Assistance Block Grant $ 172,000,000 $ 172,000,000 19151
3K90 195614 HEAP Weatherization $ 22,000,000 $ 22,000,000 19152
3L00 195612 Community Services Block Grant $ 27,240,217 $ 27,240,217 19153
3V10 195601 HOME Program $ 30,000,000 $ 30,000,000 19154
TOTAL FED Federal Special Revenue 19155
Fund Group $ 417,389,090 $ 375,260,494 19156

State Special Revenue Fund Group19157

4500 195624 Minority Business Bonding Program Administration $ 74,868 $ 74,905 19158
4510 195649 Business Assistance Programs $ 6,300,800 $ 6,700,800 19159
4F20 195639 State Special Projects $ 102,145 $ 102,104 19160
4F20 195699 Utility Community Assistance $ 500,000 $ 500,000 19161
5CG0 195679 Alternative Fuel Transportation $ 750,000 $ 750,000 19162
5HR0 195526 Incumbent Workforce Training Vouchers $ 30,000,000 $ 30,000,000 19163
5HR0 195622 Defense Development Assistance $ 5,000,000 $ 5,000,000 19164
5JR0 195635 Redevelopment Program Support $ 100,000 $ 100,000 19165
5KP0 195645 Historic Rehab Operating $ 650,000 $ 650,000 19166
5LU0 195673 Racetrack Facility Community Economic Redevelopment Fund $ 12,000,000 $ 0 19167
5M40 195659 Low Income Energy Assistance (USF) $ 350,000,000 $ 350,000,000 19168
5M50 195660 Advanced Energy Loan Programs $ 8,000,000 $ 8,000,000 19169
5MH0 195644 SiteOhio Administration $ 100,000 $ 100,000 19170
5MJ0 195683 TourismOhio Administration $ 8,000,000 $ 8,000,000 19171
5W60 195691 International Trade Cooperative Projects $ 18,000 $ 18,000 19172
6170 195654 Volume Cap Administration $ 32,562 $ 32,562 19173
6460 195638 Low- and Moderate- Income Housing Trust Fund $ 53,000,000 $ 53,000,000 19174
TOTAL SSR State Special Revenue 19175
Fund Group $ 474,628,375 $ 463,028,371 19176

Facilities Establishment Fund Group19177

5S90 195628 Capital Access Loan Program $ 3,000,000 $ 3,000,000 19178
7009 195664 Innovation Ohio $ 15,000,000 $ 15,000,000 19179
7010 195665 Research and Development $ 22,000,000 $ 22,000,000 19180
7037 195615 Facilities Establishment $ 50,000,000 $ 50,000,000 19181
TOTAL 037 Facilities 19182
Establishment Fund Group $ 90,000,000 $ 90,000,000 19183

Clean Ohio Revitalization Fund19184

7003 195663 Clean Ohio Program $ 950,000 $ 950,000 19185
TOTAL 7003 Clean Ohio Revitalization Fund $ 950,000 $ 950,000 19186

Third Frontier Research & Development Fund Group19187

7011 195686 Third Frontier Operating $ 1,149,750 $ 1,149,750 19188
7011 195687 Third Frontier Research & Development Projects $ 90,850,250 $ 90,850,250 19189
7014 195620 Third Frontier Operating - Tax $ 1,700,000 $ 1,700,000 19190
7014 195692 Research & Development Taxable Bond Projects $ 38,300,000 $ 38,300,000 19191
TOTAL 011 Third Frontier Research & Development Fund Group $ 132,000,000 $ 132,000,000 19192

Job Ready Site Development Fund Group19193

7012 195688 Job Ready Site Development $ 800,000 $ 800,000 19194
TOTAL 012 Job Ready Site Development Fund Group $ 800,000 $ 800,000 19195

Tobacco Master Settlement Agreement Fund Group19196

M087 195435 Biomedical Research and Technology Transfer $ 1,896,595 $ 1,906,025 19197
TOTAL TSF Tobacco Master Settlement Agreement Fund Group $ 1,896,595 $ 1,906,025 19198
TOTAL ALL BUDGET FUND GROUPS $ 1,284,255,191 1,277,355,191 $ 1,236,271,035 1,230,971,035 19199


       Sec. 259.10. DDD DEPARTMENT OF DEVELOPMENTAL DISABILITIES19201

General Revenue Fund19202

GRF 320412 Protective Services $ 1,918,196 $ 1,918,196 19203
GRF 320415 Lease-Rental Payments $ 15,843,300 14,743,300 $ 16,076,700 19204
GRF 322420 Screening and Early Intervention $ 300,000 $ 300,000 19205
GRF 322451 Family Support Services $ 5,932,758 $ 5,932,758 19206
GRF 322501 County Boards Subsidies $ 44,449,280 $ 44,449,280 19207
GRF 322503 Tax Equity $ 14,000,000 $ 14,000,000 19208
GRF 322507 County Board Case Management $ 2,500,000 $ 2,500,000 19209
GRF 322508 Employment First Pilot Program $ 3,000,000 $ 3,000,000 19210
GRF 653321 Medicaid Program Support - State $ 6,186,694 $ 6,186,694 19211
GRF 653407 Medicaid Services $ 430,056,111 $ 437,574,237 19212
TOTAL GRF General Revenue Fund $ 524,186,339 523,086,339 $ 531,937,865 19213

General Services Fund Group19214

1520 653609 DC and Residential Operating Services $ 3,414,317 $ 3,414,317 19215
TOTAL GSF General Services Fund Group $ 3,414,317 $ 3,414,317 19216

Federal Special Revenue Fund Group19217

3A50 320613 DD Council $ 3,297,656 $ 3,324,187 19218
3250 322612 Community Social Service Programs $ 10,604,896 $ 10,604,896 19219
3A40 653604 DC & ICF/IID Program Support $ 8,013,611 $ 8,013,611 19220
3A40 653605 DC and Residential Services and Support $ 159,548,565 159,548,565 19221
3A40 653653 ICF/IID $ 354,712,840 $ 353,895,717 19222
3G60 653639 Medicaid Waiver Services $ 932,073,249 $ 1,025,921,683 19223
3G60 653640 Medicaid Waiver Program Support $ 36,934,303 $ 36,170,872 19224
3M70 653650 CAFS Medicaid $ 3,000,000 $ 3,000,000 19225
TOTAL FED Federal Special Revenue Fund Group $ 1,508,185,120 $ 1,600,479,531 19226

State Special Revenue Fund Group19227

5GE0 320606 Operating and Services $ 7,407,297 $ 7,407,297 19228
2210 322620 Supplement Service Trust $ 150,000 $ 150,000 19229
5DJ0 322625 Targeted Case Management Match $ 33,750,000 $ 37,260,000 19230
5DK0 322629 Capital Replacement Facilities $ 750,000 $ 750,000 19231
5H00 322619 Medicaid Repayment $ 160,000 $ 160,000 19232
5JX0 322651 Interagency Workgroup - Autism $ 45,000 45,000 19233
4890 653632 DC Direct Care Services $ 16,497,169 $ 16,497,169 19234
5CT0 653607 Intensive Behavioral Needs $ 1,000,000 $ 1,000,000 19235
5DJ0 653626 Targeted Case Management Services $ 91,740,000 $ 100,910,000 19236
5EV0 653627 Medicaid Program Support $ 685,000 $ 685,000 19237
5GE0 653606 ICF/IID and Waiver Match $ 40,353,139 $ 39,106,638 19238
5S20 653622 Medicaid Admin and Oversight $ 17,341,201 $ 19,032,154 19239
5Z10 653624 County Board Waiver Match $ 284,740,000 $ 336,480,000 19240
TOTAL SSR State Special Revenue Fund Group $ 494,618,806 $ 559,483,258 19241
TOTAL ALL BUDGET FUND GROUPS $ 2,530,404,582 2,529,304,582 $ 2,695,314,971 19242


       Sec. 263.10. EDU DEPARTMENT OF EDUCATION19244

General Revenue Fund19245

GRF 200321 Operating Expenses $ 13,142,780 $ 13,142,780 19246
GRF 200408 Early Childhood Education $ 33,318,341 $ 45,318,341 19247
GRF 200420 Information Technology Development and Support $ 4,241,296 $ 4,241,296 19248
GRF 200421 Alternative Education Programs $ 7,403,998 $ 7,403,998 19249
GRF 200422 School Management Assistance $ 3,000,000 $ 3,000,000 19250
GRF 200424 Policy Analysis $ 328,558 $ 328,558 19251
GRF 200425 Tech Prep Consortia Support $ 260,542 $ 260,542 19252
GRF 200426 Ohio Educational Computer Network $ 29,625,569 $ 19,625,569 19253
GRF 200427 Academic Standards $ 3,800,000 $ 3,800,000 19254
GRF 200437 Student Assessment $ 55,895,000 $ 75,895,000 19255
GRF 200439 Accountability/Report Cards $ 3,500,000 $ 3,750,000 19256
GRF 200442 Child Care Licensing $ 827,140 $ 827,140 19257
GRF 200446 Education Management Information System $ 6,833,070 $ 6,833,070 19258
GRF 200447 GED Testing $ 879,551 $ 879,551 19259
GRF 200448 Educator Preparation $ 1,136,737 $ 1,564,237 19260
GRF 200455 Community Schools and Choice Programs $ 2,438,685 $ 2,491,395 19261
GRF 200464 General Technology Operations $ 192,097 $ 192,097 19262
GRF 200465 Technology Integration and Professional Development $ 1,778,879 $ 1,778,879 19263
GRF 200502 Pupil Transportation $ 505,013,527 $ 521,013,527 19264
GRF 200505 School Lunch Match $ 9,100,000 $ 9,100,000 19265
GRF 200511 Auxiliary Services $ 130,499,457 $ 138,214,374 19266
GRF 200532 Nonpublic Administrative Cost Reimbursement $ 58,951,750 $ 62,436,882 19267
GRF 200540 Special Education Enhancements $ 156,871,292 $ 157,871,292 19268
GRF 200545 Career-Technical Education Enhancements $ 9,372,999 $ 9,372,999 19269
GRF 200550 Foundation Funding $ 5,808,098,389 $ 6,151,463,768 19270
GRF 200566 Literacy Improvement $ 150,000 $ 150,000 19271
GRF 200901 Property Tax Allocation - Education $ 1,138,800,000 1,126,800,000 $ 1,156,402,000 1,146,402,000 19272
TOTAL GRF General Revenue Fund $ 7,985,459,657 7,973,459,657 $ 8,397,357,295 8,387,357,295 19273

General Services Fund Group19274

1380 200606 Information Technology Development and Support $ 6,850,090 $ 6,850,090 19275
4520 200638 Fees and Refunds $ 500,000 $ 500,000 19276
4L20 200681 Teacher Certification and Licensure $ 8,313,762 $ 13,658,274 19277
5960 200656 Ohio Career Information System $ 529,761 $ 529,761 19278
5H30 200687 School District Solvency Assistance $ 25,000,000 $ 25,000,000 19279
5JC0 200629 Career Advising and Mentoring $ 0 $ 10,000,000 19280
5JC0 200654 Adult Career Opportunity Pilot Program $ 0 $ 2,500,000 19281
5KX0 200691 Ohio School Sponsorship Program $ 487,419 $ 487,419 19282
5KY0 200693 Community Schools Temporary Sponsorship $ 83,000 $ 83,000 19283
TOTAL GSF General Services 19284
Fund Group $ 41,764,032 $ 47,108,544 59,608,544 19285

Federal Special Revenue Fund Group19286

3090 200601 Neglected and Delinquent Education $ 2,168,642 $ 2,168,642 19287
3670 200607 School Food Services $ 8,200,664 $ 8,700,149 19288
3700 200624 Education of Exceptional Children $ 1,530,000 $ 1,530,000 19289
3AF0 200603 Schools Medicaid Administrative Claims $ 750,000 $ 750,000 19290
3AN0 200671 School Improvement Grants $ 20,400,000 $ 20,400,000 19291
3BK0 200628 Longitudinal Data Systems $ 1,250,000 $ 0 19292
3C50 200661 Early Childhood Education $ 14,554,749 $ 14,554,749 19293
3CG0 200646 Teacher Incentive $ 15,125,588 $ 15,183,285 19294
3D20 200667 Math Science Partnerships $ 6,000,000 $ 6,000,000 19295
3EC0 200653 Teacher Incentive - Federal Stimulus $ 1,300,000 $ 0 19296
3EH0 200620 Migrant Education $ 2,900,000 $ 2,900,000 19297
3EJ0 200622 Homeless Children Education $ 2,600,000 $ 2,600,000 19298
3EK0 200637 Advanced Placement $ 450,000 $ 450,000 19299
3EN0 200655 State Data Systems - Federal Stimulus $ 1,250,000 $ 0 19300
3FD0 200665 Race to the Top $ 136,000,000 $ 58,074,046 19301
3FN0 200672 Early Learning Challenge - Race to the Top $ 7,040,000 $ 7,040,000 19302
3GE0 200674 Summer Food Service Program $ 13,596,000 $ 14,003,800 19303
3GF0 200675 Miscellaneous Nutrition Grants $ 700,000 $ 700,000 19304
3GG0 200676 Fresh Fruit and Vegetable Program $ 4,738,000 $ 4,880,140 19305
3H90 200605 Head Start Collaboration Project $ 225,000 $ 225,000 19306
3L60 200617 Federal School Lunch $ 350,608,075 $ 361,126,273 19307
3L70 200618 Federal School Breakfast $ 108,480,590 $ 112,819,813 19308
3L80 200619 Child/Adult Food Programs $ 106,992,650 $ 110,202,428 19309
3L90 200621 Career-Technical Education Basic Grant $ 44,663,900 $ 44,663,900 19310
3M00 200623 ESEA Title 1A $ 560,000,000 $ 560,000,000 19311
3M20 200680 Individuals with Disabilities Education Act $ 443,170,050 $ 443,170,050 19312
3T40 200613 Public Charter Schools $ 500,000 $ 0 19313
3Y20 200688 21st Century Community Learning Centers $ 48,201,810 $ 50,611,900 19314
3Y60 200635 Improving Teacher Quality $ 101,900,000 $ 101,900,000 19315
3Y70 200689 English Language Acquisition $ 9,700,000 $ 9,700,000 19316
3Y80 200639 Rural and Low Income Technical Assistance $ 3,300,000 $ 3,300,000 19317
3Z20 200690 State Assessments $ 11,800,000 $ 11,800,000 19318
3Z30 200645 Consolidated Federal Grant Administration $ 7,949,280 $ 7,949,280 19319
TOTAL FED Federal Special 19320
Revenue Fund Group $ 2,038,044,998 $ 1,977,403,455 19321

State Special Revenue Fund Group19322

4540 200610 GED Testing $ 1,050,000 $ 250,000 19323
4550 200608 Commodity Foods $ 24,000,000 $ 24,000,000 19324
4R70 200695 Indirect Operational Support $ 6,600,000 $ 6,600,000 19325
4V70 200633 Interagency Program Support $ 717,725 $ 717,725 19326
5980 200659 Auxiliary Services Reimbursement $ 1,328,910 $ 1,328,910 19327
5BJ0 200626 Half-Mill Maintenance Equalization $ 19,000,000 $ 20,000,000 19328
5MM0 200677 Child Nutrition Refunds $ 500,000 $ 500,000 19329
5T30 200668 Gates Foundation Grants $ 200,000 $ 153,000 19330
5U20 200685 National Education Statistics $ 300,000 $ 300,000 19331
6200 200615 Educational Improvement Grants $ 300,000 $ 300,000 19332
TOTAL SSR State Special Revenue 19333
Fund Group $ 53,996,635 $ 54,149,635 19334

Lottery Profits Education Fund Group19335

7017 200612 Foundation Funding $ 775,500,000 $ 853,000,000 19336
7017 200648 Straight A Fund $ 100,000,000 $ 150,000,000 19337
7017 200666 EdChoice Expansion $ 8,500,000 $ 17,000,000 19338
7017 200684 Community School Facilities $ 7,500,000 $ 7,500,000 19339
TOTAL LPE Lottery Profits 19340
Education Fund Group $ 891,500,000 $ 1,027,500,000 19341

Revenue Distribution Fund Group19342

7047 200909 School District Property Tax Replacement-Business $ 482,000,000 $ 482,000,000 19343
7053 200900 School District Property Tax Replacement-Utility $ 28,000,000 $ 28,000,000 19344
TOTAL RDF Revenue Distribution 19345
Fund Group $ 510,000,000 $ 510,000,000 19346
TOTAL ALL BUDGET FUND GROUPS $ 11,520,765,322 11,508,765,322 $ 12,013,518,929 12,016,018,929 19347


       Sec. 263.230. FOUNDATION FUNDING19349

       Of the foregoing appropriation item 200550, Foundation 19350
Funding, up to $675,000 in fiscal year 2014 shall be used to 19351
support the work of the College of Education and Human Ecology at 19352
the Ohio State University in reviewing and assessing the alignment 19353
of courses offered through the distance learning clearinghouse 19354
established in sections 3333.81 to 3333.88 of the Revised Code 19355
with the academic content standards adopted under division (A) of 19356
section 3301.079 of the Revised Code.19357

       Of the foregoing appropriation item 200550, Foundation 19358
Funding, up to $40,000,000 in each fiscal year shall be used to 19359
provide additional state aid to school districts, joint vocational 19360
school districts, community schools, and STEM schools for special 19361
education students under division (C)(3) of section 3314.08, 19362
section 3317.0214, division (B) of section 3317.16, and section 19363
3326.34 of the Revised Code, except that the Controlling Board may 19364
increase these amounts if presented with such a request from the 19365
Department of Education at the final meeting of the fiscal year.19366

        Of the foregoing appropriation item 200550, Foundation 19367
Funding, up to $2,000,000 in each fiscal year shall be reserved 19368
for Youth Services tuition payments under section 3317.024 of the 19369
Revised Code.19370

       Of the foregoing appropriation item 200550, Foundation 19371
Funding, up to $3,800,000 in each fiscal year shall be used to 19372
fund gifted education at educational service centers. The 19373
Department shall distribute the funding through the unit-based 19374
funding methodology in place under division (L) of section 19375
3317.024, division (E) of section 3317.05, and divisions (A), (B), 19376
and (C) of section 3317.053 of the Revised Code as they existed 19377
prior to fiscal year 2010.19378

       Of the foregoing appropriation item 200550, Foundation 19379
Funding, up to $43,500,000 in fiscal year 2014 and up to 19380
$40,000,000 in fiscal year 2015 shall be reserved to fund the 19381
state reimbursement of educational service centers under the 19382
section of this actAm. Sub. H.B. 59 of the 130th General Assembly19383
entitled "EDUCATIONAL SERVICE CENTERS FUNDING"; and up to 19384
$3,500,000 in each fiscal year shall be distributed to educational 19385
service centers for School Improvement Initiatives and, in 19386
consultation with the Governor's Director of 21st Century 19387
Education, for the provision of technical assistance as required 19388
by the Elementary and Secondary Education Act Flexibility waivers 19389
approved for Ohio by the United States Department of Education. 19390
Educational service centers shall be required to support districts 19391
in the development and implementation of their continuous 19392
improvement plans as required in section 3302.04 of the Revised 19393
Code and to provide technical assistance and support in accordance 19394
with Title I of the "No Child Left Behind Act of 2001," 115 Stat. 19395
1425, 20 U.S.C. 6317, as administered pursuant to the Elementary 19396
and Secondary Education Act Flexibility waivers approved for Ohio 19397
by the United States Department of Education. 19398

       Of the foregoing appropriation item 200550, Foundation 19399
Funding, up to $20,000,000 in each fiscal year shall be reserved 19400
for payments under sections 3317.026, 3317.027, and 3317.028 of 19401
the Revised Code. If this amount is not sufficient, the Department 19402
of Education shall prorate the payment amounts so that the 19403
aggregate amount allocated in this paragraph is not exceeded.19404

       Of the foregoing appropriation item 200550, Foundation 19405
Funding, up to $2,000,000 in each fiscal year shall be used to pay 19406
career-technical planning districts for the amounts reimbursed to 19407
students, as prescribed in this paragraph. Each career-technical 19408
planning district shall reimburse individuals taking the online 19409
General Educational Development (GED) test for the first time for 19410
application/test fees in excess of $40. Each career-technical 19411
planning district shall designate a site or sites where 19412
individuals may register and take the exam. For each individual 19413
that registers for the exam, the career-technical planning 19414
district shall make available and offer career counseling 19415
services, including information on adult education programs that 19416
are available. Any remaining funds in each fiscal year shall be 19417
reimbursed to the Department of Youth Services and the Department 19418
of Rehabilitation and Correction for individuals in these 19419
facilities who have taken the GED for the first time. The amounts 19420
reimbursed shall not exceed the per-individual amounts reimbursed 19421
to other individuals under this section for each section of the 19422
GED.19423

       Of the foregoing appropriation item 200550, Foundation 19424
Funding, up to $410,000 in each fiscal year shall be used to pay 19425
career-technical planning districts $500 for each student that 19426
receives a journeyman certification, as recognized by the United 19427
States Department of Labor, and to pay a career-technical planning 19428
district $125 per full-time equivalent student who successfully 19429
completes the portion of an apprenticeship program offered by a 19430
private entity as specified in the agreement under section 3313.91 19431
of the Revised Code. The district shall apply to the Department 19432
for the apprenticeship program funding.19433

       Of the foregoing appropriation item 200550, Foundation 19434
Funding, up to $18,713,327 in each fiscal year shall be used to 19435
support school choice programs.19436

       Of the portion of the funds distributed to the Cleveland 19437
Municipal School District under this section, up to $11,901,887 in 19438
each fiscal year shall be used to operate the school choice 19439
program in the Cleveland Municipal School District under sections 19440
3313.974 to 3313.979 of the Revised Code. Notwithstanding 19441
divisions (B) and (C) of section 3313.978 and division (C) of 19442
section 3313.979 of the Revised Code, up to $1,000,000 in each 19443
fiscal year of this amount shall be used by the Cleveland 19444
Municipal School District to provide tutorial assistance as 19445
provided in division (H) of section 3313.974 of the Revised Code. 19446
The Cleveland Municipal School District shall report the use of 19447
these funds in the district's three-year continuous improvement 19448
plan as described in section 3302.04 of the Revised Code in a 19449
manner approved by the Department of Education.19450

       Of the foregoing appropriation item 200550, Foundation 19451
Funding, up to $2,000,000 in fiscal year 2015 shall be used to pay 19452
college-preparatory boarding schools the per pupil boarding amount 19453
pursuant to section 3328.34 of the Revised Code.19454

       Of the foregoing appropriation item 200550, Foundation 19455
Funding, up to $500,000 in each fiscal year shall be used to 19456
support Jobs for Ohio's Graduates.19457

       Of the foregoing appropriation item 200550, Foundation 19458
Funding, up to $250,000 in fiscal year 2015 may be used for 19459
payment of the Post-Secondary Enrollment Options Program for 19460
students instructed at home pursuant to section 3321.04 of the 19461
Revised Code.19462

       Of the foregoing appropriation item 200550, Foundation 19463
Funding, up to $5,000,000 in fiscal year 2014 shall be used to 19464
reimburse school districts for the full amount deducted in that 19465
year under section 3310.55 of the Revised Code for Jon Peterson 19466
Scholarships awarded under sections 3310.51 to 3310.64 of the 19467
Revised Code to students who did not attend a public school in 19468
their resident district in the previous school year. If this 19469
amount is not sufficient, the Department of Education shall 19470
prorate the payment amounts so that the aggregate amount 19471
appropriated in this paragraph is not exceeded.19472

       Of the foregoing appropriation item 200550, Foundation 19473
Funding, an amount shall be available in each fiscal year to be 19474
paid to joint vocational school districts in accordance with 19475
division (A) of section 3317.16 of the Revised Code and the 19476
section of this actAm. Sub. H.B. 59 of the 130th General Assembly19477
entitled "TEMPORARY TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL 19478
DISTRICTS."19479

       Of the foregoing appropriation item 200550, Foundation 19480
Funding, up to $700,000 in each fiscal year shall be used by the 19481
Department of Education for a program to pay for educational 19482
services for youth who have been assigned by a juvenile court or 19483
other authorized agency to any of the facilities described in 19484
division (A) of the section of this actAm. Sub. H.B. 59 of the 19485
130th General Assembly entitled "PRIVATE TREATMENT FACILITY 19486
PROJECT."19487

       Of the foregoing appropriation item 200550, Foundation 19488
Funding, up to $675,000 in fiscal year 2015 shall be used to 19489
provide grants on a competitive basis to public and chartered 19490
nonpublic schools for their participation in the electronic 19491
textbook pilot project. These funds shall be administered as 19492
provided under the section of this actAm. Sub. H.B. 59 of the 19493
130th General Assembly entitled ELECTRONIC TEXTBOOK PILOT PROJECT.19494

       Of the foregoing appropriation item 200550, Foundation 19495
Funding, up to $500,000 in fiscal year 2014 and up to $3,000,000 19496
in fiscal year 2015 shall be used for the New Leaders for Ohio 19497
Schools Pilot Project in accordance with Section 733.40 of this 19498
actAm. Sub. H.B. 59 of the 130th General Assembly.19499

       The remainder of appropriation item 200550, Foundation 19500
Funding, shall be used to distribute the amounts calculated for 19501
formula aid under section 3317.022 of the Revised Code and the 19502
section of this actAm. Sub. H.B. 59 of the 130th General Assembly19503
entitled "TEMPORARY TRANSITIONAL AID FOR CITY, LOCAL, AND EXEMPTED 19504
VILLAGE SCHOOL DISTRICTS." and the amounts calculated under 19505
section 3317.162 of the Revised Code.19506

       Appropriation items 200502, Pupil Transportation, 200540, 19507
Special Education Enhancements, and 200550, Foundation Funding, 19508
other than specific set-asides, are collectively used in each 19509
fiscal year to pay state formula aid obligations for school 19510
districts, community schools, STEM schools, college preparatory 19511
boarding schools, and joint vocational school districts under this 19512
actAm. Sub. H.B. 59 of the 130th General Assembly. The first 19513
priority of these appropriation items, with the exception of 19514
specific set-asides, is to fund state formula aid obligations. It 19515
may be necessary to reallocate funds among these appropriation 19516
items or use excess funds from other general revenue fund 19517
appropriation items in the Department of Education's budget in 19518
each fiscal year, in order to meet state formula aid obligations. 19519
If it is determined that it is necessary to transfer funds among 19520
these appropriation items or to transfer funds from other General 19521
Revenue Fund appropriations in the Department of Education's 19522
budget to meet state formula aid obligations, the Department of 19523
Education shall seek approval from the Controlling Board to 19524
transfer funds as needed.19525

       The Superintendent of Public Instruction shall make payments, 19526
transfers, and deductions, as authorized by Title XXXIII of the 19527
Revised Code and Sections 267.30.50, 267.30.53, 267.30.56, and 19528
267.30.60 of Am. Sub. H.B. 153 of the 129th General Assembly, in 19529
amounts substantially equal to those made in the prior year, or 19530
otherwise, at the discretion of the Superintendent, until at least 19531
the effective date of the amendments and enactments made to Title 19532
XXXIII by this actAm. Sub. H.B. 59 of the 130th General Assembly. 19533
If a new school district, community school, or STEM school opens 19534
prior to the effective date of this actAm. Sub. H.B. 59 of the 19535
130th General Assembly, the Department of Education shall pay to 19536
the district or school an amount of $5,000 per pupil, based upon 19537
the estimated number of students that the district or school is 19538
expected to serve. Any funds paid to districts or schools under 19539
this section shall be credited toward the annual funds calculated 19540
for the district or school after the changes made to Title XXXIII 19541
in this actAm. Sub. H.B. 59 of the 130th General Assembly are 19542
effective. Upon the effective date of changes made to Title XXXIII 19543
in this actAm. Sub. H.B. 59 of the 130th General Assembly, funds 19544
shall be calculated as an annual amount.19545

       Sec. 263.240. TEMPORARY TRANSITIONAL AID FOR CITY, LOCAL, AND 19546
EXEMPTED VILLAGE SCHOOL DISTRICTS19547

        The Department of Education shall distribute funds within 19548
appropriation item 200550, Foundation Funding, for temporary 19549
transitional aid in each fiscal year to each qualifying city, 19550
local, and exempted village school district.19551

       (A) For fiscal years 2014 and 2015, the Department shall pay 19552
temporary transitional aid to each city, local, or exempted 19553
village school district that experiences any decrease in its state 19554
foundation funding for the current fiscal year from its 19555
transitional aid guarantee base. The amount of the temporary 19556
transitional aid payment shall equal the difference between its 19557
foundation funding for the current fiscal year and its 19558
transitional aid guarantee base. If the computation made under 19559
this division results in a negative number, the district's funding 19560
under this division shall be zero.19561

       (1) As used in this section, foundation funding for each 19562
city, local, and exempted village school district for a given 19563
fiscal year equals the sum of the amount calculated for the 19564
district under section 3317.022 of the Revised Code, as re-enacted 19565
by this actAm. Sub. H.B. 59 of the 130th General Assembly, and 19566
the amounts calculated for the district under divisions (G)(1) and 19567
(2) of section 3317.0212 of the Revised Code, as amended by this 19568
actAm. Sub. H.B. 59 of the 130th General Assembly, for that 19569
fiscal year.19570

       (2) The transitional aid guarantee base for each city, local, 19571
and exempted village school district equals the sum of the amounts 19572
computed for the district for fiscal year 2013, under Sections 19573
267.30.50, 267.30.53, and 267.30.56 of Am. Sub. H.B. 153 of the 19574
129th General Assembly. The Department of Education shall adjust, 19575
as necessary, the transitional aid guarantee base of any local 19576
school district that participates in the establishment of a joint 19577
vocational school district that begins receiving payments under 19578
section 3317.16 of the Revised Code, as re-enacted by this actAm. 19579
Sub. H.B. 59 of the 130th General Assembly, for fiscal year 2014 19580
or fiscal year 2015, but does not receive payments under Section 19581
267.30.60 of Am. Sub. H.B. 153 of the 129th General Assembly, for 19582
fiscal year 2013. The Department shall adjust any such local 19583
school district's guarantee base according to the amounts received 19584
by the district in fiscal year 2013 for career-technical education 19585
students who attend the newly established joint vocational school 19586
district in fiscal year 2014 or fiscal year 2015.19587

       (B)(1) Notwithstanding section 3317.022 of the Revised Code, 19588
as re-enacted by this actAm. Sub. H.B. 59 of the 130th General 19589
Assembly, in fiscal year 2014, no city, local, or exempted village 19590
school district shall be allocated foundation funding that is 19591
greater than 1.0625 times the district's transitional aid 19592
guarantee base.19593

       (2) Notwithstanding section 3317.022 of the Revised Code, as 19594
re-enacted by this actAm. Sub. H.B. 59 of the 130th General 19595
Assembly, in fiscal year 2015, no city, local, or exempted village 19596
school district shall be allocated foundation funding that is 19597
greater than 1.105 times the district's fiscal year 2014 base, 19598
which is the amount computed for foundation funding for the 19599
district for fiscal year 2014 plus any amount calculated for 19600
temporary transitional aid for fiscal year 2014 under division (A) 19601
of this section and after any reductions made for fiscal year 2014 19602
under division (B)(1) of this section. The Department shall 19603
adjust, as necessary, the fiscal year 2014 base of any local 19604
school district that participates in the establishment of a joint 19605
vocational school district that begins receiving payments under 19606
section 3317.16 of the Revised Code for fiscal year 2015, but does 19607
not receive such payments for fiscal year 2014. The Department 19608
shall adjust any such local school district's fiscal year 2014 19609
base according to the amounts received by the district in fiscal 19610
year 2014 for career-technical education students who attend the 19611
newly established joint vocational school district in fiscal year 19612
2015.19613

        (3) The Department shall reduce a district's payments under 19614
divisions (A)(1), (2), (4), (5), (6), and (7) of section 3317.022 19615
of the Revised Code, as re-enacted by this actAm. Sub. H.B. 59 of 19616
the 130th General Assembly, and divisions (G)(1) and (2) of 19617
section 3317.0212 of the Revised Code, as amended by this actAm. 19618
Sub. H.B. 59 of the 130th General Assembly, proportionately as 19619
necessary in order to comply with this division. If those amounts 19620
are insufficient, the Department shall proportionately reduce a 19621
district's payments under divisions (A)(3), (8), and (9) of 19622
section 3317.022 of the Revised Code, as re-enacted by this act19623
Am. Sub. H.B. 59 of the 130th General Assembly.19624

       Sec. 263.250.  TEMPORARY TRANSITIONAL AID FOR JOINT 19625
VOCATIONAL SCHOOL DISTRICTS19626

       The Department of Education shall distribute funds within 19627
appropriation item 200550, Foundation Funding, for temporary 19628
transitional aid in each fiscal year to each qualifying joint 19629
vocational school district.19630

       (A) For fiscal years 2014 and 2015, the Department shall pay 19631
temporary transitional aid to each joint vocational school 19632
district that experiences any decrease in its state core 19633
foundation funding under division (A) of section 3317.16 of the 19634
Revised Code, as re-enacted by this actAm. Sub. H.B. 59 of the 19635
130th General Assembly, for the current fiscal year from its 19636
transitional aid guarantee base. The amount of the temporary 19637
transitional aid payment shall equal the difference between the 19638
district's funding under division (A) of section 3317.16 of the 19639
Revised Code for the current fiscal year and its transitional aid 19640
guarantee base. If the computation made under this division 19641
results in a negative number, the district's funding under this 19642
division shall be zero.19643

       The transitional aid guarantee base for each joint vocational 19644
school district equals the amount computed for the district for 19645
fiscal year 2013, under Section 267.30.60 of Am. Sub. H.B. 153 of 19646
the 129th General Assembly. The Department of Education shall 19647
establish, as necessary, the transitional aid guarantee base of 19648
any joint vocational school district that begins receiving 19649
payments under section 3317.16 of the Revised Code, as re-enacted 19650
by this actAm. Sub. H.B. 59 of the 130th General Assembly, for 19651
fiscal year 2014 or fiscal year 2015, but does not receive 19652
payments under Section 267.30.60 of Am. Sub. H.B. 153 of the 129th 19653
General Assembly, for fiscal year 2013. The Department shall 19654
establish any such joint vocational school district's guarantee 19655
base as an amount equal to the absolute value of the sum of the 19656
associated adjustments of any local school districts' guarantee 19657
bases under Section 263.240 of this actAm. Sub. H.B. 59 of the 19658
130th General Assembly.19659

       (B)(1) Notwithstanding division (A) of section 3317.16 of the 19660
Revised Code, as re-enacted by this actAm. Sub. H.B. 59 of the 19661
130th General Assembly, in fiscal year 2014, no joint vocational 19662
school district shall be allocated state core foundation funding, 19663
as computed under division (A) of section 3317.16 of the Revised 19664
Code, as re-enacted by this actAm. Sub. H.B. 59 of the 130th 19665
General Assembly, that is greater than 1.0625 times the district's 19666
transitional aid guarantee base.19667

       (2) Notwithstanding division (A) of section 3317.16 of the 19668
Revised Code, as re-enacted by this actAm. Sub. H.B. 59 of the 19669
130th General Assembly, in fiscal year 2015, no joint vocational 19670
school district shall be allocated state core foundation funding, 19671
under division (A) of section 3317.16 of the Revised Code, as 19672
re-enacted by this actAm. Sub. H.B. 59 of the 130th General 19673
Assembly, that is greater than 1.105 times the district's fiscal 19674
year 2014 base, which is the amount computed for state core 19675
foundation funding for the district for fiscal year 2014 under 19676
division (A) of section 3317.16 of the Revised Code, as re-enacted 19677
by this actAm. Sub. H.B. 59 of the 130th General Assembly, plus 19678
any amount calculated for temporary transitional aid for fiscal 19679
year 2014 under division (A) of this section and after any 19680
reductions made for fiscal year 2014 under division (B)(1) of this 19681
section. The Department shall establish, as necessary, the fiscal 19682
year 2014 base of any joint vocational school district that begins 19683
receiving payments under section 3317.16 of the Revised Code for 19684
fiscal year 2015, but does not receive such payments for fiscal 19685
year 2014. The Department shall establish any such joint 19686
vocational school district's fiscal year 2014 base as an amount 19687
equal to the absolute value of the sum of the associated 19688
adjustments of any local school district's fiscal year 2014 base 19689
under division (B)(2) of Section 263.240 of Am. Sub. H.B. 59 of 19690
the 130th General Assembly.19691

       (3) The Department shall reduce a district's payments under 19692
divisions (A)(1), (3), and (4) of section 3317.16 of the Revised 19693
Code, as re-enacted by this actAm. Sub. H.B. 59 of the 130th 19694
General Assembly, proportionately as necessary in order to comply 19695
with this division. If those amounts are insufficient, the 19696
Department shall proportionately reduce a district's payments 19697
under divisions (A)(2), (5), and (6) of section 3317.16 of the 19698
Revised Code, as re-enacted by this actAm. Sub. H.B. 59 of the 19699
130th General Assembly.19700

       Sec. 263.270. TEACHER CERTIFICATION AND LICENSURE19701

       The foregoing appropriation item 200681, Teacher 19702
Certification and Licensure, shall be used by the Department of 19703
Education in each year of the biennium to administer and support 19704
teacher certification and licensure activities.19705

       SCHOOL DISTRICT SOLVENCY ASSISTANCE19706

       (A) Of the foregoing appropriation item 200687, School 19707
District Solvency Assistance, $20,000,000 in each fiscal year 19708
shall be allocated to the School District Shared Resource Account 19709
and $5,000,000 in each fiscal year shall be allocated to the 19710
Catastrophic Expenditures Account. These funds shall be used to 19711
provide assistance and grants to school districts to enable them 19712
to remain solvent under section 3316.20 of the Revised Code. 19713
Assistance and grants shall be subject to approval by the 19714
Controlling Board. Except as provided under division (C) of this 19715
section, any required reimbursements from school districts for 19716
solvency assistance shall be made to the appropriate account in 19717
the School District Solvency Assistance Fund (Fund 5H30).19718

       (B) Notwithstanding any provision of law to the contrary, 19719
upon the request of the Superintendent of Public Instruction, the 19720
Director of Budget and Management may make transfers to the School 19721
District Solvency Assistance Fund (Fund 5H30) from any fund used 19722
by the Department of Education or the General Revenue Fund to 19723
maintain sufficient cash balances in Fund 5H30 in fiscal years 19724
2014 and 2015. Any cash transferred is hereby appropriated. The 19725
transferred cash may be used by the Department of Education to 19726
provide assistance and grants to school districts to enable them 19727
to remain solvent and to pay unforeseeable expenses of a temporary 19728
or emergency nature that the school district is unable to pay from 19729
existing resources. The Director of Budget and Management shall 19730
notify the members of the Controlling Board of any such transfers.19731

        (C) If the cash balance of the School District Solvency 19732
Assistance Fund (Fund 5H30) is insufficient to pay solvency 19733
assistance in fiscal years 2014 and 2015, at the request of the 19734
Superintendent of Public Instruction, and with the approval of the 19735
Controlling Board, the Director of Budget and Management may 19736
transfer cash from the Lottery Profits Education Reserve Fund 19737
(Fund 7018) to Fund 5H30 to provide assistance and grants to 19738
school districts to enable them to remain solvent and to pay 19739
unforeseeable expenses of a temporary nature that they are unable 19740
to pay from existing resources under section 3316.20 of the 19741
Revised Code. Such transfers are hereby appropriated to 19742
appropriation item 200670, School District Solvency Assistance – 19743
Lottery. Any required reimbursements from school districts for 19744
solvency assistance granted from appropriation item 200670, School 19745
District Solvency Assistance – Lottery, shall be made to Fund 19746
7018.19747

       CAREER ADVISING AND MENTORING PROGRAM19748

        The foregoing appropriation item 200629, Career Advising and 19749
Mentoring, shall be used by the State Superintendent of Public 19750
Instruction to create the Career Advising and Mentoring Grant 19751
Program. The Superintendent shall develop guidelines for the 19752
grants. The program shall award competitive matching grants to 19753
provide funding for local networks of volunteers and organizations 19754
to sponsor career advising and mentoring for students in eligible 19755
school districts. Each grant award shall match up to three times 19756
the funds allocated to the project by the local network. Eligible 19757
school districts are those with a high percentage of students in 19758
poverty, a high number of students not graduating on time, and 19759
other criteria as determined by the State Superintendent. Eligible 19760
school districts shall partner with members of the business 19761
community, civic organizations, or the faith-based community to 19762
provide sustainable career advising and mentoring services. 19763

       ADULT CAREER OPPORTUNITY PILOT PROGRAM19764

        The foregoing appropriation item 200654, Adult Career 19765
Opportunity Pilot Program, shall be used by the Superintendent of 19766
Public Instruction to award and administer planning grants for the 19767
Adult Career Opportunity Pilot Program established in section 19768
3313.902 of the Revised Code. The Superintendent may award grants 19769
of up to $500,000 to not more than five eligible institutions. The 19770
grants shall be used by selected eligible institutions to build 19771
capacity to implement the program beginning in the 2015-2016 19772
academic year.19773

        The Superintendent of Public Instruction and the Chancellor, 19774
or their designees, shall develop an application process to award 19775
these grants to eligible institutions geographically dispersed 19776
across the state. Any remaining appropriation after providing 19777
grants to eligible institutions may be used to provide technical 19778
assistance to eligible institutions receiving the grant.19779

        The Superintendent, in consultation with the Chancellor, the 19780
Governor's Office of Workforce Transformation, the Ohio 19781
Association of Community Colleges, Ohio Technical Centers, Adult 19782
Basic and Literacy Education programs, and other interested 19783
parties as deemed necessary, or their designees, shall develop 19784
recommendations for the method of funding and other associated 19785
requirements for the Adult Career Opportunity Pilot Program. The 19786
Superintendent shall provide a report of the recommendations to 19787
the Governor, the President of the Senate, and the Speaker of the 19788
House of Representatives by December 31, 2014.19789

        As used in this section, "eligible institution" has the same 19790
meaning as in section 3313.902 of the Revised Code.19791

       Sec. 263.325. (A) The Straight A Program is hereby created 19792
for fiscal years 2014 and 2015 to provide grants to city, local, 19793
exempted village, and joint vocational school districts, 19794
educational service centers, community schools established under 19795
Chapter 3314., STEM schools established under Chapter 3326., 19796
college-preparatory boarding schools established under Chapter 19797
3328. of the Revised Code, individual school buildings, education 19798
consortia (which may represent a partnership among school 19799
districts, school buildings, community schools, or STEM schools), 19800
institutions of higher education, and private entities partnering 19801
with one or more of the educational entities identified in this 19802
division for projects that aim to achieve significant advancement 19803
in one or more of the following goals:19804

       (1) Student achievement;19805

       (2) Spending reduction in the five-year fiscal forecast 19806
required under section 5705.391 of the Revised Code;19807

       (3) Utilization of a greater share of resources in the 19808
classroom.19809

       (B)(1) Grants shall be awarded by a nine-member governing 19810
board consisting of the Superintendent of Public Instruction, or 19811
the Superintendent's designee, four members appointed by the 19812
Governor, two members appointed by the Speaker of the House of 19813
Representatives, and two members appointed by the President of the 19814
Senate. The Department of Education shall provide administrative 19815
support to the board. No member shall be compensated for the 19816
member's service on the board.19817

       (2) The board shall select grant advisors with fiscal 19818
expertise and education expertise. These advisors shall evaluate 19819
proposals from grant applicants and advise the staff administering 19820
the program. No advisor shall be compensated for this service.19821

       (3) The board shall issue an annual report to the Governor, 19822
the Speaker of the House of Representatives, the President of the 19823
Senate, and the chairpersons of the House and Senate committees 19824
that primarily deal with education regarding the types of grants 19825
awarded, the grant recipients, and the effectiveness of the grant 19826
program.19827

       (4) The board shall create a grant application and publish on 19828
the Department's web site the application and timeline for the 19829
submission, review, notification, and awarding of grant proposals.19830

        (5) With the approval of the board, the Department shall 19831
establish a system for evaluating and scoring the grant 19832
applications received under this section. 19833

       (C) Each grant applicant shall submit a proposal that 19834
includes all of the following:19835

       (1) A description of the project for which the applicant is 19836
seeking a grant, including a description of how the project will 19837
have substantial value and lasting impact;19838

       (2) An explanation of how the project will be 19839
self-sustaining. If the project will result in increased ongoing 19840
spending, the applicant shall show how the spending will be offset 19841
by verifiable, credible, permanent spending reductions.19842

       (3) A description of quantifiable results of the project that 19843
can be benchmarked.19844

       If an education consortia described in division (A) of this 19845
section applies for a grant, the lead applicant shall be the 19846
school district, school building, community school, or STEM school 19847
that is a member of the consortia and shall so indicate on the 19848
grant application.19849

       (D)(1) Within seventy-five days after receiving a grant 19850
application, the board shall issue a decision on the application 19851
of "yes," "no," "hold," or "edit." In making its decision, the 19852
board shall consider whether the project has the capability of 19853
being replicated in other school districts and schools or creates 19854
something that can be used in other districts and schools. A grant 19855
awarded under this section to a school district, educational 19856
service center, community school, STEM school, college-preparatory 19857
boarding school, individual school building, institution of higher 19858
education, or private entity partnering with one or more of the 19859
educational entities identified in division (A) of this section 19860
shall not exceed $5,000,000 in each fiscal year. A grant awarded 19861
to an education consortia shall not exceed $15,000,000 in each 19862
fiscal year. The Superintendent of Public Instruction may make 19863
recommendations to the Controlling Board that these maximum 19864
amounts be exceeded. Upon Controlling Board approval, grants may 19865
be awarded in excess of these amounts.19866

       (2) If the board issues a "hold" or "edit" decision for an 19867
application, it shall, upon returning the application to the 19868
applicant, specify the process for reconsideration of the 19869
application. An applicant may work with the grant advisors and 19870
staff to modify or improve a grant application.19871

       (E) Upon deciding to award a grant to an applicant, the board 19872
shall enter into a grant agreement with the applicant that 19873
includes all of the following:19874

       (1) The content of the applicant's proposal as outlined under 19875
division (C) of this section;19876

       (2) The project's deliverables and a timetable for their 19877
completion;19878

       (3) Conditions for receiving grant funding;19879

       (4) Conditions for receiving funding in future years if the 19880
contract is a multi-year contract;19881

       (5) A provision specifying that funding will be returned to 19882
the board if the applicant fails to implement the agreement, as 19883
determined by the Auditor of State.19884

       (6) A provision specifying that the agreement may be amended 19885
by mutual agreement between the board and the applicant.19886

       (F) An advisory committee for the Straight A Program is 19887
hereby established. The committee shall consist of not more than 19888
eleven members appointed by the Governor that represent all areas 19889
of the state and different interests. The committee shall annually 19890
review the Straight A Program and provide strategic advice to the 19891
governing board and the Director of the Governor's Office of 21st 19892
Century Education.19893

        (G) Each grant awarded under this section shall be subject to 19894
approval by the Controlling Board prior to execution of the grant 19895
agreement.19896

       (H) Notwithstanding Section 503.50 of Am. Sub. H.B. 59 of the 19897
130th General Assembly, encumbrances made for grants awarded under 19898
this section may be used for expenses incurred outside of the 19899
fiscal year in which the grant is awarded and remain open for 19900
twelve months after the close of the fiscal year.19901

       Sec. 275.10. EPA ENVIRONMENTAL PROTECTION AGENCY19902

General Revenue Fund19903

GRF 715502 Auto Emissions e-Check Program $ 10,923,093 $ 10,923,093 19904
TOTAL GRF General Revenue Fund $ 10,923,093 $ 10,923,093 19905

General Services Fund Group19906

1990 715602 Laboratory Services $ 252,153 $ 326,029 19907
2190 715604 Central Support Indirect $ 10,255,680 $ 10,255,680 19908
4A10 715640 Operating Expenses $ 2,600,000 $ 2,602,000 19909
4D50 715618 Recycled State Materials $ 50,000 $ 50,000 19910
TOTAL GSF General Services 19911
Fund Group $ 13,157,833 $ 13,233,709 19912

Federal Special Revenue Fund Group19913

3530 715612 Public Water Supply $ 2,562,578 $ 2,474,605 19914
3540 715614 Hazardous Waste Management - Federal $ 4,088,383 $ 4,088,383 19915
3570 715619 Air Pollution Control - Federal $ 6,310,203 $ 6,310,203 19916
3620 715605 Underground Injection Control - Federal $ 111,874 $ 111,874 19917
3BU0 715684 Water Quality Protection $ 16,205,000 $ 15,280,000 19918
3CS0 715688 Federal NRD Settlements $ 200,000 $ 200,000 19919
3F20 715630 Revolving Loan Fund - Operating $ 832,543 $ 1,114,543 19920
3F30 715632 Federally Supported Cleanup and Response $ 3,012,021 $ 3,012,991 19921
3FH0 715693 Diesel Emission Reduction Grants $ 10,000,000 $ 10,000,000 2,500,000 19922
3T30 715669 Drinking Water State Revolving Fund $ 2,609,198 $ 2,824,076 19923
3V70 715606 Agencywide Grants $ 600,000 $ 600,000 19924
TOTAL FED Federal Special Revenue 19925
Fund Group $ 46,531,800 $ 46,016,675 38,516,675 19926

State Special Revenue Fund Group19927

4J00 715638 Underground Injection Control $ 389,126 $ 402,697 19928
4K20 715648 Clean Air - Non Title V $ 3,165,400 $ 3,237,450 19929
4K30 715649 Solid Waste $ 15,685,342 $ 16,330,873 19930
4K40 715650 Surface Water Protection $ 6,993,800 $ 7,688,800 19931
4K40 715686 Environmental Laboratory Services $ 2,096,007 $ 2,096,007 19932
4K50 715651 Drinking Water Protection $ 6,316,772 $ 6,476,011 19933
4P50 715654 Cozart Landfill $ 100,000 $ 100,000 19934
4R50 715656 Scrap Tire Management $ 1,059,378 $ 1,070,532 19935
4R90 715658 Voluntary Action Program $ 916,690 $ 945,195 19936
4T30 715659 Clean Air - Title V Permit Program $ 14,528,885 $ 15,080,366 19937
4U70 715660 Construction and Demolition Debris $ 335,000 $ 335,000 19938
5000 715608 Immediate Removal Special Account $ 660,033 $ 660,293 19939
5030 715621 Hazardous Waste Facility Management $ 7,615,403 $ 8,224,041 19940
5050 715623 Hazardous Waste Cleanup $ 14,528,609 $ 14,933,345 19941
5050 715674 Clean Ohio Environmental Review $ 108,104 $ 108,104 19942
5320 715646 Recycling and Litter Control $ 4,514,500 $ 4,535,500 19943
5410 715670 Site Specific Cleanup $ 1,548,101 $ 1,548,101 19944
5420 715671 Risk Management Reporting $ 208,936 $ 214,826 19945
5860 715637 Scrap Tire Market Development $ 1,497,645 $ 1,497,645 19946
5BC0 715617 Clean Ohio $ 611,455 $ 611,455 19947
5BC0 715622 Local Air Pollution Control $ 2,297,980 $ 2,297,980 19948
5BC0 715624 Surface Water $ 9,614,974 $ 9,614,974 19949
5BC0 715672 Air Pollution Control $ 5,684,758 $ 5,684,758 19950
5BC0 715673 Drinking and Ground Water $ 4,863,521 $ 4,863,521 19951
5BC0 715676 Assistance and Prevention $ 695,069 $ 695,069 19952
5BC0 715677 Laboratory $ 1,358,586 $ 1,558,586 19953
5BC0 715678 Corrective Actions $ 705,423 $ 705,423 19954
5BC0 715687 Areawide Planning Agencies $ 450,000 $ 450,000 19955
5BC0 715692 Administration $ 10,582,627 $ 10,582,627 19956
5BC0 715694 Environmental Resource Coordination $ 170,000 $ 170,000 19957
5BT0 715679 C&DD Groundwater Monitoring $ 203,800 $ 203,800 19958
5CD0 715682 Clean Diesel School Buses $ 475,000 $ 475,000 19959
5H40 715664 Groundwater Support $ 128,212 $ 223,212 19960
5Y30 715685 Surface Water Improvement $ 1,800,000 $ 1,800,000 19961
6440 715631 Emergency Response Radiological Safety $ 284,266 $ 290,674 19962
6600 715629 Infectious Waste Management $ 88,764 $ 88,764 19963
6760 715642 Water Pollution Control Loan Administration $ 3,921,605 $ 3,921,605 19964
6780 715635 Air Toxic Release $ 133,636 $ 133,636 19965
6790 715636 Emergency Planning $ 2,623,252 $ 2,623,252 19966
6960 715643 Air Pollution Control Administration $ 1,100,000 $ 1,125,000 19967
6990 715644 Water Pollution Control Administration $ 345,000 $ 345,000 19968
6A10 715645 Environmental Education $ 1,350,000 $ 1,350,000 19969
TOTAL SSR State Special Revenue Fund Group $ 131,755,659 $ 135,299,122 19970

Clean Ohio Conservation Fund Group19971

5S10 715607 Clean Ohio - Operating $ 284,124 $ 284,124 19972
TOTAL CLF Clean Ohio Conservation Fund Group $ 284,124 $ 284,124 19973
TOTAL ALL BUDGET FUND GROUPS $ 202,652,509 $ 205,756,723 198,256,723 19974

       AREAWIDE PLANNING AGENCIES19975

       The Director of Environmental Protection Agency may award 19976
grants from appropriation item 715687, Areawide Planning Agencies, 19977
to areawide planning agencies engaged in areawide water quality 19978
management and planning activities in accordance with Section 208 19979
of the "Federal Clean Water Act," 33 U.S.C. 1288.19980

       CASH TRANSFERS19981

       On July 1, 2013, or as soon as possible thereafter, the 19982
Director of Budget and Management may transfer up to $11,400,000 19983
cash from the Hazardous Waste Management Fund (Fund 5030) to the 19984
Hazardous Waste Cleanup Fund (Fund 5050) to support closure and 19985
corrective action programs that were transferred to the Division 19986
of Environmental Response and Revitalization.19987

       On July 1, 2013, or as soon as possible thereafter, the 19988
Director of Environmental Protection shall certify to the Director 19989
of Budget and Management the cash balance in the Dredge and Fill 19990
Fund (Fund 5N20). The Director of Budget and Management shall 19991
transfer the certified amount from Fund 5N20 to the Surface Water 19992
Protection Fund (Fund 4K40). Any existing encumbrances against 19993
appropriation item 715613, Dredge and Fill, shall be canceled and 19994
reestablished against appropriation item 715650, Surface Water 19995
Protection. The reestablished encumbrance amounts are hereby 19996
appropriated and Fund 5N20 is abolished.19997

       Sec. 282.10. FCC OHIO FACILITIES CONSTRUCTION COMMISSION19998

General Revenue Fund19999

GRF 230401 Lease Rental Payments - Cultural Facilities $ 33,106,400 $ 29,854,500 20000
GRF 230458 State Construction Management Services $ 2,495,751 $ 2,245,751 20001
GRF 230908 Common Schools General Obligation Debt Service $ 351,806,100 332,506,100 $ 377,364,700 358,364,700 20002
TOTAL GRF General Revenue Fund $ 387,408,251 368,108,251 $ 409,464,951 390,464,951 20003

General Services Fund Group20004

1310 230639 State Construction Management Operations $ 9,463,342 $ 9,463,342 20005
TOTAL GSF General Services Fund Group $ 9,463,342 $ 9,463,342 20006

State Special Revenue Fund Group20007

4T80 230603 Community Project Administration $ 200,000 $ 200,000 20008
5E30 230644 Operating Expenses $ 8,550,000 $ 8,550,000 20009
TOTAL SSR State Special Revenue 20010
Fund Group $ 8,750,000 $ 8,750,000 20011
TOTAL ALL BUDGET FUND GROUPS $ 405,621,593 386,321,593 $ 427,678,293 408,678,293 20012


       Sec. 282.30.  COMMUNITY PROJECT ADMINISTRATION20014

       The foregoing appropriation item 230603, Community Project 20015
Administration, shall be used by the Ohio Facilities Construction 20016
Commission in administering Cultural and Sports Facilities 20017
Building Fund (Fund 7030) projects pursuant to section 123.201 of 20018
the Revised Code.20019

       TRANSFERS TO CULTURAL FACILITIES ADMINISTRATION FUND20020

       By the tenth day following each calendar quarter in each 20021
fiscal year, or as soon as possible thereafter, the Director of 20022
Budget and Management shall determine the amount of cash, if any, 20023
to be transferred from the Cultural and Sports Facilities Building 20024
Fund (Fund 7030) to the Cultural Facilities Administration Fund 20025
(Fund 4T80).20026

        As soon as possible after each bond issuance made on behalf 20027
of the Facilities Construction Commission, the Director of Budget 20028
and Management shall determine the amount of cash, if any, from 20029
the bond proceeds to be transferred, after all issuance costs have 20030
been paid, from Fund 7030 to Fund 4T80.20031

       Sec. 285.10. DOH DEPARTMENT OF HEALTH20032

General Revenue Fund20033

GRF 440412 Cancer Incidence Surveillance System $ 600,000 $ 600,000 20034
GRF 440413 Local Health Departments $ 823,061 $ 823,061 20035
GRF 440416 Mothers and Children Safety Net Services $ 4,428,015 $ 4,428,015 20036
GRF 440418 Immunizations $ 8,825,829 $ 8,825,829 20037
GRF 440431 Free Clinics Safety Net Services $ 437,326 $ 437,326 20038
GRF 440438 Breast and Cervical Cancer Screening $ 823,217 $ 823,217 20039
GRF 440444 AIDS Prevention and Treatment $ 5,842,315 $ 5,842,315 20040
GRF 440451 Public Health Laboratory $ 3,655,449 $ 3,655,449 20041
GRF 440452 Child and Family Health Services Match $ 630,444 $ 630,444 20042
GRF 440453 Health Care Quality Assurance $ 4,874,361 $ 4,874,361 20043
GRF 440454 Environmental Health $ 1,194,634 $ 1,194,634 20044
GRF 440459 Help Me Grow $ 33,673,987 $ 33,673,987 20045
GRF 440465 Federally Qualified Health Centers $ 2,686,688 $ 2,686,688 1,186,688 20046
GRF 440467 Access to Dental Care $ 540,484 $ 540,484 20047
GRF 440468 Chronic Disease and Injury Prevention $ 2,447,251 $ 2,447,251 20048
GRF 440472 Alcohol Testing $ 1,100,000 $ 1,100,000 20049
GRF 440473 Tobacco Prevention and Cessation $ 1,050,000 $ 1,050,000 20050
GRF 440474 Infant Vitality $ 3,116,688 $ 3,116,688 20051
GRF 440505 Medically Handicapped Children $ 7,512,451 $ 7,512,451 20052
GRF 440507 Targeted Health Care Services Over 21 $ 1,045,414 $ 1,045,414 20053
GRF 440516 Enhanced Primary Care Capacity $ 0 $ 1,500,000 20054
GRF 654453 Medicaid - Health Care Quality Assurance $ 3,300,000 $ 3,300,000 20055
TOTAL GRF General Revenue Fund $ 88,607,614 $ 88,607,614 20056

State Highway Safety Fund Group20057

4T40 440603 Child Highway Safety $ 233,894 $ 233,894 20058
TOTAL HSF State Highway Safety 20059
Fund Group $ 233,894 $ 233,894 20060

General Services Fund Group20061

1420 440646 Agency Health Services $ 820,998 $ 820,998 20062
2110 440613 Central Support Indirect Costs $ 30,615,591 $ 31,052,469 30,052,469 20063
4730 440622 Lab Operating Expenses $ 5,000,000 $ 5,000,000 20064
6980 440634 Nurse Aide Training $ 99,265 $ 99,265 20065
TOTAL GSF General Services 20066
Fund Group $ 36,535,854 $ 36,972,732 35,972,732 20067

Federal Special Revenue Fund Group20068

3200 440601 Maternal Child Health Block Grant $ 23,889,057 $ 23,889,057 20069
3870 440602 Preventive Health Block Grant $ 6,000,000 $ 6,000,000 20070
3890 440604 Women, Infants, and Children $ 250,000,000 $ 250,000,000 20071
3910 440606 Medicare Survey and Certification $ 19,449,282 $ 19,961,405 20072
3920 440618 Federal Public Health Programs $ 134,546,304 $ 135,140,586 20073
3GD0 654601 Medicaid Program Support $ 21,126,014 $ 22,392,094 20074
TOTAL FED Federal Special Revenue 20075
Fund Group $ 455,010,657 $ 457,383,142 20076

State Special Revenue Fund Group20077

4700 440647 Fee Supported Programs $ 25,305,250 $ 25,613,586 20078
4710 440619 Certificate of Need $ 878,433 $ 878,433 20079
4770 440627 Medically Handicapped Children Audit $ 3,692,703 $ 3,692,703 20080
4D60 440608 Genetics Services $ 3,311,039 $ 3,311,039 20081
4F90 440610 Sickle Cell Disease Control $ 1,032,824 $ 1,032,824 20082
4G00 440636 Heirloom Birth Certificate $ 5,000 $ 5,000 20083
4G00 440637 Birth Certificate Surcharge $ 5,000 $ 5,000 20084
4L30 440609 HIV Care and Miscellaneous Expenses $ 8,333,164 $ 8,333,164 20085
4P40 440628 Ohio Physician Loan Repayment $ 476,870 $ 476,870 20086
4V60 440641 Save Our Sight $ 2,255,789 $ 2,255,789 20087
5B50 440616 Quality, Monitoring, and Inspection $ 878,997 $ 878,997 20088
5CN0 440645 Choose Life $ 75,000 $ 75,000 20089
5D60 440620 Second Chance Trust $ 1,151,902 $ 1,151,902 20090
5ED0 440651 Smoke Free Indoor Air $ 250,000 $ 250,000 20091
5G40 440639 Adoption Services $ 20,000 $ 20,000 20092
5PE0 440659 Breast and Cervical Cancer Services $ 0 $ 100,000 20093
5Z70 440624 Ohio Dentist Loan Repayment $ 140,000 $ 140,000 20094
6100 440626 Radiation Emergency Response $ 1,049,954 $ 1,086,098 20095
6660 440607 Medically Handicapped Children - County Assessments $ 19,739,617 $ 19,739,617 20096
TOTAL SSR State Special Revenue 20097
Fund Group $ 68,601,542 $ 68,946,022 69,046,022 20098

Holding Account Redistribution Fund Group20099

R014 440631 Vital Statistics $ 44,986 $ 44,986 20100
R048 440625 Refunds, Grants Reconciliation, and Audit Settlements $ 20,000 $ 20,000 20101
TOTAL 090 Holding Account 20102
Redistribution Fund Group $ 64,986 $ 64,986 20103

Tobacco Master Settlement Agreement Fund Group20104

5BX0 440656 Tobacco Use Prevention $ 1,450,000 $ 1,450,000 6,350,000 20105
TOTAL TSF Tobacco Master Settlement Agreement Fund Group $ 1,450,000 $ 1,450,000 6,350,000 20106
TOTAL ALL BUDGET FUND GROUPS $ 650,504,547 $ 653,658,390 657,658,390 20107


       Sec. 285.20.  MOTHERS AND CHILDREN SAFETY NET SERVICES20109

        Of the foregoing appropriation item 440416, Mothers and 20110
Children Safety Net Services, $200,000 in each fiscal year shall 20111
be used to assist families with hearing impaired children under 20112
twenty-one years of age in purchasing hearing aids. The Director 20113
of Health shall adopt rules governing the distribution of these 20114
funds, including rules that do both of the following: (1) 20115
establish eligibility criteria to include families with incomes at 20116
or below four hundred per cent of the federal poverty guidelines 20117
as defined in section 5101.46 of the Revised Code, and (2) develop 20118
a sliding scale of disbursements under this section based on 20119
family income. The Director may adopt other rules as necessary to 20120
implement this section. Rules adopted under this section shall be 20121
adopted in accordance with Chapter 119. of the Revised Code.20122

        The Department shall disburse all of the funds appropriated 20123
under this section.20124

        HIV/AIDS PREVENTION/TREATMENT20125

       The foregoing appropriation item 440444, AIDS Prevention and 20126
Treatment, shall be used to assist persons with HIV/AIDS in 20127
acquiring HIV-related medications and to administer educational 20128
prevention initiatives.20129

       PUBLIC HEALTH LABORATORY20130

       A portion of the foregoing appropriation item 440451, Public 20131
Health Laboratory, shall be used for coordination and management 20132
of prevention program operations and the purchase of drugs for 20133
sexually transmitted diseases.20134

       HELP ME GROW20135

       The foregoing appropriation item 440459, Help Me Grow, shall 20136
be used by the Department of Health to implement the Help Me Grow 20137
Program. Funds shall be distributed to counties through 20138
agreements, contracts, grants, or subsidies in accordance with 20139
section 3701.61 of the Revised Code. Appropriation item 440459, 20140
Help Me Grow, may be used in conjunction with other early 20141
childhood funds and services to promote the optimal development of 20142
young children and family-centered programs and services that 20143
acknowledge and support the social, emotional, cognitive, 20144
intellectual, and physical development of children and the vital 20145
role of families in ensuring the well-being and success of 20146
children. The Department of Health shall enter into interagency 20147
agreements with the Department of Education, Department of 20148
Developmental Disabilities, Department of Job and Family Services, 20149
and Department of Mental Health and Addiction Services to ensure 20150
that all early childhood programs and initiatives are coordinated 20151
and school linked.20152

       The foregoing appropriation item 440459, Help Me Grow, may 20153
also be used for the Developmental Autism and Screening Program.20154

       INFANT VITALITY20155

       The foregoing appropriation item 440474, Infant Vitality, 20156
shall be used to fund the following projects, which are hereby 20157
created: 20158

       (A) The Infant Safe Sleep Campaign to educate parents and 20159
caregivers with a uniform message regarding safe sleep 20160
environments; 20161

       (B) The Progesterone Prematurity Prevention Project to enable 20162
prenatal care providers to identify, screen, treat, and track 20163
outcomes for women eligible for progesterone supplementation; and 20164

       (C) The Prenatal Smoking Cessation Project to enable prenatal 20165
care providers who work with women of reproductive age, including 20166
pregnant women, to have the tools, training, and technical 20167
assistance needed to treat smokers effectively. 20168

       TARGETED HEALTH CARE SERVICES OVER 2120169

       The foregoing appropriation item 440507, Targeted Health Care 20170
Services Over 21, shall be used to administer the Cystic Fibrosis 20171
Program and to implement the Hemophilia Insurance Premium Payment 20172
Program.20173

       The foregoing appropriation item 440507, Targeted Health Care 20174
Services Over 21, shall also be used to provide essential 20175
medications and to pay the copayments for drugs approved by the 20176
Department of Health and covered by Medicare Part D that are 20177
dispensed to Bureau for Children with Medical Handicaps (BCMH) 20178
participants for the Cystic Fibrosis Program.20179

       The Department shall expend all of these funds.20180

       CASH TRANSFERS TO THE MEDICAID FUND20181

        On July 1, 2013, or as soon as possible thereafter, the 20182
Director of Health shall certify to the Director of Budget and 20183
Management the cash balance relating to Medicaid restructuring in 20184
the following funds, all used by the Department of Health: the 20185
General Operations Fund (Fund 4700); the General Operations Fund 20186
(Fund 1420); the General Operations Fund (Fund 3920); and the 20187
Medicaid/Medicare Fund (Fund 3910). Upon receiving this 20188
certification, the Director of Budget and Management may transfer 20189
the amount certified to the Medicaid Fund (Fund 3GD0), used by the 20190
Department of Health. If this transfer occurs, the Director of 20191
Budget and Management shall cancel any existing encumbrances 20192
pertaining to Medicaid in appropriation items 440647, Fee 20193
Supported Programs, 440646, Agency Health Services, 440618, 20194
Federal Public Health Programs, and 440606, Medicare Survey and 20195
Certification, and reestablish them against appropriation item 20196
654601, Medicaid Program Support. The reestablished encumbrance 20197
amounts are hereby appropriated.20198

       GENETICS SERVICES20199

       The foregoing appropriation item 440608, Genetics Services 20200
(Fund 4D60), shall be used by the Department of Health to 20201
administer programs authorized by sections 3701.501 and 3701.502 20202
of the Revised Code. None of these funds shall be used to counsel 20203
or refer for abortion, except in the case of a medical emergency.20204

       MEDICALLY HANDICAPPED CHILDREN AUDIT20205

       The Medically Handicapped Children Audit Fund (Fund 4770) 20206
shall receive revenue from audits of hospitals and recoveries from 20207
third-party payers. Moneys may be expended for payment of audit 20208
settlements and for costs directly related to obtaining recoveries 20209
from third-party payers and for encouraging Medically Handicapped 20210
Children's Program recipients to apply for third-party benefits. 20211
Moneys also may be expended for payments for diagnostic and 20212
treatment services on behalf of medically handicapped children, as 20213
defined in division (A) of section 3701.022 of the Revised Code, 20214
and Ohio residents who are twenty-one or more years of age and who 20215
are suffering from cystic fibrosis or hemophilia. Moneys may also 20216
be expended for administrative expenses incurred in operating the 20217
Medically Handicapped Children's Program.20218

       MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS20219

       The foregoing appropriation item 440607, Medically 20220
Handicapped Children - County Assessments (Fund 6660), shall be 20221
used to make payments under division (E) of section 3701.023 of 20222
the Revised Code.20223

       CASH TRANSFER FROM THE PUBLIC HEALTH PRIORITIES TRUST FUND TO 20224
THE TOBACCO USE PREVENTION FUND20225

       On July 1, 2013, or as soon as possible thereafter, the 20226
Director of Budget and Management shall transfer $2,439,230 cash 20227
from the Public Health Priorities Trust Fund (Fund L087) to the 20228
Tobacco Use Prevention Fund (Fund 5BX0) to meet the operating 20229
needs of the Department of Health's tobacco enforcement and 20230
cessation efforts.20231

       CASH TRANSFER FROM THE PRE-SECURITIZATION TOBACCO PAYMENTS 20232
FUND TO THE TOBACCO USE PREVENTION FUND20233

       Notwithstanding Section 512.20 of Am. Sub. H.B. 487 of the 20234
129th General Assembly, on July 1, 2014, or as soon as possible 20235
thereafter, the Director of Budget and Management may transfer 20236
cash determined to be in excess of the tobacco enforcement needs 20237
of the Attorney General from the Pre-Securitization Tobacco 20238
Payments Fund (Fund 5LS0) to the Tobacco Use Prevention Fund (Fund 20239
5BX0).20240

       Sec. 301.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES20241

General Revenue Fund20242

GRF 600321 Program Support $ 31,320,964 $ 31,109,751 20243
GRF 600410 TANF State/Maintenance of Effort $ 152,386,934 $ 152,386,934 20244
GRF 600413 Child Care State/Maintenance of Effort $ 84,732,730 $ 84,732,730 20245
GRF 600416 Information Technology Projects $ 54,223,871 $ 54,184,700 20246
GRF 600420 Child Support Programs $ 6,498,667 $ 6,591,048 20247
GRF 600421 Family Assistance Programs $ 3,161,930 $ 3,161,930 20248
GRF 600423 Families and Children Programs $ 6,384,514 $ 6,542,517 20249
GRF 600502 Child Support - Local $ 23,814,103 $ 23,814,103 20250
GRF 600511 Disability Financial Assistance $ 22,000,000 $ 22,000,000 20251
GRF 600521 Family Assistance - Local $ 41,132,751 $ 41,132,751 20252
GRF 600523 Family and Children Services $ 54,255,323 $ 54,255,323 20253
GRF 600528 Adoption Services 20254
State $ 28,623,389 $ 28,623,389 20255
Federal $ 38,202,557 $ 38,202,557 20256
Adoption Services Total $ 66,825,946 $ 66,825,946 20257
GRF 600533 Child, Family, and Adult Community & Protective Services $ 13,500,000 $ 13,500,000 20258
GRF 600534 Adult Protective Services $ 500,000 $ 500,000 20259
GRF 600535 Early Care and Education $ 123,596,474 $ 123,596,474 20260
GRF 600540 Food Banks $ 6,000,000 $ 6,000,000 20261
GRF 600541 Kinship Permanency Incentive Program $ 3,500,000 $ 3,500,000 20262
GRF 655522 Medicaid Program Support - Local $ 38,267,970 $ 38,267,970 20263
GRF 655523 Medicaid Program Support - Local Transportation $ 30,680,495 $ 30,680,495 20264
TOTAL GRF General Revenue Fund 20265
State $ 724,580,115 $ 724,580,115 20266
Federal $ 38,202,557 $ 38,202,557 20267
GRF Total $ 762,782,672 $ 762,782,672 20268

General Services Fund Group20269

4A80 600658 Public Assistance Activities $ 34,000,000 $ 34,000,000 20270
5DM0 600633 Administration & Operating $ 19,660,339 $ 19,660,339 20271
5HC0 600695 Unemployment Compensation Interest $ 60,000,000 $ 60,000,000 20272
5HL0 600602 State and County Shared Services $ 3,020,000 $ 3,020,000 20273
TOTAL GSF General Services 20274
Fund Group $ 124,780,339 $ 116,773,328 20275

Federal Special Revenue Fund Group20276

3270 600606 Child Welfare $ 29,769,866 $ 29,769,866 20277
3310 600615 Veterans Programs $ 8,000,000 $ 8,000,000 20278
3310 600624 Employment Services Programs $ 26,000,000 $ 26,000,000 20279
3310 600686 Workforce Programs $ 6,260,000 $ 6,260,000 20280
3840 600610 Food Assistance Programs $ 209,333,246 $ 180,381,394 20281
3850 600614 Refugee Services $ 12,564,952 $ 12,564,952 20282
3950 600616 Federal Discretionary Grants $ 2,259,264 $ 2,259,264 20283
3960 600620 Social Services Block Grant $ 47,000,000 $ 47,000,000 20284
3970 600626 Child Support - Federal $ 235,000,000 $ 235,000,000 20285
3980 600627 Adoption Program - Federal $ 174,178,779 $ 174,178,779 20286
3A20 600641 Emergency Food Distribution $ 5,000,000 $ 5,000,000 20287
3D30 600648 Children's Trust Fund Federal $ 3,477,699 $ 3,477,699 20288
3F01 655624 Medicaid Program Support $ 110,680,495 $ 110,680,495 20289
3H70 600617 Child Care Federal $ 241,987,805 $ 222,212,089 20290
3N00 600628 Foster Care Program - Federal $ 311,968,616 $ 311,968,616 20291
3S50 600622 Child Support Projects $ 534,050 $ 534,050 20292
3V00 600688 Workforce Investment Act Programs $ 136,000,000 $ 136,000,000 20293
3V40 600678 Federal Unemployment Programs $ 182,814,212 $ 182,814,212 20294
3V40 600679 UC Review Commission - Federal $ 6,185,788 $ 6,185,788 20295
3V60 600689 TANF Block Grant $ 777,957,809 $ 790,304,845 20296
TOTAL FED Federal Special Revenue 20297
Fund Group $ 2,526,972,581 $ 2,490,592,049 20298

State Special Revenue Fund Group20299

1980 600647 Children's Trust Fund $ 5,873,848 $ 5,873,848 20300
4A90 600607 Unemployment Compensation Administration Fund $ 9,006,000 $ 9,006,000 12,506,000 20301
4E70 600604 Family and Children Services Collections $ 400,000 $ 400,000 20302
4F10 600609 Family and Children Activities $ 683,549 $ 683,549 20303
5DB0 600637 Military Injury Relief Subsidies $ 2,000,000 $ 2,000,000 20304
5DP0 600634 Adoption Assistance Loan $ 500,000 $ 500,000 20305
5ES0 600630 Food Bank Assistance $ 500,000 $ 500,000 20306
5KU0 600611 Unemployment Compensation Support - Other Sources $ 2,000,000 $ 2,000,000 20307
5NG0 600660 Victims of Human Trafficking $ 100,000 $ 100,000 20308
5U60 600663 Family and Children Support $ 4,000,000 $ 4,000,000 20309
TOTAL SSR State Special Revenue 20310
Fund Group $ 25,063,397 $ 25,063,397 28,563,397 20311

Agency Fund Group20312

1920 600646 Child Support Intercept - Federal $ 129,250,000 $ 129,250,000 20313
5830 600642 Child Support Intercept - State $ 14,000,000 $ 14,000,000 20314
5B60 600601 Food Assistance Intercept $ 1,000,000 $ 1,000,000 20315
TOTAL AGY Agency Fund Group $ 144,250,000 $ 144,250,000 20316

Holding Account Redistribution Fund Group20317

R012 600643 Refunds and Audit Settlements $ 2,200,000 $ 2,200,000 20318
R013 600644 Forgery Collections $ 10,000 $ 10,000 20319
TOTAL 090 Holding Account Redistribution Fund Group $ 2,210,000 $ 2,210,000 20320
TOTAL ALL BUDGET FUND GROUPS $ 3,586,058,989 $ 3,541,671,446 3,545,171,446 20321


       Sec. 327.10. MHA DEPARTMENT OF MENTAL HEALTH AND ADDICTION 20323
SERVICES20324

General Revenue Fund20325

GRF 333321 Central Administration $ 13,495,337 $ 13,486,290 20326
GRF 333402 Resident Trainees $ 450,000 $ 450,000 20327
GRF 333415 Lease-Rental Payments $ 15,843,300 14,743,300 $ 16,076,700 20328
GRF 333416 Research Program Evaluation $ 321,998 $ 321,998 20329
GRF 334412 Hospital Services $ 190,514,437 $ 190,514,437 20330
GRF 334506 Court Costs $ 784,210 $ 784,210 20331
GRF 335405 Family & Children First $ 1,386,000 $ 1,386,000 20332
GRF 335406 Prevention and Wellness $ 868,659 $ 868,659 20333
GRF 335421 Continuum of Care Services $ 77,733,742 $ 77,633,742 20334
GRF 335422 Criminal Justice Services $ 4,917,898 $ 4,917,898 20335
GRF 335504 Community Innovations $ 6,500,000 $ 1,500,000 20336
GRF 335506 Residential State Supplement $ 7,502,875 $ 7,502,875 20337
GRF 335507 Community Behavioral Health $ 47,500,000 $ 47,500,000 20338
GRF 652507 Medicaid Support $ 1,727,553 $ 1,736,600 20339
TOTAL GRF General Revenue Fund $ 369,546,009 368,446,009 $ 364,679,409 20340

General Services Fund Group20341

1490 333609 Central Office Operating $ 1,343,190 $ 1,343,190 20342
5T90 333641 Problem Gambling Services - Administration $ 60,000 $ 60,000 20343
1490 334609 Hospital - Operating Expenses $ 28,190,000 $ 28,190,000 30,190,000 20344
1500 334620 Special Education $ 150,000 $ 150,000 20345
4P90 335604 Community Mental Health Projects $ 250,000 $ 250,000 20346
5T90 335641 Problem Gambling Services $ 275,000 $ 275,000 20347
1510 336601 Office of Support Services $ 115,000,000 $ 115,000,000 90,000,000 20348
TOTAL GSF General Services Fund Group $ 145,268,190 $ 145,268,190 122,268,190 20349

Federal Special Revenue Fund Group20350

3240 333605 Medicaid/Medicare - Refunds $ 154,500 $ 154,500 20351
3A60 333608 Federal Miscellaneous - Administration $ 140,000 $ 140,000 20352
3A70 333612 Social Services Block Grant - Administration $ 50,000 $ 50,000 20353
3A80 333613 Federal Grants - Administration $ 4,717,000 $ 4,717,000 20354
3A90 333614 Mental Health Block Grant - Administration $ 748,470 $ 748,470 20355
3G40 333618 Substance Abuse Block Grant- Administration $ 3,307,789 $ 3,307,789 20356
3H80 333606 Demonstration Grants - Administration $ 3,237,574 $ 3,237,574 6,000,000 20357
3N80 333639 Administrative Reimbursement $ 300,000 $ 300,000 20358
3240 334605 Medicaid/Medicare - Hospitals $ 28,200,000 $ 28,200,000 20359
3A60 334608 Federal Miscellaneous - Hospitals $ 200,000 $ 200,000 20360
3A80 334613 Federal Letter of Credit $ 200,000 $ 200,000 20361
3A60 335608 Federal Miscellaneous $ 2,170,000 $ 2,170,000 20362
3A70 335612 Social Services Block Grant $ 8,400,000 $ 8,400,000 20363
3A80 335613 Federal Grant - Community Mental Health Board Subsidy $ 2,500,000 $ 2,500,000 4,500,000 20364
3A90 335614 Mental Health Block Grant $ 14,200,000 $ 14,200,000 20365
3FR0 335638 Race to the Top - Early Learning Challenge Grant $ 1,164,000 $ 1,164,000 20366
3G40 335618 Substance Abuse Block Grant $ 62,542,003 $ 62,557,967 20367
3H80 335606 Demonstration Grants $ 5,428,006 $ 5,428,006 11,000,000 20368
3B10 652635 Community Medicaid Legacy Costs $ 5,000,000 $ 0 5,000,000 20369
3B10 652636 Community Medicaid Legacy Support $ 7,000,000 $ 7,000,000 20370
3J80 652609 Medicaid Legacy Costs Support $ 3,000,000 $ 0 3,000,000 20371
TOTAL FED Federal Special Revenue Fund Group $ 152,659,342 $ 144,675,306 163,009,726 20372

State Special Revenue Fund Group20373

2320 333621 Family and Children First Administration $ 400,000 $ 400,000 20374
4750 333623 Statewide Treatment and Prevention - Administration $ 5,490,667 $ 5,490,667 20375
4850 333632 Mental Health Operating - Refunds $ 134,233 $ 134,233 20376
5JL0 333629 Problem Gambling and Casino Addictions - Administration $ 1,361,592 $ 1,361,592 20377
5V20 333611 Non-Federal Miscellaneous $ 100,000 $ 100,000 20378
6890 333640 Education and Conferences $ 150,000 $ 150,000 20379
4850 334632 Mental Health Operating - Hospitals $ 2,477,500 $ 2,477,500 20380
4750 335623 Statewide Treatment and Prevention $ 10,059,333 $ 10,059,333 20381
5AU0 335615 Behavioral Health Care $ 6,690,000 $ 6,690,000 20382
5JL0 335629 Problem Gambling and Casino Addictions $ 4,084,772 4,084,772 20383
6320 335616 Community Capital Replacement $ 350,000 $ 350,000 20384
TOTAL SSR State Special Revenue Fund Group $ 31,298,097 $ 31,298,097 20385
TOTAL ALL BUDGET FUND GROUPS $ 698,771,638 697,671,638 $ 685,921,002 681,255,422 20386


       Sec. 333.10. DNR DEPARTMENT OF NATURAL RESOURCES20388

General Revenue Fund20389

GRF 725401 Wildlife-GRF Central Support $ 1,800,000 $ 1,800,000 20390
GRF 725413 Lease Rental Payments $ 21,622,900 $ 23,943,400 20391
GRF 725456 Canal Lands $ 135,000 $ 135,000 20392
GRF 725502 Soil and Water Districts $ 2,900,000 $ 2,900,000 20393
GRF 725505 Healthy Lake Erie Fund $ 650,000 $ 500,000 20394
GRF 725507 Coal and Mine Safety Program $ 2,500,000 $ 2,500,000 20395
GRF 725903 Natural Resources General Obligation Debt Service $ 24,325,400 $ 25,443,000 23,743,000 20396
GRF 727321 Division of Forestry $ 4,392,002 $ 4,392,001 20397
GRF 729321 Office of Information Technology $ 177,405 $ 177,405 20398
GRF 730321 Division of Parks and Recreation $ 30,000,000 $ 30,000,000 20399
GRF 736321 Division of Engineering $ 2,279,115 $ 2,324,736 20400
GRF 737321 Division of Soil and Water Resources $ 4,782,704 $ 4,782,652 4,631,239 20401
GRF 738321 Division of Real Estate and Land Management $ 715,963 $ 670,342 20402
GRF 741321 Division of Natural Areas and Preserves $ 1,200,000 $ 1,200,000 20403
TOTAL GRF General Revenue Fund $ 97,480,489 $ 100,768,536 98,917,123 20404

General Services Fund Group20405

1550 725601 Departmental Projects $ 2,109,968 $ 1,839,204 20406
1570 725651 Central Support Indirect $ 4,609,154 $ 4,671,566 20407
2040 725687 Information Services $ 5,179,097 $ 5,288,168 20408
2050 725696 Human Resource Direct Service $ 2,474,345 $ 2,526,662 20409
2070 725690 Real Estate Services $ 50,000 $ 50,000 20410
2230 725665 Law Enforcement Administration $ 2,126,432 $ 2,126,432 20411
2270 725406 Parks Projects Personnel $ 436,500 $ 436,500 20412
4300 725671 Canal Lands $ 883,879 $ 883,879 20413
4S90 725622 NatureWorks Personnel $ 404,657 $ 412,570 20414
4X80 725662 Water Resources Council $ 138,005 $ 138,005 20415
5100 725631 Maintenance - State-owned Residences $ 303,611 $ 303,611 20416
5160 725620 Water Management $ 2,559,292 $ 2,559,292 20417
6350 725664 Fountain Square Facilities Management $ 3,329,935 $ 3,346,259 20418
6970 725670 Submerged Lands $ 852,982 $ 869,145 20419
TOTAL GSF General Services 20420
Fund Group $ 25,457,857 $ 25,451,293 20421

Federal Special Revenue Fund Group20422

3320 725669 Federal Mine Safety Grant $ 265,000 $ 265,000 20423
3B30 725640 Federal Forest Pass-Thru $ 500,000 $ 500,000 20424
3B40 725641 Federal Flood Pass-Thru $ 500,000 $ 500,000 20425
3B50 725645 Federal Abandoned Mine Lands $ 11,851,759 $ 11,851,759 20426
3B60 725653 Federal Land and Water Conservation Grants $ 950,000 $ 950,000 20427
3B70 725654 Reclamation - Regulatory $ 3,200,000 $ 3,200,000 20428
3P10 725632 Geological Survey - Federal $ 933,448 $ 557,146 20429
3P20 725642 Oil and Gas - Federal $ 234,509 $ 234,509 20430
3P30 725650 Coastal Management - Federal $ 2,790,633 $ 2,790,633 20431
3P40 725660 Federal - Soil and Water Resources $ 969,190 $ 1,006,874 20432
3R50 725673 Acid Mine Drainage Abatement/Treatment $ 4,342,280 $ 4,342,280 20433
3Z50 725657 Federal Recreation and Trails $ 1,850,000 $ 1,850,000 20434
TOTAL FED Federal Special Revenue 20435
Fund Group $ 28,386,819 $ 28,048,201 20436

State Special Revenue Fund Group20437

4J20 725628 Injection Well Review $ 128,466 $ 128,466 20438
4M70 725686 Wildfire Suppression $ 100,000 $ 100,000 20439
4U60 725668 Scenic Rivers Protection $ 100,000 $ 100,000 20440
5090 725602 State Forest $ 6,873,330 $ 6,880,158 20441
5110 725646 Ohio Geological Mapping $ 1,220,690 $ 1,993,519 20442
5120 725605 State Parks Operations $ 29,654,880 $ 29,671,044 20443
5140 725606 Lake Erie Shoreline $ 1,559,583 $ 1,559,583 20444
5180 725643 Oil and Gas Permit Fees Regulation and Safety $ 12,812,311 $ 13,140,201 20445
5180 725677 Oil and Gas Well Plugging $ 1,500,000 $ 1,500,000 2,500,000 20446
5210 725627 Off-Road Vehicle Trails $ 143,490 $ 143,490 20447
5220 725656 Natural Areas and Preserves $ 546,639 $ 546,639 20448
5260 725610 Strip Mining Administration Fee $ 1,800,000 $ 1,800,000 20449
5270 725637 Surface Mining Administration $ 1,941,532 $ 1,941,532 20450
5290 725639 Unreclaimed Land Fund $ 1,804,180 $ 1,804,180 20451
5310 725648 Reclamation Forfeiture $ 500,000 $ 500,000 20452
5B30 725674 Mining Regulation $ 28,135 $ 28,135 20453
5BV0 725658 Heidelberg Water Quality Lab $ 250,000 $ 250,000 20454
5BV0 725683 Soil and Water Districts $ 8,000,000 $ 8,000,000 20455
5EJ0 725608 Forestry Law Enforcement $ 1,000 $ 1,000 20456
5EK0 725611 Natural Areas & Preserves Law Enforcement $ 1,000 $ 1,000 20457
5EL0 725612 Wildlife Law Enforcement $ 12,000 $ 12,000 20458
5EM0 725613 Park Law Enforcement $ 34,000 $ 34,000 20459
5EN0 725614 Watercraft Law Enforcement $ 2,500 $ 2,500 20460
5HK0 725625 Ohio Nature Preserves $ 1,000 $ 1,000 20461
5MF0 725635 Ohio Geology License Plate $ 7,500 $ 7,500 20462
5MW0 725604 Natural Resources Special Purposes $ 10,163,812 $ 6,165,162 20463
6150 725661 Dam Safety $ 943,517 $ 943,517 20464
TOTAL SSR State Special Revenue 20465
Fund Group $ 80,129,565 $ 77,254,626 78,254,626 20466

Clean Ohio Conservation Fund Group20467

7061 725405 Clean Ohio Operating $ 300,775 $ 300,775 20468
TOTAL CLF Clean Ohio Conservation Fund Group $ 300,775 $ 300,775 20469

Wildlife Fund Group20470

5P20 725634 Wildlife Boater Angler Administration $ 3,000,000 $ 3,000,000 20471
7015 740401 Division of Wildlife Conservation $ 56,466,564 $ 57,075,976 20472
8150 725636 Cooperative Management Projects $ 120,449 $ 120,449 20473
8160 725649 Wetlands Habitat $ 966,885 $ 966,885 20474
8170 725655 Wildlife Conservation Checkoff Fund $ 2,000,000 $ 2,000,000 20475
8180 725629 Cooperative Fisheries Research $ 1,500,000 $ 1,500,000 20476
8190 725685 Ohio River Management $ 203,584 $ 203,584 20477
81B0 725688 Wildlife Habitat Fund $ 1,200,000 $ 1,200,000 20478
TOTAL WLF Wildlife Fund Group $ 65,457,482 $ 66,066,894 20479

Waterways Safety Fund Group20480

7086 725414 Waterways Improvement $ 5,693,671 $ 5,693,671 20481
7086 725418 Buoy Placement $ 52,182 $ 52,182 20482
7086 725501 Waterway Safety Grants $ 120,000 $ 120,000 20483
7086 725506 Watercraft Marine Patrol $ 576,153 $ 576,153 20484
7086 725513 Watercraft Educational Grants $ 366,643 $ 366,643 20485
7086 739401 Division of Watercraft $ 19,467,370 $ 19,297,370 20486
TOTAL WSF Waterways Safety Fund 20487
Group $ 26,276,019 $ 26,106,019 20488

Accrued Leave Liability Fund Group20489

4M80 725675 FOP Contract $ 20,219 $ 20,219 20490
TOTAL ALF Accrued Leave 20491
Liability Fund Group $ 20,219 $ 20,219 20492

Holding Account Redistribution Fund Group20493

R017 725659 Performance Cash Bond Refunds $ 496,263 $ 496,263 20494
R043 725624 Forestry $ 2,100,000 $ 2,100,000 20495
TOTAL 090 Holding Account 20496
Redistribution Fund Group $ 2,596,263 $ 2,596,263 20497
TOTAL ALL BUDGET FUND GROUPS $ 326,105,488 $ 326,612,826 325,761,413 20498


       Sec. 333.80. SOIL AND WATER DISTRICTS20500

       In addition to state payments to soil and water conservation 20501
districts authorized by section 1515.10 of the Revised Code, the 20502
Department of Natural Resources may use appropriation item 725683, 20503
Soil and Water Districts, to pay any soil and water conservation 20504
district an annual amount not to exceed $40,000, upon receipt of a 20505
request and justification from the district and approval by the 20506
Ohio Soil and Water Conservation Commission. The county auditor 20507
shall credit the payments to the special fund established under 20508
section 1515.10 of the Revised Code for the local soil and water 20509
conservation district. Moneys received by each district shall be 20510
expended for the purposes of the district.20511

       OIL AND GAS WELL PLUGGING20512

       The foregoing appropriation item 725677, Oil and Gas Well 20513
Plugging, shall be used exclusively for the purposes of plugging 20514
wells and to properly restore the land surface of idle and orphan 20515
oil and gas wells pursuant to section 1509.071 of the Revised 20516
Code. No funds from the appropriation item shall be used for 20517
salaries, maintenance, equipment, or other administrative 20518
purposes, except for those costs directly attributed to the 20519
plugging of an idle or orphan well. This appropriation item shall 20520
not be used to transfer cash to any other fund or appropriation 20521
item.20522

       TRANSFER OF FUNDS FOR OIL AND GAS DIVISION AND GEOLOGICAL 20523
MAPPING OPERATIONS20524

       During fiscal years 2014 and 2015, the Director of Budget and 20525
Management may, in consultation with the Director of Natural 20526
Resources, transfer such cash as necessary from the General 20527
Revenue Fund to the Oil and Gas Well Fund (Fund 5180) and the 20528
Geological Mapping Fund (Fund 5110). The transfer to Fund 5180 20529
shall be used for handling the increased regulatory work related 20530
to the expansion of the oil and gas program that will occur before 20531
receipts from this activity are deposited into Fund 5180. The 20532
transfer to Fund 5110 shall be used for handling the increased 20533
field and laboratory research efforts related to the expansion of 20534
the oil and gas program that will occur before receipts from this 20535
activity are deposited into Fund 5110. Once funds from severance 20536
taxes, application and permitting fees, and other sources have 20537
accrued to Fund 5180 and Fund 5110 in such amounts as are 20538
considered sufficient to sustain expanded operations, the Director 20539
of Budget and Management, in consultation with the Director of 20540
Natural Resources, shall establish a schedule for repaying the 20541
transferred funds from Fund 5180 and Fund 5110 to the General 20542
Revenue Fund.20543

       NATURAL RESOURCES SPECIAL PURPOSES20544

        Of the foregoing appropriation item 725604, Natural Resources 20545
Special Purposes, up to $2,100,000 in fiscal year 2014 shall be 20546
used for the construction or acquisition of a treatment train 20547
process at an Ohio inland lake, and up to $1,800,000 in fiscal 20548
year 2014 shall be used for the purchase of two sweeper dredges 20549
for use at Ohio inland lakes, and $263,812 in fiscal year 2014 and 20550
$165,162 in fiscal year 2015 shall be used for the operation of 20551
the dredges purchased under this section.20552

       Sec. 340.10. OOD OPPORTUNITIES FOR OHIOANS WITH DISABILITIES 20553
AGENCY20554

General Revenue Fund20555

GRF 415402 Independent Living Council $ 252,000 $ 252,000 20556
GRF 415406 Assistive Technology $ 26,618 $ 26,618 20557
GRF 415431 Office for People with Brain Injury $ 126,567 $ 126,567 20558
GRF 415506 Services for People Individuals with Disabilities $ 15,277,885 $ 15,277,885 20559
GRF 415508 Services for the Deaf $ 28,000 $ 28,000 20560
TOTAL GRF General Revenue Fund $ 15,711,070 $ 15,711,070 20561

General Services Fund Group20562

4670 415609 Business Enterprise Operating Expenses $ 962,538 $ 965,481 20563
TOTAL GSF General Services 20564
Fund Group $ 962,538 $ 965,481 20565

Federal Special Revenue Fund Group20566

3170 415620 Disability Determination $ 83,332,186 $ 84,641,911 20567
3790 415616 Federal - Vocational Rehabilitation $ 117,431,895 $ 113,610,728 20568
3L10 415601 Social Security Personal Care Assistance $ 2,748,451 $ 2,752,396 20569
3L10 415605 Social Security Community Centers for the Deaf $ 772,000 $ 772,000 20570
3L10 415608 Social Security Special Programs/Assistance Vocational Rehabilitation $ 445,258 $ 498,269 20571
3L40 415612 Federal Independent Living Centers or Services $ 638,431 $ 638,431 20572
3L40 415615 Federal - Supported Employment $ 916,727 $ 916,727 20573
3L40 415617 Independent Living/Vocational Rehabilitation Programs $ 1,548,658 $ 1,348,658 20574
TOTAL FED Federal Special 20575
Revenue Fund Group $ 207,833,606 $ 205,179,120 20576

State Special Revenue Fund Group20577

4680 415618 Third Party Funding $ 11,000,000 $ 11,000,000 20578
4L10 415619 Services for Rehabilitation $ 3,502,168 $ 3,502,168 20579
4W50 415606 Program Management Expenses $ 12,369,751 $ 12,594,758 20580
TOTAL SSR State Special 20581
Revenue Fund Group $ 26,871,919 $ 27,096,926 20582
TOTAL ALL BUDGET FUND GROUPS $ 251,379,133 $ 248,952,597 20583

       INDEPENDENT LIVING COUNCIL20584

       The foregoing appropriation item 415402, Independent Living 20585
Council, shall be used to fund the operations of the State 20586
Independent Living Council and to support state independent living 20587
centers and independent living services under Title VII of the 20588
Independent Living Services and Centers for Independent Living of 20589
the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29 20590
U.S.C. 796d.20591

       Of the foregoing appropriation item 415402, Independent 20592
Living Council, $67,662 in each fiscal year shall be used as state 20593
matching funds for vocational rehabilitation innovation and 20594
expansion activities.20595

       ASSISTIVE TECHNOLOGY20596

       The total amount of the foregoing appropriation item 415406, 20597
Assistive Technology, shall be provided to Assistive Technology of 20598
Ohio to provide grants and assistive technology services for 20599
people with disabilities in the State of Ohio.20600

       OFFICE FOR PEOPLE WITH BRAIN INJURY20601

       The foregoing appropriation item 415431, Office for People 20602
with Brain Injury, shall be provided to The Ohio State University 20603
College of Medicine to support the Brain Injury Program 20604
established under section 3304.23 of the Revised Code. 20605

       VOCATIONAL REHABILITATION SERVICES20606

       The foregoing appropriation item 415506, Services for People20607
Individuals with Disabilities, shall be used as state matching 20608
funds to provide vocational rehabilitation services to eligible 20609
consumers.20610

       SERVICES FOR THE DEAF20611

        The foregoing appropriation item 415508, Services for the 20612
Deaf, shall be used to provide grants to community centers for the 20613
deaf.20614

       INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS20615

       The foregoing appropriation item 415617, Independent 20616
Living/Vocational Rehabilitation Programs, shall be used to 20617
support vocational rehabilitation programs.20618

       SOCIAL SECURITY REIMBURSEMENT FUNDS20619

       Reimbursement funds received from the Social Security 20620
Administration, United States Department of Health and Human 20621
Services, for the costs of providing services and training to 20622
return disability recipients to gainful employment shall be 20623
expended from the Social Security Reimbursement Fund (Fund 3L10), 20624
to the extent funds are available, as follows:20625

       (A) Appropriation item 415601, Social Security Personal Care 20626
Assistance, to provide personal care services in accordance with 20627
section 3304.41 of the Revised Code;20628

       (B) Appropriation item 415605, Social Security Community 20629
Centers for the Deaf, to provide grants to community centers for 20630
the deaf in Ohio for services to individuals with hearing 20631
impairments; and20632

       (C) Appropriation item 415608, Social Security Special 20633
Programs/AssistanceVocational Rehabilitation, to provide 20634
vocational rehabilitation services to individuals with severe 20635
disabilities who are Social Security beneficiaries, to enable them 20636
to achieve competitive employment. This appropriation item shall 20637
also be used to pay a portion of indirect costs of the Personal 20638
Care Assistance Program and the Independent Living Programs as 20639
mandated by federal OMB Circular A-87.20640

       PROGRAM MANAGEMENT EXPENSES20641

       The foregoing appropriation item 415606, Program Management 20642
Expenses, shall be used to support the administrative functions of 20643
the commission related to the provision of vocational 20644
rehabilitation, disability determination services, and ancillary 20645
programs.20646

       Sec. 359.10. PWC PUBLIC WORKS COMMISSION20647

General Revenue Fund20648

GRF 150904 Conservation General Obligation Debt Service $ 33,376,600 26,676,600 $ 34,447,700 20649
GRF 150907 State Capital Improvements General Obligation Debt Service $ 227,810,300 210,710,300 $ 228,948,900 226,948,900 20650
TOTAL GRF General Revenue Fund $ 261,186,900 237,386,900 $ 263,396,600 261,396,600 20651

Clean Ohio Conservation Fund Group20652

7056 150403 Clean Ohio Operating Expenses $ 288,980 $ 288,980 20653
TOTAL 056 Clean Ohio Conservation Fund Group $ 288,980 $ 288,980 20654

TOTAL ALL BUDGET FUND GROUPS $ 261,475,880 237,675,880 $ 263,685,580 261,685,580 20655

       CONSERVATION GENERAL OBLIGATION DEBT SERVICE20656

       The foregoing appropriation item 150904, Conservation General 20657
Obligation Debt Service, shall be used to pay all debt service and 20658
related financing costs during the period from July 1, 2013, 20659
through June 30, 2015, at the times they are required to be made 20660
for obligations issued under sections 151.01 and 151.09 of the 20661
Revised Code.20662

       STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE20663

       The foregoing appropriation item 150907, State Capital 20664
Improvements General Obligation Debt Service, shall be used to pay 20665
all debt service and related financing costs during the period 20666
from July 1, 2013, through June 30, 2015, at the times they are 20667
required to be made for obligations issued under sections 151.01 20668
and 151.08 of the Revised Code.20669

       CLEAN OHIO OPERATING EXPENSES20670

       The foregoing appropriation item 150403, Clean Ohio Operating 20671
Expenses, shall be used by the Ohio Public Works Commission in 20672
administering Clean Ohio Conservation Fund (Fund 7056) projects 20673
pursuant to sections 164.20 to 164.27 of the Revised Code.20674

       Sec. 363.10. BOR BOARD OF REGENTS20675

General Revenue Fund20676

GRF 235321 Operating Expenses $ 2,850,357 $ 2,850,357 20677
GRF 235401 Lease Rental Payments $ 5,805,300 $ 0 20678
GRF 235402 Sea Grants $ 285,000 $ 285,000 20679
GRF 235406 Articulation and Transfer $ 2,000,000 $ 2,000,000 20680
GRF 235408 Midwest Higher Education Compact $ 95,000 $ 95,000 20681
GRF 235409 HEI Information System $ 1,505,683 $ 1,505,683 20682
GRF 235414 State Grants and Scholarship Administration $ 830,180 $ 830,180 20683
GRF 235417 eStudent Services $ 2,532,688 $ 2,532,688 20684
GRF 235428 Appalachian New Economy Partnership $ 737,366 $ 737,366 20685
GRF 235433 Economic Growth Challenge $ 521,153 $ 521,153 20686
GRF 235434 College Readiness and Access $ 1,200,000 $ 1,200,000 20687
GRF 235438 Choose Ohio First Scholarship $ 16,665,114 $ 16,665,114 20688
GRF 235443 Adult Basic and Literacy Education - State $ 7,427,416 $ 7,427,416 20689
GRF 235444 Post-Secondary Adult Career-Technical Education $ 15,817,547 $ 15,817,547 20690
GRF 235474 Area Health Education Centers Program Support $ 900,000 $ 900,000 20691
GRF 235480 General Technology Operations $ 500,000 $ 500,000 20692
GRF 235483 Technology Integration and Professional Development $ 3,378,598 $ 2,703,598 20693
GRF 235501 State Share of Instruction $ 1,789,699,580 $ 1,818,225,497 1,821,325,497 20694
GRF 235502 Student Support Services $ 632,974 $ 632,974 20695
GRF 235504 War Orphans Scholarships $ 5,500,000 $ 5,500,000 20696
GRF 235507 OhioLINK $ 6,211,012 $ 6,211,012 20697
GRF 235508 Air Force Institute of Technology $ 1,740,803 $ 1,740,803 20698
GRF 235510 Ohio Supercomputer Center $ 3,747,418 $ 3,747,418 20699
GRF 235511 Cooperative Extension Service $ 23,086,658 $ 23,056,658 20700
GRF 235514 Central State Supplement $ 11,063,468 $ 11,063,468 20701
GRF 235515 Case Western Reserve University School of Medicine $ 2,146,253 $ 2,146,253 20702
GRF 235516 Wright State Lake Campus Agricultural Program $ 200,000 $ 0 20703
GRF 235519 Family Practice $ 3,166,185 $ 3,166,185 20704
GRF 235520 Shawnee State Supplement $ 2,326,097 $ 2,326,097 20705
GRF 235523 Youth STEM Commercialization and Entrepreneurship Program $ 2,000,000 $ 3,000,000 20706
GRF 235524 Police and Fire Protection $ 107,814 $ 107,814 20707
GRF 235525 Geriatric Medicine $ 522,151 $ 522,151 20708
GRF 235526 Primary Care Residencies $ 1,500,000 $ 1,500,000 20709
GRF 235535 Ohio Agricultural Research and Development Center $ 34,126,100 $ 34,629,970 20710
GRF 235536 The Ohio State University Clinical Teaching $ 9,668,941 $ 9,668,941 20711
GRF 235537 University of Cincinnati Clinical Teaching $ 7,952,573 $ 7,952,573 20712
GRF 235538 University of Toledo Clinical Teaching $ 6,198,600 $ 6,198,600 20713
GRF 235539 Wright State University Clinical Teaching $ 3,011,400 $ 3,011,400 20714
GRF 235540 Ohio University Clinical Teaching $ 2,911,212 $ 2,911,212 20715
GRF 235541 Northeast Ohio Medical University Clinical Teaching $ 2,994,178 $ 2,994,178 20716
GRF 235552 Capital Component $ 13,628,639 $ 10,280,387 20717
GRF 235555 Library Depositories $ 1,440,342 $ 1,440,342 20718
GRF 235556 Ohio Academic Resources Network $ 3,172,519 $ 3,172,519 20719
GRF 235558 Long-term Care Research $ 325,300 $ 325,300 20720
GRF 235563 Ohio College Opportunity Grant $ 90,284,264 $ 90,284,264 20721
GRF 235572 The Ohio State University Clinic Support $ 766,533 $ 766,533 20722
GRF 235599 National Guard Scholarship Program $ 16,711,514 $ 17,384,511 20723
GRF 235909 Higher Education General Obligation Debt Service $ 221,168,700 215,368,700 $ 248,822,000 245,822,000 20724
TOTAL GRF General Revenue Fund $ 2,331,062,630 2,325,262,630 $ 2,379,360,162 2,379,460,162 20725

General Services Fund Group20726

2200 235614 Program Approval and Reauthorization $ 903,595 $ 903,595 20727
4560 235603 Sales and Services $ 199,250 $ 199,250 20728
5JC0 235649 Co-op Internship Program $ 8,000,000 $ 8,000,000 20729
5JC0 235668 Defense/Aerospace Workforce Development Initiative $ 4,000,000 $ 4,000,000 20730
5JC0 235685 Manufacturing Workforce Development Initiative $ 2,000,000 $ 0 20731
TOTAL GSF General Services 20732
Fund Group $ 15,102,845 $ 13,102,845 20733

Federal Special Revenue Fund Group20734

3120 235612 Carl D. Perkins Grant/Plan Administration $ 1,350,000 $ 1,350,000 20735
3120 235617 Improving Teacher Quality Grant $ 3,200,000 $ 3,200,000 20736
3120 235641 Adult Basic and Literacy Education - Federal $ 14,835,671 $ 14,835,671 20737
3120 235672 H-1B Tech Skills Training $ 1,100,000 $ 1,100,000 20738
3BW0 235630 Indirect Cost Recovery - Federal $ 50,000 $ 50,000 20739
3H20 235608 Human Services Project $ 1,000,000 $ 1,000,000 20740
TOTAL FED Federal Special Revenue 20741
Fund Group $ 21,535,671 $ 21,535,671 20742

State Special Revenue Fund Group20743

4E80 235602 Higher Educational Facility Commission Administration $ 29,100 $ 29,100 20744
4X10 235674 Telecommunity and Distance Learning $ 49,150 $ 49,150 20745
5D40 235675 Conferences/Special Purposes $ 1,884,095 $ 1,884,095 20746
5FR0 235643 Making Opportunity Affordable $ 230,000 $ 230,000 20747
5P30 235663 Variable Savings Plan $ 8,066,920 $ 8,104,370 20748
6450 235664 Guaranteed Savings Plan $ 1,290,718 $ 1,303,129 20749
6820 235606 Nursing Loan Program $ 891,320 $ 891,320 20750
TOTAL SSR State Special Revenue 20751
Fund Group $ 12,441,303 $ 12,491,164 20752

Third Frontier Research & Development Fund Group20753

7011 235634 Research Incentive Third Frontier Fund $ 8,000,000 $ 8,000,000 20754
TOTAL 011 Third Frontier Research & Development Fund Group $ 8,000,000 $ 8,000,000 20755
TOTAL ALL BUDGET FUND GROUPS $ 2,388,142,449 2,382,342,449 $ 2,434,489,842 2,434,589,842 20756


       Sec. 365.10. DRC DEPARTMENT OF REHABILITATION AND CORRECTION20758

General Revenue Fund20759

GRF 501321 Institutional Operations $ 883,768,015 895,799,933 $ 873,724,802 900,215,085 20760
GRF 501403 Prisoner Compensation $ 6,000,000 $ 6,000,000 20761
GRF 501405 Halfway House $ 45,049,356 48,399,340 $ 46,024,108 51,197,937 20762
GRF 501406 Lease Rental Payments $ 104,099,500 103,099,500 $ 99,534,800 20763
GRF 501407 Community Nonresidential Programs $ 34,187,858 $ 34,314,390 20764
GRF 501408 Community Misdemeanor Programs $ 12,856,800 $ 12,856,800 20765
GRF 501501 Community Residential Programs - CBCF $ 63,345,972 64,224,472 $ 66,150,781 69,453,455 20766
GRF 503321 Parole and Community Operations $ 64,480,938 66,102,094 $ 65,029,680 71,676,403 20767
GRF 504321 Administrative Operations $ 20,659,664 $ 20,907,476 20768
GRF 505321 Institution Medical Services $ 243,289,774 239,397,895 $ 254,139,452 251,994,058 20769
GRF 506321 Institution Education Services $ 19,102,051 $ 19,112,418 20770
TOTAL GRF General Revenue Fund $ 1,496,839,928 1,509,829,607 $ 1,497,794,707 1,537,262,822 20771

General Services Fund Group20772

1480 501602 Institutional Services $ 3,139,577 $ 3,139,577 20773
2000 501607 Ohio Penal Industries $ 41,393,226 $ 40,609,872 20774
4830 501605 Property Receipts $ 582,086 $ 582,086 20775
4B00 501601 Sewer Treatment Services $ 2,023,671 $ 2,067,214 20776
4D40 501603 Prisoner Programs $ 17,499,255 $ 17,499,255 20777
4L40 501604 Transitional Control $ 1,113,120 $ 1,113,120 20778
4S50 501608 Education Services $ 4,114,782 $ 4,114,782 20779
5710 501606 Training Academy Receipts $ 125,000 $ 125,000 20780
5930 501618 Laboratory Services $ 3,750,000 $ 0 20781
5AF0 501609 State and Non-Federal Awards $ 1,440,000 $ 1,440,000 20782
5H80 501617 Offender Financial Responsibility $ 2,000,000 $ 2,000,000 20783
5L60 501611 Information Technology Services $ 250,000 $ 250,000 20784
TOTAL GSF General Services Fund Group $ 77,430,717 $ 72,940,906 20785

Federal Special Revenue Fund Group20786

3230 501619 Federal Grants $ 7,132,943 $ 7,132,943 20787
TOTAL FED Federal Special Revenue 20788
Fund Group $ 7,132,943 $ 7,132,943 20789

TOTAL ALL BUDGET FUND GROUPS $ 1,581,403,588 1,594,393,267 $ 1,577,868,556 1,617,336,671 20790

       TRANSFER OF OPERATING APPROPRIATIONS TO IMPLEMENT CRIMINAL 20791
SENTENCING REFORMS20792

       For the purposes of implementing criminal sentencing reforms, 20793
and notwithstanding any other provision of law to the contrary, 20794
the Director of Budget and Management, at the request of the 20795
Director of Rehabilitation and Correction, may transfer up to 20796
$14,000,000 in appropriations, in each of fiscal years 2014 and 20797
2015, from appropriation item 501321, Institutional Operations, to 20798
any combination of appropriation items 501405, Halfway House; 20799
501407, Community Residential Programs; 501408, Community 20800
Misdemeanor Programs; and 501501, Community Residential Programs - 20801
CBCF.20802

       LEASE RENTAL PAYMENTS20803

       The foregoing appropriation item 501406, Lease Rental 20804
Payments, shall be used to meet all payments at the times they are 20805
required to be made during the period from July 1, 2013, through 20806
June 30, 2015, by the Department of Rehabilitation and Correction 20807
under the primary leases and agreements for those buildings made 20808
under Chapters 152. and 154. of the Revised Code. These 20809
appropriations are the source of funds pledged for bond service 20810
charges on related obligations issued under Chapters 152. and 154. 20811
of the Revised Code.20812

        OSU MEDICAL CHARGES20813

        Notwithstanding section 341.192 of the Revised Code, at the 20814
request of the Department of Rehabilitation and Correction, The 20815
Ohio State University Medical Center, including the Arthur G. 20816
James Cancer Hospital and Richard J. Solove Research Institute and 20817
the Richard M. Ross Heart Hospital, shall provide necessary care 20818
to persons who are confined in state adult correctional 20819
facilities. The provision of necessary care shall be billed to the 20820
Department at a rate not to exceed the authorized reimbursement 20821
rate for the same service established by the Department of 20822
Medicaid under the Medicaid Program.20823

       CORRECTIVE CASH TRANSFER20824

       At the request of the Director of Rehabilitation and 20825
Correction, the Director of Budget and Management may transfer an 20826
amount not to exceed $2,391 in cash that was mistakenly deposited 20827
in the Federal Grants Fund (Fund 3230) to the General Revenue 20828
Fund.20829

       Sec. 395.10. TAX DEPARTMENT OF TAXATION20830

General Revenue Fund20831

GRF 110321 Operating Expenses $ 72,568,330 $ 67,968,332 20832
GRF 110404 Tobacco Settlement Enforcement $ 178,200 $ 178,200 20833
GRF 110901 Property Tax Allocation - Taxation $ 666,640,000 658,640,000 $ 678,255,600 673,255,600 20834
TOTAL GRF General Revenue Fund $ 739,386,530 731,386,530 $ 746,402,132 741,402,132 20835

General Services Fund Group20836

2280 110628 Revenue Enhancement $ 15,500,000 $ 17,500,000 17,100,000 20837
4330 110602 Tape File Account $ 175,000 $ 175,000 20838
5BP0 110639 Wireless 9-1-1 Administration $ 290,000 $ 290,000 20839
5CZ0 110631 Vendor's License Application $ 250,000 $ 250,000 20840
5MN0 110638 STARS Development and Implementation $ 5,000,000 $ 3,000,000 20841
5N50 110605 Municipal Income Tax Administration $ 150,000 $ 150,000 20842
5N60 110618 Kilowatt Hour Tax Administration $ 100,000 $ 100,000 20843
5V80 110623 Property Tax Administration $ 11,978,310 $ 11,978,310 11,178,310 20844
5W70 110627 Exempt Facility Administration $ 49,500 $ 49,500 20845
TOTAL GSF General Services 20846
Fund Group $ 33,492,810 $ 33,492,810 32,292,810 20847

State Special Revenue Fund Group20848

4350 110607 Local Tax Administration $ 20,000,000 $ 20,700,000 20,300,000 20849
4360 110608 Motor Vehicle Audit $ 1,459,609 $ 1,459,609 20850
4370 110606 Income Tax Contribution $ 38,800 $ 38,800 20851
4380 110609 School District Income Tax $ 5,802,044 $ 5,802,044 5,402,044 20852
4C60 110616 International Registration Plan $ 682,415 $ 682,415 20853
4R60 110610 Tire Tax Administration $ 244,193 $ 244,193 20854
5V70 110622 Motor Fuel Tax Administration $ 5,035,374 $ 5,035,374 20855
6390 110614 Cigarette Tax Enforcement $ 1,750,000 $ 1,750,000 20856
6420 110613 Ohio Political Party Distributions $ 500,000 $ 500,000 20857
6880 110615 Local Excise Tax Administration $ 775,015 $ 775,015 20858
TOTAL SSR State Special Revenue 20859
Fund Group $ 36,287,450 $ 36,987,450 36,187,450 20860

Agency Fund Group20861

4250 110635 Tax Refunds $ 1,546,800,000 $ 1,546,800,000 20862
7095 110995 Municipal Income Tax $ 21,000,000 $ 21,000,000 20863
TOTAL AGY Agency Fund Group $ 1,567,800,000 $ 1,567,800,000 20864

Holding Account Redistribution Fund Group20865

R010 110611 Tax Distributions $ 50,000 $ 50,000 20866
R011 110612 Miscellaneous Income Tax Receipts $ 50,000 $ 50,000 20867
TOTAL 090 Holding Account 20868
Redistribution Fund Group $ 100,000 $ 100,000 20869
TOTAL ALL BUDGET FUND GROUPS $ 2,377,066,790 2,369,066,790 $ 2,384,782,392 2,377,782,392 20870

       HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK20871

       The foregoing appropriation item 110901, Property Tax 20872
Allocation - Taxation, is hereby appropriated to pay for the 20873
state's costs incurred due to the Homestead Exemption, the 20874
Manufactured Home Property Tax Rollback, and the Property Tax 20875
Rollback. The Tax Commissioner shall distribute these funds 20876
directly to the appropriate local taxing districts, except for 20877
school districts, notwithstanding the provisions in sections 20878
321.24 and 323.156 of the Revised Code, which provide for payment 20879
of the Homestead Exemption, the Manufactured Home Property Tax 20880
Rollback, and Property Tax Rollback by the Tax Commissioner to the 20881
appropriate county treasurer and the subsequent redistribution of 20882
these funds to the appropriate local taxing districts by the 20883
county auditor.20884

       Upon receipt of these amounts, each local taxing district 20885
shall distribute the amount among the proper funds as if it had 20886
been paid as real property taxes. Payments for the costs of 20887
administration shall continue to be paid to the county treasurer 20888
and county auditor as provided for in sections 319.54, 321.26, and 20889
323.156 of the Revised Code.20890

       Any sums, in addition to the amounts specifically 20891
appropriated in appropriation item 110901, Property Tax Allocation 20892
- Taxation, for the Homestead Exemption, the Manufactured Home 20893
Property Tax Rollback, and the Property Tax Rollback payments, 20894
which are determined to be necessary for these purposes, are 20895
hereby appropriated.20896

       MUNICIPAL INCOME TAX20897

       The foregoing appropriation item 110995, Municipal Income 20898
Tax, shall be used to make payments to municipal corporations 20899
under section 5745.05 of the Revised Code. If it is determined 20900
that additional appropriations are necessary to make such 20901
payments, such amounts are hereby appropriated.20902

       TAX REFUNDS20903

       The foregoing appropriation item 110635, Tax Refunds, shall 20904
be used to pay refunds under section 5703.052 of the Revised Code. 20905
If it is determined that additional appropriations are necessary 20906
for this purpose, such amounts are hereby appropriated.20907

       INTERNATIONAL REGISTRATION PLAN AUDIT20908

       The foregoing appropriation item 110616, International 20909
Registration Plan, shall be used under section 5703.12 of the 20910
Revised Code for audits of persons with vehicles registered under 20911
the International Registration Plan.20912

       TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT20913

        Of the foregoing appropriation item 110607, Local Tax 20914
Administration, the Tax Commissioner may disburse funds, if 20915
available, for the purposes of paying travel expenses incurred by 20916
members of Ohio's delegation to the Streamlined Sales Tax Project, 20917
as appointed under section 5740.02 of the Revised Code. Any travel 20918
expense reimbursement paid for by the Department of Taxation shall 20919
be done in accordance with applicable state laws and guidelines.20920

       TOBACCO SETTLEMENT ENFORCEMENT20921

       The foregoing appropriation item 110404, Tobacco Settlement 20922
Enforcement, shall be used by the Tax Commissioner to pay costs 20923
incurred in the enforcement of divisions (F) and (G) of section 20924
5743.03 of the Revised Code.20925

       STARS DEVELOPMENT AND IMPLEMENTATION FUND20926

       The foregoing appropriation item 110638, STARS Development 20927
and Implementation Fund, shall be used to pay costs incurred in 20928
the development and implementation of the department's State Tax 20929
Accounting and Revenue System. The Director of Budget and 20930
Management, under a plan submitted by the Tax Commissioner, or as 20931
otherwise determined by the Director of Budget and Management, 20932
shall set a schedule to transfer cash from the Tax Reform System 20933
Implementation Fund, Local Tax Administration Fund, School 20934
District Income Tax Fund, Discovery Project Fund, and the Motor 20935
Fuel Tax Administration Fund to the credit of the STARS 20936
Development and Implementation Fund (Fund 5MN0). The transfers of 20937
cash shall not exceed $8,000,000 in the biennium.20938

       Sec. 403.10.  DVS DEPARTMENT OF VETERANS SERVICES20939

General Revenue Fund20940

GRF 900321 Veterans' Homes $ 27,369,946 $ 27,369,946 26,992,608 20941
GRF 900402 Hall of Fame $ 107,075 $ 107,075 20942
GRF 900408 Department of Veterans Services $ 2,001,823 $ 2,001,823 2,379,161 20943
GRF 900901 Persian Gulf, Afghanistan, and Iraq Compensation Debt Service $ 7,542,600 $ 9,914,800 20944
TOTAL GRF General Revenue Fund $ 37,021,444 $ 39,393,644 20945

General Services Fund Group20946

4840 900603 Veterans' Homes Services $ 1,596,894 $ 1,596,894 20947
TOTAL GSF General Services Fund Group $ 1,596,894 $ 1,596,894 20948

Federal Special Revenue Fund Group20949

3680 900614 Veterans Training $ 684,017 $ 697,682 20950
3740 900606 Troops to Teachers $ 111,822 $ 111,879 20951
3BX0 900609 Medicare Services $ 2,250,000 $ 2,250,000 20952
3L20 900601 Veterans' Homes Operations - Federal $ 24,887,790 $ 25,634,423 20953
TOTAL FED Federal Special Revenue 20954
Fund Group $ 27,933,629 $ 28,693,984 20955

State Special Revenue Fund Group20956

4E20 900602 Veterans' Homes Operating $ 10,614,652 $ 10,837,435 20957
6040 900604 Veterans' Homes Improvement $ 403,663 $ 459,359 20958
TOTAL SSR State Special Revenue 20959
Fund Group $ 11,018,315 $ 11,296,794 20960

Persian Gulf, Afghanistan, and Iraq Compensation Fund Group20961

7041 900615 Veteran Bonus Program - Administration $ 738,703 $ 629,709 20962
7041 900641 Persian Gulf, Afghanistan, and Iraq Compensation $ 14,500,000 $ 9,400,000 20963
TOTAL 041 Persian Gulf, 20964
Afghanistan, and Iraq 20965
Compensation Fund Group $ 15,238,703 $ 10,029,709 20966
TOTAL ALL BUDGET FUND GROUPS $ 92,808,985 $ 91,011,025 20967

       PERSIAN GULF, AFGHANISTAN AND IRAQ COMPENSATION GENERAL 20968
OBLIGATION DEBT SERVICE20969

       The foregoing appropriation item 900901, Persian Gulf, 20970
Afghanistan and Iraq Compensation Debt Service, shall be used to 20971
pay all debt service and related financing costs during the period 20972
from July 1, 2013, through June 30, 2015, on obligations issued 20973
for Persian Gulf, Afghanistan and Iraq Conflicts Compensation 20974
purposes under sections 151.01 and 151.12 of the Revised Code.20975

       Sec. 512.80. DIESEL EMISSIONS REDUCTION GRANT PROGRAM20976

       There is hereby established in the Highway Operating Fund 20977
(Fund 7002), used by the Department of Transportation, a Diesel 20978
Emissions Reduction Grant Program. The Director of Environmental 20979
Protection shall administer the program and shall solicit, 20980
evaluate, score, and select projects submitted by public and 20981
private entities that are eligible for the federal Congestion 20982
Mitigation and Air Quality (CMAQ) Program. The Director of 20983
Transportation shall process Federal Highway 20984
Administration-approved projects as recommended by the Director of 20985
Environmental Protection.20986

       In addition to the allowable expenditures set forth in 20987
section 122.861 of the Revised Code, Diesel Emissions Reduction 20988
Grant Program funds also may be used to fund projects involving 20989
the purchase or use of hybrid and alternative fuel vehicles that 20990
are allowed under guidance developed by the Federal Highway 20991
Administration for the CMAQ Program.20992

        Public entities eligible to receive funds under section 20993
122.861 of the Revised Code and CMAQ shall be reimbursed from 20994
moneys in the Highway Operating Fund (Fund 7002) designated for 20995
the Department of Transportation's Diesel Emissions Reduction 20996
Grant Program.20997

        Private entities eligible to receive funds under section 20998
122.861 of the Revised Code and CMAQ shall be reimbursed through 20999
transfers of cash from moneys in the Highway Operating Fund (Fund 21000
7002) designated for the Department of Transportation's Diesel 21001
Emissions Reduction Grant Program to the Diesel Emissions 21002
Reduction Fund (Fund 3FH0), used by the Environmental Protection 21003
Agency, or at the direction of the local public agency sponsor and 21004
upon approval of the Department of Transportation, through direct 21005
payments to the vendor in the prorated share of federal/state 21006
participation. Total expenditures between both the Environmental 21007
Protection Agency and the Department of Transportation shall not 21008
exceed the amounts appropriated in this act for appropriation item 21009
715693, Diesel Emissions Reduction Grants, $10,000,000 in FY 2014 21010
and $2,500,000 in FY 2015.21011

       On or before June 30, 2014, the Director of Environmental 21012
Protection may certify to the Director of Budget and Management 21013
the amount of any unencumbered balance of the foregoing 21014
appropriation item 715693, Diesel Emissions Reduction Grants, for 21015
fiscal year 2014 to be used for the same purpose in fiscal year 21016
2015. Once the certification permitted under this section has been 21017
submitted and approved by the Director of Budget and Management, 21018
the amount approved is herebymay be appropriated for fiscal year 21019
2015.21020

        Any cash transfers or allocations under this section 21021
represent CMAQ program moneys within the Department of 21022
Transportation for use by the Diesel Emissions Reduction Grant 21023
Program by the Environmental Protection Agency. These allocations 21024
shall not reduce the amount of such moneys designated for 21025
metropolitan planning organizations. 21026

       The Director of Environmental Protection, in consultation 21027
with the directors of Development Services andDirector of21028
Transportation, shall develop guidance for the distribution of 21029
funds and for the administration of the Diesel Emissions Reduction 21030
Grant Program. The guidance shall include a method of 21031
prioritization for projects, acceptable technologies, and 21032
procedures for awarding grants.21033

       Sec. 751.10.  RECOVERY REQUIRES A COMMUNITY PROGRAM21034

       The Department of Mental Health and Addiction Services, in 21035
consultation with the Department of Medicaid, shall administer the 21036
Recovery Requires a Community Program to identify individuals 21037
residing in nursing facilities who can be successfully moved into 21038
a community setting with the aid of community non-Medicaid 21039
services. 21040

       The Director of Mental Health and Addiction Services and the 21041
Medicaid Director shall agree upon an amount representing the 21042
savings realized from decreased nursing facility utilization to be 21043
transferred within the biennium from the Department of Medicaid to 21044
the Department of Mental Health and Addiction Services to support 21045
non-Medicaid program costs for individuals moving into community 21046
settings.21047

       Of the foregoing appropriation item 651525, Medicaid/Health 21048
Care Services, the Medicaid Director shall transfer the amount 21049
agreed upon representing the savings from the General Revenue Fund 21050
to the Sale of Goods and Services Fund (Fund 1490). The transfer 21051
shall be made using an intrastate transfer voucher. The 21052
transferred cash is hereby appropriated to appropriation item 21053
335609, Community Operating/Planning.21054

       The Director of Mental Health and Addiction Services and the 21055
Medicaid Director shall certify the agreed upon amount to the 21056
Director of Budget and Management. Upon receipt of the 21057
certification, the Director of Budget and Management may increase 21058
appropriation item 335504, Community Innovations, up to the amount 21059
of the certification and decrease appropriation item 651525, 21060
Medicaid/Health Care Services, by an equal amount.21061

       Section 610.21. That existing Sections 207.10, 209.30, 21062
211.10, 221.10, 241.10, 257.10, 259.10, 263.10, 263.230, 263.240, 21063
263.250, 263.270, 263.325, 275.10, 282.10, 282.30, 285.10, 285.20, 21064
301.10, 327.10, 333.10, 333.80, 340.10, 359.10, 363.10, 365.10, 21065
395.10, 403.10, 512.80, and 751.10 of Am. Sub. H.B. 59 of the 21066
130th General Assembly are hereby repealed.21067

       Section 690.10. That Section 747.40 of Am. Sub. H.B. 59 of 21068
the 130th General Assembly is hereby repealed.21069

       Section 747.10. LICENSING PERIOD FOR TERMINAL DISTRIBUTORS OF 21070
DANGEROUS DRUGS21071

       In the case of a terminal distributor of dangerous drugs 21072
holding a license issued or renewed pursuant to section 4729.54 of 21073
the Revised Code that is valid on the effective date of this 21074
section, the license remains in effect until April 1, 2015, unless 21075
earlier revoked or suspended. The license holder is subject to the 21076
renewal schedule established by division (I) of section 4729.54 of 21077
the Revised Code, as amended by this act.21078

       Section 751.20. WORKFORCE INTEGRATION TASK FORCE21079

        (A) A workforce integration task force for individuals who 21080
are deaf or blind is hereby established within the Opportunities 21081
for Ohioans with Disabilities Agency. The task force shall be 21082
co-chaired by the Executive Director of the Opportunities for 21083
Ohioans with Disabilities Agency and the Director of the 21084
Department of Job and Family Services. The co-chairs shall appoint 21085
the members of the task force.21086

       (B) The task force shall collect data on the following 21087
regarding individuals who are deaf or blind in Ohio:21088

       (1) The average income levels for those individuals who are 21089
employed compared to those who are not employed;21090

       (2) The number of those individuals;21091

       (3) Where those individuals are geographically located;21092

       (4) The number of those individuals who are employed and in 21093
what job categories they are employed;21094

       (5) Whether barriers to employment exist for those 21095
individuals.21096

       (C) The task force shall use the data collected and any other 21097
information necessary to make recommendations regarding how those 21098
individuals may be more fully integrated into the workforce to 21099
increase employability and income parity. The task force shall 21100
issue a report of its findings and recommendations to the Governor 21101
not later than January 1, 2015. Upon issuance of its report, the 21102
task force ceases to exist. 21103

       Section 751.40. SUPPORT FOR START TALKING! INITIATIVE21104

       The Director of Mental Health and Addiction Services shall 21105
designate an employee who is certified as a prevention specialist 21106
by the Chemical Dependency Professionals Board to serve as 21107
coordinator for the Start Talking! Initiative and to assist with 21108
statewide efforts to prevent substance abuse among children.21109

       Section 757.20. (A) As used in this section:21110

       (1) "Certificate owner" and "qualified rehabilitation 21111
expenditures" have the same meanings as in section 149.311 of the 21112
Revised Code.21113

       (2) "Taxpayer," "tax period," "excluded person," "combined 21114
taxpayer," and "consolidated elected taxpayer," have the same 21115
meanings as in section 5751.01 of the Revised Code.21116

       (3) "Pass-through entity" has the same meaning as in section 21117
5733.04 of the Revised Code.21118

       (B) A taxpayer that is the certificate owner of a 21119
rehabilitation tax credit certificate issued under section 149.311 21120
of the Revised Code may claim a credit against the tax levied by 21121
section 5751.02 of the Revised Code for tax periods ending on or 21122
before June 30, 2015, provided that the taxpayer is unable to 21123
claim the credit under section 5725.151, 5725.34, 5726.52, 21124
5729.17, 5733.47, or 5747.76 of the Revised Code. 21125

       The credit shall equal the lesser of twenty-five per cent of 21126
the dollar amount of the qualified rehabilitation expenditures 21127
indicated on the certificate or five million dollars. The credit 21128
shall be claimed for the calendar year specified in the 21129
certificate and after the credits authorized in divisions (A)(1) 21130
to (4) of section 5751.98 of the Revised Code, but before the 21131
credits authorized in divisions (A)(5) to (7) of that section.21132

       If the credit allowed for any calendar year exceeds the tax 21133
otherwise due under section 5751.02 of the Revised Code, after 21134
allowing for any other credits preceding the credit in the order 21135
prescribed by this section, the excess shall be refunded to the 21136
taxpayer. However, if any amount of the credit is refunded, the 21137
sum of the amount refunded and the amount applied to reduce the 21138
tax otherwise due for that year shall not exceed three million 21139
dollars. The taxpayer may carry forward any balance of the credit 21140
in excess of the amount claimed for that year for not more than 21141
five calendar years after the calendar year specified in the 21142
certificate, and shall deduct any amount claimed in any such year 21143
from the amount claimed in an ensuing year. 21144

       A person that is an excluded person may file a return under 21145
section 5751.051 of the Revised Code for the purpose of claiming 21146
the credit authorized in this section.21147

       If the certificate owner is a pass-through entity, the credit 21148
may not be allocated among the entity's owners in proportions or 21149
amounts as the owners mutually agree unless either the owners are 21150
part of the same combined or consolidated elected taxpayer as the 21151
pass-through entity or the director of development services issued 21152
the certificate in the name of the pass-through entity's owners in 21153
the agreed-upon proportions or amounts. If the credit is allocated 21154
among those owners, an owner may claim the credit authorized in 21155
this section only if that owner is a corporation or an association 21156
taxed as a corporation for federal income tax purposes and is not 21157
a corporation that has made an election under Subchapter S of 21158
Chapter 1 of Subtitle A of the Internal Revenue Code. 21159

       The credit authorized in this section may be claimed only on 21160
the basis of a rehabilitation tax credit certificate obtained by a 21161
certificate holder after December 31, 2013, but before June 30, 21162
2015.21163

       A taxpayer claiming a credit under this section shall retain 21164
the rehabilitation tax credit certificate for four years following 21165
the end of the latest calendar year in which the credit was 21166
applied, and shall make the certificate available for inspection 21167
by the tax commissioner upon request. 21168

       Section 806.10. The items of law contained in this act, and 21169
their applications, are severable. If any item of law contained in 21170
this act, or if any application of any item of law contained in 21171
this act, is held invalid, the invalidity does not affect other 21172
items of law contained in this and their applications that can be 21173
given effect without the invalid item of law or application.21174

       Section 812.20. The amendment, enactment, or repeal by this 21175
act of the sections listed below is exempt from the referendum 21176
under Ohio Constitution, Article II, Section 1d and section 1.471 21177
of the Revised Code and therefore takes effect immediately when 21178
this act becomes law or, if a later effective date is specified 21179
below, on that date.21180

       Sections 503.20, 512.10, 512.20, 512.30, 512.40, 610.20, 21181
610.21, 751.40, and 812.20 of this act.21182

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